How Much is Whistleblower Reward?


That depends first on what type of whistleblower you are and then on the specific facts and circumstances of your whistleblower case?

Different whistleblower statutes establish different whistleblower reward formulas. The federal False Claims Act pays 15% to 25% of the proceeds recovered from the lawsuit if the government joins the case and 25% to 30% if the government declines to intervene in it and the whistleblower handles it alone. 31 U.S.C. Section 3730(d). The SEC whistleblower program pays 10% to 30% of the money collected by the SEC in the case (provided at least $1 million is collected). 15 U.S.C. Section 78u–6(b). The IRS whistleblower program pays 15% to 30% of the amount collected by the IRS (provided at least $2 million is in dispute for corporate taxes or the annual gross income is at least $200,000 for personal taxes). IRC Section 7623(b). The IRS can also exercise its discretion and award up to 15% of collect amounts if the conditions for the regular whistleblower program are not met. IRC Section 7623(a). There are a number of lesser used whistleblower laws as well and they have different formulas for determining the amount of the whistleblower rewards.

The amount a whistleblower receives in the prescribed range of percentages is usually negotiated between his or her attorney and the government and is based on the value of the whistleblower’s contribution and other factors. The amount can also be set by a judge if necessary.

Most of the key whistleblower laws pay rewards only out of monies collected from defendants. So a defendant’s ability to pay is an important factor to consider.

Sometimes the whistleblower reward is reduced below the stated range. Most commonly this is because much of the whistleblower’s information was already in the public domain or the whistleblower inadvertently opened the door to areas of fraud which he or she did not know about. Infrequently, a whistleblower’s reward is reduced because the person played a significant role in the fraud itself. (It can even be zero if the whistleblower is convicted of a related crime.) A reward might also be reduced because of an agreed upon or court ordered sharing arrangement with other whistleblowers.

Whistleblowers frequently can also recover reasonable attorneys’ fees plus litigation costs and expenses.

Finally, some whistleblowers are entitled to other kinds of monetary relief. The most common is compensation for whistleblower retaliation. The False Claims Act for instance provides for two times back pay and other financial relief and reinstatement where an employer takes an adverse action against an employer or contractor because they engaged in protected whistleblowing activity. 31 U.S.C. Section 3730(h). The SEC law has similar whistleblower protections. 15 U.S.C. Section 78u-6(h)(1).

 Whistleblower Law Team at: Phone: 800-777-0356 Email: info@wblteam.com

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