U.S. Attorney Lapointe Announces Southern District of Florida Whistleblower Non-Prosecution Pilot Program

Today, U.S. Attorney Markenzy Lapointe announced that the Southern District of Florida has launched its own Whistleblower Non-Prosecution Pilot Program (Whistleblower Program). The Whistleblower Program is designed to encourage voluntary self-disclosure by individual participants in certain types of non-violent criminal conduct involving corporations, to include financial crimes, corporate crimes, health care fraud, and public corruption.

In exchange for self-disclosing, fully cooperating with authorities, and paying any applicable victim compensation, restitution, or forfeiture, including returning any ill-gotten gains, the U.S. Attorney’s Office for the Southern District of Florida (USAO-SDFL) will enter into a non-prosecution agreement (NPA) where certain specified conditions are met. One of those conditions is that the government was not previously aware of the criminal conduct that is the subject of the disclosure. The Whistleblower Program provides transparency regarding the circumstances in which the USAO-SDFL prosecutors will offer NPAs to incentivize individuals (and their counsel) to provide original and actionable information. Incentivizing the disclosure of information will: (i) help law enforcement investigate and prosecute criminal conduct that might otherwise go undetected or be difficult to prove; and (ii) encourage companies to create compliance programs that help prevent, detect, and remediate misconduct.

“By providing clarity on the requirements and the benefits of self-disclosure, the USAO-SDFL seeks to incentivize individuals and their counsel to provide actionable and timely information. Such disclosures will, in turn, help us continue to bring fraud, misconduct and corruption to light and better protect the diverse communities we serve,” stated U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “We encourage people who qualify for the Whistleblower Program to take advantage of the opportunity to come clean, cooperate, and get on the right side of the law.  Our message is clear: contact us before we contact you. Anyone with information can voluntarily self-disclose by emailing USAFLS.WhistleblowerProgram@usdoj.gov.”

This announcement comes on the heels of Deputy Attorney General (DAG) Lisa Monaco’s keynote remarks at the American Bar Association's 39th Annual National Institute on White Collar Crime, where she outlined the Justice Department’s approach to corporate criminal enforcement: holding individuals accountable; targeting resources to combat the most serious white-collar criminal conduct; and pursuing tough penalties for repeat corporate offenders. DAG Monaco highlighted the Justice Department’s “carrots and sticks” approach of encouraging companies and individuals to self-report corporate crimes and other financial misconduct and imposing the most significant penalties on those most culpable. 

To reinforce these efforts, DAG Monaco announced a new Justice Department Corporate Whistleblower Awards Pilot Program, which offers rewards to those who did not meaningfully participate in criminal activity but have information related to one of the following areas: (1) certain crimes involving financial institutions, from traditional banks to cryptocurrency businesses; (2) foreign corruption involving misconduct by companies; (3) domestic corruption involving misconduct by companies; or (4) health care fraud schemes involving private insurance plans.  Additional information regarding the Awards Program is available here.

For the Corporate Whistleblower Awards Program, the whistleblower must discover and report financial and corporate misconduct not otherwise known to the government – akin to the successful whistleblower programs operated by the Securities and Exchange Commission (SEC) and the Commodity Futures Trading Commission (CFTC). If the information a whistleblower submits results in a successful prosecution that includes criminal or civil forfeiture, the whistleblower may be eligible to receive an award of a percentage of the forfeited assets.

The USAO-SDFL is committed to carrying out the Department’s mission by upholding the rule of law and protecting victims. For individuals who are aware of crimes being committed, to include fraud and public corruption, and want to make a disclosure, the USAO-SDFL is providing them an avenue to recompense their victims in exchange for a possible NPA. This practice will advance the interests of justice, deter misconduct, and provide victim compensation.

The Office’s Whistleblower Program policy is publicly available on the Southern District of Florida website at www.justice.gov/usao-sdfl.

USAO-SDFL Whistleblower Non-Prosecution Pilot Program flyer

###