By: Ann O’Brien & T. J. Benedict (Sheppard Mullin)
In his blog post for Sheppard Mullin’s Antitrust Law Blog, authors Ann O’Brien & T. J. Benedict take a look at the DOJ Antitrust Division’s newly announced Antitrust Whistleblower Rewards Program, unveiled on July 8. This first-of-its-kind initiative aims to reward individuals who provide original information leading to criminal fines or recoveries exceeding $1 million. Whistleblowers may receive between 15% and 30% of those recoveries. The DOJ will administer the program in collaboration with the U.S. Postal Inspection Service (USPIS) and the U.S. Postal Service Office of Inspector General (USPS OIG).
However, the blog highlights that the program’s scope is narrower than initially suggested. According to the Memorandum of Understanding (MOU), payments are only available if the whistleblower’s information relates to violations that affect the U.S. Postal Service—because it is the Postal Service, not the DOJ, that has statutory authority to pay informants. Additional eligibility restrictions include the requirement that information must be original, non-public, and not previously known to the authorities. Whistleblowers who obtained the information through attorney-client relationships, compliance roles, or illegal means are also disqualified.
Further restrictions exclude individuals who led or coerced others into illegal conduct, and anyone affiliated with law enforcement or the Postal Service—including their...
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