Thoughtful Counsel for Consequential Decisions
Few people set out to be whistleblowers. But when individuals encounter potential wrongdoing in their professional lives, they face complex legal, ethical, and personal considerations. These situations demand advisors who understand the range of choices available and can provide guidance on which to pursue.
At Treanor Devlin Brown, we offer sophisticated representation informed by our experience on all sides of these matters.
Balanced Perspective from All Sides
Our founding partners bring diverse experience to whistleblower matters:
- As federal prosecutors in the nation’s premier U.S. Attorney’s Office, met with and evaluated claims of company insiders, relying on credible and substantial reports to build cases that recovered billions for fraud victims
- As defense counsel to major corporations, we’ve helped companies respond effectively to whistleblower allegations, where substantiated, helped address the problem.
- As advisors to individuals, we’ve guided individuals aware of (and sometimes involved in) corporate wronging through the complex decision-making process around whether to report the issue outside of the company.
This 360-degree perspective allows us to provide nuanced counsel that accounts for all relevant considerations—legal, professional, and personal. We understand what makes cases compelling to government agencies, how companies respond to allegations, and what factors individuals should weigh before making disclosures.
Measured Approach to Complex Decisions
Whistleblowing represents one of the most consequential professional decisions an individual can make. Before taking this step, clients benefit from thorough evaluation of all potential pathways and implications. Our approach includes:
- Comprehensive risk assessment of personal and professional considerations
- Exploration of alternative resolution options where appropriate
- Strategic planning for those who decide to proceed with disclosures
- Careful navigation of confidentiality concerns and potential anonymity
- Thoughtful management of potential exposure to related proceedings
- Clear explanation of potential financial incentives without overpromising outcomes
Federal Whistleblower Programs:
Department of Justice (DOJ) Whistleblower Programs
Launched in 2024, these groundbreaking programs target white-collar crime with incentives for insiders who step forward.
The DOJ now offers both immunity from prosecution for cooperating wrongdoers and in some cases financial rewards for those who report misconduct, alongside robust anti-retaliation protections. How these programs will work in practice is still unclear, but we can guide you through the analysis.
Securities & Commodities Whistleblowers (SEC, CFTC)
These programs have awarded hundreds of millions of dollars to individuals who exposed securities fraud, market manipulation, FCPA violations, and commodities misconduct. Awards range from 10% to 30% of monetary sanctions exceeding $1 million, with strong confidentiality protections including anonymous filing options.
Treasury Department (FinCEN) AML and Sanctions Program
This newer program targets financial crimes with rewards of 10% to 30% on recoveries exceeding $1 million. While implementing regulations are still developing, we monitor this evolving program closely to position clients advantageously.
False Claims Act (FCA) Whistleblower Program
Dating to 1863, the FCA’s qui tam provisions have recovered billions from government contractors and others who defraud taxpayers. Whistleblowers receive 15% to 30% of recoveries, which can be multiplied by treble damages and civil penalties. The FCA’s global reach extends to misconduct worldwide and welcomes non-U.S. whistleblowers.
IRS Whistleblower Program
This program has awarded billions to whistleblowers who identified significant tax evasion. Awards range from 15% to 30% of collected amounts, providing substantial incentives to expose non-compliance.
Our Deliberate Process
1. Initial Consultation and Assessment
We help you understand the full landscape of options, evaluate the strength of potential disclosures, and assess both risks and potential benefits of various approaches.
2. Exploration of Alternatives
In appropriate cases, we discuss potential alternatives to formal whistleblowing, including internal reporting channels and other resolution mechanisms.
3. Thoughtful Decision-Making
We provide the guidance needed to make an informed decision aligned with your values, priorities, and circumstances—with no pressure in either direction.
4. Strategic Implementation
For clients who choose to proceed with disclosures, we develop and execute a careful strategy that protects your interests throughout the process.
5. Ongoing Representation
We provide steady counsel through what can be a lengthy and complex process, managing expectations and advocating for your interests at every stage.
Informed Decisions. Sound Guidance.
Complex situations involving potential misconduct require careful navigation. Our experience on all sides of these matters provides the perspective needed for thoughtful counsel.