SDNY Whistleblower Program Frequently Asked Questions (FAQs)

Is it an option for individuals to provide information anonymously?

In order to evaluate whether an individual who provides information regarding criminal conduct qualifies for a non-prosecution agreement, SDNY will ultimately need to know the individual’s identity.  However, at least in the first instance, individuals can provide information anonymously, either directly or through counsel. 

What protections are initially available for individuals who disclose information to SDNY regarding criminal conduct? 

While SDNY evaluates whether an individual qualifies for a non-prosecution agreement, it is possible to accept information from the individual pursuant to a proffer agreement with this Office or via an attorney proffer.

I represent a client who has information about wrongdoing at a company, and the company’s counsel is currently conducting an investigation of that wrongdoing.  Must my client report information to SDNY before any report is made by company counsel in order for my client to qualify for whistleblower protection? 

No.  Individuals with information relating to a crime will not necessarily be disqualified for consideration under the SDNY program if company counsel reports the information first.  However, individuals should be prepared to report information to SDNY expeditiously.

I have information that may relate to a crime that occurred outside of New York.  Would I still be eligible for whistleblower protection? 

Even conduct that occurs in part outside of SDNY may be prosecutable by this Office.  Prosecutors will assess information provided by individuals to determine whether venue lies in this District.  Moreover, other districts within the Department of Justice also have adopted whistleblower pilot programs, and individuals may qualify under the terms of those programs.

How does SDNY’s whistleblower pilot program interact with other agency whistleblower programs?  

It is not uncommon for individuals to report a crime to another agency’s whistleblower program, in addition to SDNY’s program.  Participation in another agency’s whistleblower program is generally not a bar to participation in the SDNY program.