Whistleblower programs have proliferated and been growing in importance in the criminal and regulatory enforcement landscape globally.
In this three-part series, we first discuss recent developments in whistleblower programs in the United States. Second, we review whistleblower initiatives in other non-U.S. jurisdictions over the past year. Third, we address how developments in whistleblower programs impact corporations.
In relevant developments in U.S. whistleblower programs over the past year, (1) the Department of Justice (“DOJ”) introduced a three-year pilot program that offers monetary awards for reports relating to certain specific types of corporate misconduct; (2) the annual reports for the Securities and Exchange Commission (“SEC”) and Commodity Futures Trading Commission (“CFTC”) whistleblower programs disclosed record numbers for 2024; (3) the Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) reported on the development of its own whistleblower award program; (4) the National Highway Traffic Safety Administration adopted its whistleblower rule; and (5) a federal district court held the False Claims Act’s qui tam provision unconstitutional, potentially impacting an important mechanism through which individual whistleblowers sought recovery for alleged violations of federal law.
In August, the DOJ launched the Corporate Whistleblower Awards Pilot Program, a three-year pilot program...
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