NDCA Whistleblower Pilot Program

The U.S. Attorney’s Office for the Northern District of California launched the NDCA Whistleblower Pilot Program to encourage individuals to voluntarily report criminal conduct to the Office and to provide actionable and timely information regarding other culpable parties. In exchange for early reporting of criminal conduct in certain non-violent offenses, the Whistleblower Program provides that an individual who meets certain other conditions and continues to cooperate will not be charged by the U.S. Attorney’s Office. To be eligible for leniency under the Whistleblower Program, the reporting individual must provide information about criminal conduct not previously known to the Office or any other Department of Justice component. The Whistleblower Program applies to crimes involving fraud, securities law violations, public corruption and bribery, and trade secret or other intellectual property theft. Reports under the Whistleblower Program may be submitted by individuals or their counsel.

The NDCA Whistleblower Pilot Program provides important policy guidance to criminal prosecutors in the U.S. Attorney’s Office and does not apply to other districts or jurisdictions. The Whistleblower Program policy does not create any substantive or procedural rights, privileges, or benefits enforceable in any matter by prospective or actual witnesses or parties. As stated in the policy, the U.S. Attorney’s Office retains the sole discretion to determine whether an individual has satisfied each of the conditions necessary for the Office to enter into a non-prosecution agreement in exchange for the individual’s cooperation, and where the Office has determined that those conditions are not met, the Office has the sole discretion to determine whether to extend a non-prosecution agreement or other resolution in exchange for the individual’s information and cooperation.

The Office continues to encourage the reporting of crimes other than those offenses explicitly included in the Whistleblower Program, and cooperating individuals not eligible for the Whistleblower Program will be evaluated under standard principles of federal prosecution and considered for leniency and credit for cooperation depending on the nature of the cooperation and other factors

For additional information, please review the NDCA Whistleblower Pilot Program.
You may email the Whistleblower Pilot Program Intake Form to USACAN.WBP@usdoj.gov.