Potential whistleblowers should create a timeline from the first sign of fraud or misconduct. This simple task is crucial. Fraud may typically begin with a specific action, but the facts unfold over time, and whistleblowers often discover the scheme later.  Writing the full story may seem overwhelming, but a timeline helps organize facts and presents the chronology of events without needing special writing skills. 

An effective timeline captures precise dates and times of events.  It provides a clear and concise description of each event, including the who, what, where, and why of the event.  It identifies the key support for each event, by referencing any documents, emails, texts, or witness statements.  References to these sources are crucial for verification of the facts and to build credibility.  It also identifies all the individuals and entities involved. A good timeline is also never finished. As additional information becomes available, it can be added to the timeline. Seeing a new fact in the context of things previously known can sometimes change the significance of something that seemed insignificant without the appropriate context.

Timelines are essential for whistleblowers.  First, and most importantly, by writing down the sequence of events, it helps trigger and solidify memories by placing them in chronological order and allowing the connection of related details more easily. In essence, the more you think about something the clearer your memory becomes.  According to attorney Jeffrey F. Keller of Keller Grover LLP, “we have many, many conversations with our whistleblower clients, because every time we discuss a topic, something new comes out.  We always have our clients start by putting everything they think is important for us to know into a chronology.  We will then go through that timeline with the client to flesh out the details.  For us, this is one of the most important steps when working with a new client.”  

Timelines are also incredibly valuable to whistleblowers in finding competent counsel.  According to Keller, “we get many inquiries from potential whistleblowers looking for help.  The ones that come prepared with their documents and a detailed chronology are the ones that are most likely to get our attention.” 

Timelines help whistleblowers organize their thoughts and by capturing the facts in one place, reduce their stress trying to remember everything that happened.  Capturing all the facts, whether important or not, in a chronological fashion, will allow the lawyers to easily understand the context and importance of the facts and identify key moments.  Most whistleblowers do not know what facts are important in building a case.  

While creating timelines can be challenging and time-consuming, requiring hours of work, they are one of the most important things a whistleblower and attorneys will do in building a case.  Using word processing or spreadsheet programs allows easy backfilling of facts and adding new events. Technology is helpful, but a simple method like using index cards works too—just write each fact on a separate card and arrange them chronologically.   By starting the process as early as possible, the whistleblower increases their chances of success. A well-constructed timeline is not just a list of dates; it’s a storyline of the fraudulent scheme the whistleblower wants to expose. It should be accurate, complete, and easy to understand.

A whistleblower program regarding motor vehicle safety defects has taken shape, with the National Highway Traffic Safety Administration formalizing the rules outlining its program.

The program pertains to individuals who have worked in the auto industry and who offer original information about vehicle flaws that are “likely to cause unreasonable risk of death or serious physical injury,” according to the final rule text. Specifically, eligible whistleblowers are current or former employees or contractors who worked for a vehicle manufacturer, part supplier, or dealership, the NHTSA said.

If the tip leads to a successful enforcement action, with collected monetary sanctions exceeding $1 million, the whistleblower could collect 10 percent to 30 percent of the sanction amount. Formal actions can include investigations, recalls, or civil penalty enforcement actions.

The whistleblower program, mandated by a 2015 law, has taken years to create. Even absent final rules, in 2021 the NHTSA made its first award of $24.3 million (30 percent) to a former Hyundai Motor engineer who reported a design problem that caused engines in Hyundai and Kia vehicles to stall and even ignite.

The U.S. government increasingly leans on whistleblowers to help protect the public, both in terms of safety and use of taxpayer dollars. We recently wrote about the plethora of federal whistleblower programs, which range in focus but — as Kate Scanlan, a Keller Grover founding attorney and experienced whistleblower lawyer said — unite on the theme of a “complex scheme to skirt a legal requirement with massive amounts of money at stake.” 

These whistleblowers typically are eligible for rewards, as well as protections and confidentiality.

If you are an insider with unique information about activity that threatens public safety, skirts laws or defrauds the U.S. government, contact Keller Grover for a free and confidential consultation. Our experienced whistleblower attorneys can answer questions and work with you to develop prudent next steps. In addition to providing a public service, remember that whistleblowers who help expose fraud using established whistleblower programs may be eligible for an award.

 

Dating back to the founding of the United States, whistleblowers have helped protect both the public and taxpayer dollars. In the 21st Century the federal government has sought the help of whistleblowers through the False Claims Act and in whistleblower programs at the SEC, the CFTC, the IRS and the Department of Treasury.  

Late last year, U.S. Reps. Jan Schakowsky, D-Illinois, and Lori Trahan, D-Massachusetts, reintroduced the FTC Whistleblower Act of 2024 that would enable the Federal Trade Commission to reward whistleblowers.

In the alphabet soup of the federal government, the FTC’s role is to protect the public from deceptive, anticompetitive, or unfair business practices. It uses investigative, enforcement, and rule-making authority to stop these practices. But the FTC doesn’t have authority to reward whistleblowers financially.

The bill would establish both protections from retaliation and incentives — 10 percent to 30 percent of recoveries — for individuals who report original information about wrongdoing by current or former employers that are overseen by the FTC. Such reports could include violations of consumer protection or antitrust laws and regulations. The program would bring consistency with other federal whistleblower programs.

“Not only does this bill protect consumers from greedy, lawbreaking corporations, but it also supports the whistleblowers who expose wrongdoing,” Schakowsky said in a statement about the bill.

Keller Grover has a deep understanding of consumer laws and has been advocating for their enforcement for more than 30 years. The federal government needs whistleblowers to supplement their efforts to combat fraud, waste and abuse.

If you are an insider with original information about fraudulent activity, contact Keller Grover for a free and confidential consultation. Our experienced whistleblower attorneys can answer questions and work with you to develop prudent next steps. Whistleblowers who help expose fraud using established whistleblower programs may be eligible for an award.

Since President Trump took office in January 2025, the White House has issued a series of Executive Orders (EOs) and announced numerous trade policies.  One such EO the President signed on his first day was an “American First Trade Policy Memorandum,” seeking the review of trade policy as well as investigations into unfair trade practices. The President further announced the implementation of tariffs of 10-25% for importation of goods from foreign countries, like China, Canada, and Mexico, and on products like steel and aluminum.  Add these policies to the Deputy Assistant Attorney General Michael Granston ’s recent statements that the Department of Justice will “aggressively” enforce the False Claims Act (FCA) on foreign trade issues, including the recently imposed tariffs, whistleblowers will likely play an oversized role in identifying violations of the President’s focus on government waste and fraud.

Trump’s Tariffs

These new policies may tempt importers to try to escape paying these tariffs.  If they did, that would potentially trigger an FCA violation. A tariff, which acts as a tax on imports, increases the customs duty to be paid on an import.  Entities that receive money from the government through fraudulent claims for payment may violate the FCA.   But the FCA also applies to an entity that “knowingly conceals or knowingly and improperly avoids or decreases an obligation to pay or transmit money or property to the Government.”  These types of claims are known as “reverse” false claims”.  Entities that seek to evade paying customs duties could be subject to FCA liability.  

The Buy American Act

The President’s American First Trade Policy also implicates the long standing Buy American Act (BAA).  The BAA and the False Claims Act (FCA) work together to ensure integrity and fairness in federal procurement processes. The BAA requires the federal government to give precedence to domestic goods in its purchases, while the FCA is a powerful tool to fight fraud against the federal.  government.   

The history of the Buy American Act, dating back to 1933, requires the federal government to favor U.S.-made products in its purchases.  The BAA aims to ensure that taxpayer money is used to support domestic industries and create jobs within the United States. The BAA applies to all federal purchases over a certain dollar amount and includes manufactured goods and other products. The key provision of the BAA requires government contractors to certify that their products meet BAA’s conditions, and they must present accurate information about the origin of materials.

The False Claims Act, originally dates to back to 1863 and through several amendments, makes possible for whistleblowers, known as “relators,” to file qui tam lawsuits on behalf of the government and share in any recovered funds. The FCA imposes liability for government contractors that knowingly submit false claims for payment to the government. 

The relationship between the Buy American Act and the False Claims Act lies in the compliance with the federal procurement regulations. The BAA’s preference for domestic goods can be weakened by fraudulent actions, such as government contractors misrepresenting the origin of materials to secure government contracts. When such fraud occurs, the FCA can be used to prosecute those responsible.

The Role of Whistleblowers

Whistleblowers play a crucial role in uncovering and addressing fraud related to the violation of the President’s tariffs and the BAA. Under the FCA’s qui tam provisions, a whistleblower can file a lawsuit on behalf of the government to expose fraudulent activities. The whistleblower, or relator, may be entitled to a share of the recovered funds as an incentive for their participation in the enforcement process.

At Keller Grover, we help whistleblowers expose fraud on the government and make sure public and private money gets to its intended beneficiaries. Through our confidential, free consultations, we advise potential whistleblowers about the best path forward from the very beginning. Our deep thirty-plus-year experience litigating both fraud and employment law uniquely equips us to represent whistleblowers.

 

Jeffrey Wigand was a vice president of research and development at the nation’s third-largest cigarette company, Brown and Williamson, which by the mid-1990s was selling more than 90 billion cigarettes a year via brands such as Kool and Viceroy.

But something didn’t sit right with him.

Wigand realized tobacco companies were purposely obscuring the truth about cigarettes, as well as engineering them to be more addictive and refusing to eliminate carcinogens. The economics were too tantalizing.

Wigand became the highest-ranking former tobacco executive to speak out against the industry. He offered testimony that helped secure a historic multibillion-dollar settlement , aided the Department of Justice’s RICO litigation against the industry, and secretly shared his insights about industry practices with the FDA. In a 1996 interview on 60 Minutes , he told the nation. The ripple effects of his courageous acts continue to this day in the decreased profits to the entire industry and mandatory warnings about addiction and cancer risk on labels for tobacco products.

Insiders have long played a vital role in righting wrongs. Confidential witnesses help prosecutors put violent criminals behind bars. Likewise, whistleblowers — who may be able to remain anonymous in some instances — help the government stop white-collar crimes, such as stealing taxpayer funds or putting the public at risk. While white-collar crimes may seem more abstract than a drug deal or violent crime, they can be devastating on a massive scale — as in the case of the tobacco industry.

Think of Karen Silkwood , who suspected health and safety violations that exposed workers to radiation poisoning, or Mark Whitacre, who told the government about a price-fixing scheme by executives at international food processing giant Archer Daniels Midland.

The U.S. government has doubled down on the vital role of these informants through federal whistleblower programs such as the False Claims Act, the SEC Whistleblower Program, the CFTC Whistleblower Program, the IRS Whistleblower Program, the NHTSA Whistleblower Program, the AML Whistleblower Program, and now a DOJ pilot whistleblower program for corporate crime .

This may sound like just a handful of one-off programs targeting specific legal violations, but they’re linked by a consistent theme — and a recognition that whistleblowers should be rewarded. (Just a few months ago, the SEC awarded three joint whistleblowers $12 million, and that’s just one of many awards last year.)

“The common thread is a complex scheme to skirt a legal requirement with massive amounts of money at stake; and it often takes place in corporate offices,” said Kate Scanlan , an experienced whistleblower lawyer and a founding attorney at Keller Grover. “It takes someone on the inside to help show the government how those kinds of legal violations are happening. The government has recognized that incentivizing corporate insiders to come forward offsets the tremendous risk these people take, and it’s a small price to pay for the invaluable information they provide the government about wrongdoing.” ​

The expansion of whistleblower programs — which can be traced back to the first Congress of the United States — demonstrates how much of a difference they continue to make in upholding the laws of the United States. During the past two decades in particular, the federal government has steadily introduced new programs to empower these courageous individuals to expose an expanding list of legal violations.

Our laws can seem intimidating and complex, but there really are no limits on how whistleblowers can help expose when they are violated — especially when guided by an advocate intimately familiar with whistleblower laws, Scanlan said.

“Whistleblowers have information that can help the government in virtually every government task force or priority,” she said. “The only people who don’t like whistleblowers are the people meeting in secret to fix prices across an industry, defraud the government, or otherwise work around our laws. We should all welcome whistleblowers to assist the government in exposing more violations of federal laws.”

If you are an insider with unique information about fraudulent activity, contact Keller Grover for a free and confidential consultation . Our experienced whistleblower attorneys can answer questions and work with you to develop prudent next steps. Whistleblowers who help expose fraud using established whistleblower programs may be eligible for an award.