New Whistleblower Pilot Program encourages early voluntary self-disclosure of criminal conduct

ALEXANDRIA, Va. - The United States Attorney's Office for the Eastern District of Virginia (EDVA) has created the EDVA Whistleblower Non-Prosecution Pilot Program (Whistleblower Program), designed to encourage early voluntary self-disclosure of criminal conduct by participants in certain non-violent offenses.

"Our new Whistleblower Program emphasizes our continued focus on fraud and public corruption cases," said U.S. Attorney Jessica D. Aber. "We encourage people to come forward, report these crimes, and cooperate with us. In exchange for this information and ongoing cooperation, we promise that eligible whistleblowers will not be prosecuted. And if you choose not to come forward, someone else might."

In exchange for such self-disclosure and cooperation, EDVA will enter into a non-prosecution agreement where certain specified conditions are met, including that the criminal conduct was neither previously made public nor known to the government. Eligible disclosure must relate to the actions of individuals who are equally or more culpable than the whistleblower, cannot be made in response to an inquiry or investigation, and must be complete. Non-prosecution agreements under the program are not available to elected federal or foreign officials, officials or agents of federal law enforcement agencies, or officers who exercise primary control over the operations of the public or private organization where the misconduct occurred. By providing clarity on the requirements and the benefits of such self-disclosure, this published policy - and others across the Department of Justice - incentivize individuals and their counsel to provide timely, actionable information. That, in turn, will help bring more misconduct to light and better protect communities within EDVA.

Reporting individuals must also forfeit any benefit or profit they received through their participation in the criminal conduct and make restitution commensurate with their role in the offense.

The EDVA Whistleblower Program is different and separate from the Corporate Whistleblower Awards Pilot Program (Whistleblower Awards Program) of the Justice Department's Criminal Division. EDVA's pilot program is for individuals who participated in criminal activity and face criminal liability. The Whistleblower Awards Program is for those who did not meaningfully participate in criminal activity that falls within specific subject areas.

Information for the Whistleblower Non-Prosecution Pilot Program is available on the EDVA website, including links for the full policy and access to our intake form for voluntary self-disclosure. Completed forms may be submitted to the U.S. Attorney's Office at [email protected].