Key Takeaways

• The DOJ has issued its first award under the new USPS antitrust whistleblower program, confirming the program is active and tied to real enforcement outcomes, including a deferred prosecution agreement and multimillion-dollar fine.
• By pairing monetary awards of 15% to 30% of recoveries with existing leniency policies and USPS authority tied to use of the mail, the DOJ is accelerating what it calls a “race to report” and increasing exposure for companies.
• Organizations should reassess antitrust compliance training, monitoring and documentation practices in light of heightened enforcement risk and increased incentives for employees to report.

The U.S. Department of Justice (DOJ) and the U.S. Postal Service (USPS) recently announced their first-ever award under their new whistleblower program: $1 million to an individual whose tip led to a deferred prosecution agreement with EBLOCK Corporation. Under the deferred prosecution agreement, EBLOCK will pay a $3.28 million fine and must take remedial measures, including cooperating with the DOJ in ongoing criminal investigations. The scheme involved a company that EBLOCK acquired in 2020, referred to as “Company A” by the DOJ. According to the DOJ, Company A illegally coordinated with a “Company B” to rig bids for online auctions for used vehicles. The companies coordinated to place fake bids and artificially increase the price for used cars and split the profits. They used the U.S. mail to send documentation...

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