Can I Remain Anonymous as a Whistleblower?

There is not a simple answer to this question and a qualified whistleblower attorney can help whistleblowers understand the opportunities and limits of anonymity under the various whistleblower programs. There are several ways in which whistleblowers can remain anonymous, and a skilled whistleblower attorney can help protect and ensure your anonymity. The SEC, CFTC and IRS whistleblower programs provide for near complete anonymity with the help of an experienced whistleblower attorney who will take the necessary steps to protect your identity.

Remaining anonymous is important to whistleblowers under the SEC, CFTC and IRS whistleblower programs due to fear of retaliation, becoming blacklisted within an industry, and other potential harm that could come from a whistleblower shedding light on wrongdoing. Hagens Berman has represented dozens of whistleblowers and protected their anonymity and confidentiality for the entire duration of the case and even after some cases receive significant publicity.

Whistleblower lawsuits involving the False Claims Act are a bit different. They are filed under seal, initially protecting the whistleblower’s identity for a period of time. At the start of your False Claims Act case, your whistleblower claims will be kept confidential, and you will be able to remain anonymous under the provisions of that whistleblower program. Eventually, a whistleblower under the False Claims Act will be disclosed.

There are also laws protecting whistleblowers from retaliation, should their identity be made known. If a whistleblower’s employer does retaliate in an event of lack of anonymity, the whistleblower can sue for damages. The SEC has now brought several actions against employers for retaliating against whistleblowers who report to the SEC.

THREATS TO A WHISTLEBLOWER’S ANONYMITY

Many corporations have their own whistleblower protocols, creating what appears to be a safe space for employees to blow the whistle on fraud. But be wary of these internal programs: All too often, these channels fail whistleblowers, leaving them with no legal protection against retaliation and no chance of compensation for risking their job to report wrongdoing. And all too often, these channels are anything but anonymous, forcing whistleblowers to reveal their identities, putting them squarely responsible for what they may have believed was confidential sharing of information.

Before reporting on malfeasance within your company or organization, it’s best to speak with an experienced whistleblower law firm like Hagens Berman. When contacting a whistleblower attorney to discuss your potential case, it’s crucial that you never use a device, network or location associated with your workplace to help remain anonymous. Employers maintain the ability to conduct surveillance on equipment they issue to employees, which could expose both your identity and the fraudulent behavior you’re reporting.

Also, while the press has long played a vital role in exposing fraud, this does not mean you should discuss your whistleblower case with the media – or on social media. Neither journalists nor social media companies are obligated to grant a whistleblower anonymity, and defendants have the ability to obtain written communications (like e-mails) between whistleblowers and reporters during legal proceedings, risking your anonymity. All in all, the odds of your case reaching a successful resolution decrease significantly if you choose to prematurely go public with the whistleblower allegations, and your ability to remain anonymous is threatened.

Find out more about the False Claims Act’s whistleblower program, the SEC whistleblower program and the CFTC whistleblower program »

ANONYMITY FOR FALSE CLAIMS ACT WHISTLEBLOWERS IS NOT ABSOLUTE

Whistleblower cases involving fraud against the government under the False Claims Act are kept under seal for at least 60 days during the government’s investigation of the allegations. During this period, which is virtually always extended to allow the government several months or years to investigate, the whistleblower’s identity is kept confidential, and the whistleblower remains anonymous.

When the government intervenes or declines intervention in a False Claims Act case filed by a whistleblower, then the whistleblower’s anonymous identity is typically disclosed, with the whistleblower afforded powerful legal protections against retaliation by the defendant. However, there are still a handful of scenarios in which a whistleblower’s identity can remain secret even after the government has filed suit.

If it can be proven that certain factors, like a whistleblower’s personal safety or risk of retaliation, outweigh the public interest, then the period of anonymity can be extended. Based on the same sort of circumstances, a whistleblower’s attorney may petition to keep a case permanently under seal. These sort of efforts, however, are often unsuccessful.

A whistleblower may also seek to protect his or her identity by filing suit as an organization instead of an individual. But while this tactic may postpone the disclosure of a whistleblower’s identity, it is unlikely to ensure permanent anonymity.

The reality is that, in False Claims Act cases, a whistleblower’s identity is likely to become known at some point. This is because courts do not favor allowing persons to file lawsuits with permanent anonymity. For this reason it is critical that a potential whistleblower consult an experienced whistleblower attorney at a firm like Hagens Berman, which will ensure that the whistleblower is protected from retaliation to the furthest extent of the law. Furthermore, Hagens Berman’s whistleblower team has a record of success in False Claims Act cases, which can result in multimillion-dollar rewards for individuals who bravely blow the whistle on fraud committed against the government.

Learn more about rewards for False Claims Act whistleblowers »

HAGENS BERMAN SUCCESSFULLY REPRESENTS ANONYMOUS WHISTLEBLOWERS

Hagens Berman’s team of whistleblower attorneys, led by managing partner, Steve Berman, and head of whistleblower practice, Shayne Stevenson, has successfully represented anonymous whistleblowers under the federal False Claims Act and similar state laws. The firm also has proven expertise and success in the area of financial fraud and maintains a robust practice with the SEC and CFTC, where the firm is virtually unrivaled in success and reputation. Our legal team has decades of experience with highly confidential information and is sensitive to our clients’ personal protection and security of information and identity.

In the most prominent CFTC whistleblower action since the program began, Hagens Berman represented the anonymous whistleblower who identified the previously undetected cause of the infamous 2010 “Flash Crash,” where a rogue trader in London materially contributed to the largest instantaneous drop in global financial markets to date. This whistleblower action resulted in the first-ever Department of Justice prosecution and guilty plea following extradition of a foreign market manipulator. Even after the 2020 publication of Bloomberg journalist Liam Vaughan’s popular book (also called “Flash Crash”) on the case, the identity of the whistleblower has remained confidential.

Unlike smaller whistleblower practices, which often lack the resources to litigate whistleblower claims against some of America's biggest corporations, Hagens Berman has a record of success that includes some of the largest settlements in legal history.

HOW TO BECOME A WHISTLEBLOWER AND STAY ANONYMOUS

If you have knowledge of an act of fraud or would like to discuss becoming a whistleblower and keeping your identity confidential, and find out more about your legal rights, rewards and anonymity protections, contact our whistleblower legal team at [email protected] or by filling out the secure form on this page.