US attorney announces updated whistleblower program
US Attorney Ellis Boyle announced Tuesday a modified whistleblower program. It targets companies that engage in fraud involving federal government programs, commit crimes involving criminal aliens, and support cartels.
The program is designed “to encourage early voluntary self-disclosure of criminal conduct and to promote effective enforcement of criminal laws,” according to the policy posted on the US attorney’s website. It applies throughout the 44 counties of the Eastern District of North Carolina.
“Our office focuses on companies, not just individuals, that steal taxpayer dollars from government programs, help cartels, and aid criminal aliens,” Boyle said in a news release. “Too often, companies that receive government funds are the principal actors of criminal conduct. This EDNC Whistleblower Program makes it easier for insiders, or anyone else who have knowledge of corporate crime, to come forward with that information before it is too late. Folks can win-win by stopping fraud and avoiding prison.”
The Eastern District’s prior whistleblower program did not provide leniency for people with inside knowledge of corporate crimes, according to the release. Crimes covered by the modified program include: fraud upon federal government programs (including those administered by states); international cartels or transnational criminal organizations; money laundering; violations of federal immigration law; violations involving material support of terrorism (including support for cartels); corporate sanctions; trade, tarriff, and customs violations; and procurement fraud.
“With these changes, we clearly proclaim that the president’s priorities are our priorities,” Boyle said. “If you have knowledge of crimes by a company, come forward, give us the information, and earn leniency. Please don’t make us catch you before you come clean, because then we will fully prosecute you to the maximum extent allowed by law.”
A potential whistleblower must meet certain conditions, according to the policy. The alleged misconduct cannot involve information that’s already publicly available or known to the US attorney’s office or federal Justice Department. The whistleblower’s disclosure must be voluntary and not in response to a government investigation. The whistleblower must be able to help with the investigation or prosecution of at least one “equally or more culpable” person. The whistleblower must tell the truth about his own involvement in the illegal activity. The whistleblower must forfeit any illegal proceeds and pay restitution to any victims.
The program does not apply to “(a) a federal, state, or local elected official or the head of a public agency or entity; (b) an official or agent of a federal investigative or federal law enforcement agency; or (c) the chief executive officer or equivalent or chief financial officer or equivalent of a public or private company,” the policy explains.
The US attorney will not offer whistleblower protection to anyone in a sex crime, other violent crime, or terrorism. A potential whistleblower cannot have a “previous felony conviction or a conviction of any kind for conduct involving fraud or dishonesty.”
The whistleblower program “compliments — and does not replace” other means of holding corporate criminals accountable, according to the US attorney’s release. An individual also can file a private lawsuit called “qui tam” on behalf of the United States against a company alleged to have engaging in fraud against the government.
“US attorney announces updated whistleblower program” was originally published on www.carolinajournal.com.
