Difference between revisions of "Whistleblower Protection Laws"

Line 172: Line 172:
|3 years
|3 years
|-
|-
|[https://www.cftc.gov/PressRoom/PressReleases/8022-19 $7 million]
|Scope of Protected Conduct (protected whistleblowing)
|September 27, 2019
|Protects lawful acts done by the employee, contractor, agent, or associated others (1) in furtherance of an action under the FCA or (2) other efforts to stop 1 or more violations
|On September 27, 2019, the CFTC issued a $7 million award to a whistleblower. CFTC Director of Enforcement James McDonald stated in the Press Release: “Forty percent of our investigations now involve whistleblowers. We expect that number to increase as the CFTC continues to expand its whistleblower program.” Find the order [https://www.whistleblower.gov/sites/whistleblower/files/2019-09/19-WB-05.pdf here].
|Protects disclosures to employer or the government concerning:
*Violation of law, rule, or regulation related to a federal contract
*Gross mismanagement of a federal contract or grant
*Gross waste of federal funds
*Abuse of authority relating to a federal contract or grant
*Substantial and specific danger to public health or safety
|-
|-
|[https://www.cftc.gov/PressRoom/PressReleases/8175-20 $6 million]
|Damages
|June 9, 2020
|Double back pay, reinstatement, uncapped special damages (emotional distress and harm to reputation), attorney’s fees
|On June 9, 2020, the CFTC issued a $6 million award to a whistleblower who voluntarily provided original information that led the CFTC to bring a successful enforcement action. According to the Press Release announcing the award, the CFTC opened its investigation upon receiving the whistleblower’s information, which was specific, credible and timely.
|Back pay, reinstatement, uncapped special damages, attorney’s fees
|-
|-
|[https://www.cftc.gov/PressRoom/PressReleases/7882-19 $2 million]
|Coverage
|March 4, 2019
|Employee, contractor, or agent of federal contractor
|On March 4, 2019, the CFTC announced an award of over $2 million to a whistleblower. The whistleblower conducted an "independent analysis" of market data, which aided greatly in the CFTC’s investigation. The whistleblower was not an insider. The order is [https://www.whistleblower.gov/sites/whistleblower/files/2019-03/19-WB-01%20-%20Public%20Version.pdf here].
|Employee of a contractor, subcontractor grantee, or subgrantee, or a personal services contractor
|-
|Causation Standard
|"But for" causation
|Contributing factor causation
|-
|Administrative Exhaustion
|No exhaustion requirement; file directly in federal court
|Must file initially at OIG and after 210 days, can remove claim to federal court
|-
|-
|}
|}