DOJ’s New Corporate Whistleblower Program – What You Need to Know

DOJ’s New Corporate Whistleblower Program – What You Need to Know

The U.S. Department of Justice (DOJ) started a new corporate whistleblower test program on August 1, 2024. The goal of the program is to make businesses more open and responsible. This program is meant to get people to report wrongdoing at work by giving them money if they do. People who give information can then lose a lot of money and be successfully prosecuted.

The Money Laundering and Asset Recovery Section of the DOJ is in charge of the program, which will last for three years. If it works, the DOJ may make changes or add to it. The main goal of the program is to improve white-collar crime prosecution by filling in gaps in present whistleblower systems. Companies need to be aware of this new development and make sure that their investigations at work follow the new rules.

How the Corporate Whistleblower Program Works?

The DOJ’s corporate whistleblower program provides whistleblowers with an opportunity to earn monetary rewards for information that leads to criminal or civil enforcement actions. The program covers cases where a whistleblower’s tip results in forfeitures exceeding $1,000,000. The potential awards are substantial, offering up to 30% of the first $100 million in penalties collected and 5% of additional penalties, up to $500 million.

This financial incentive could increase whistleblower complaints being made directly to the DOJ or through internal company channels. Companies receiving such complaints should act quickly. They have 120 days to self-report any issues brought up by internal whistleblowers to remain eligible for more favorable treatment, such as a potential declination of prosecution.

Lauth Investigations International: Ensuring Compliance and Effective Investigations

Partnering with Lauth Investigations International can help companies meet the strict federal, state, and local regulations governing workplace investigations. Lauth Investigations is known for its expertise in investigating issues like whistleblower protection, threat & violence, and other sensitive workplace matters. By leveraging their services, companies can ensure they remain fully compliant with Equal Employment Opportunity (EEO) laws and other relevant regulations.

With Lauth Investigations on your side, companies can implement thorough workplace investigations that protect the rights of employees while safeguarding the company from potential legal risks. Their expertise in handling investigations related to whistleblower protection helps ensure that any reports of misconduct are addressed quickly and effectively, providing peace of mind for both employees and employers.

Why Companies Need a Strong Whistleblower Program?

The DOJ’s new corporate whistleblower program adds more pressure on companies to have a solid whistleblower policy in place. A well-structured program allows employees to report misconduct anonymously, providing a safe and non-retaliatory environment. To comply with DOJ guidance, organizations must focus on four key areas:

  1. Effective Reporting Mechanisms: Employees should be able to report anonymously or confidentially without fear of retaliation.
  2. Properly Scoped Investigations: Investigations should be conducted by qualified professionals to ensure fairness and thoroughness.
  3. Investigation Response: Organizations must act swiftly after receiving complaints and take appropriate corrective measures.
  4. Resource Allocation: Companies should allocate adequate resources for investigating complaints and tracking the outcomes to ensure no issues are overlooked.

Enhancing Whistleblower Programs with Lauth Investigations

To comply with the DOJ’s new whistleblower program, companies need to enhance their current whistleblower policies. This involves setting up reporting mechanisms, such as hotlines, and training employees on how to use them. By partnering with Lauth Investigations International, companies can ensure their whistleblower programs are compliant and effective.

Lauth Investigations helps companies develop whistleblower programs that include clear policies on whistleblower protection and ensure employees know how to report misconduct safely. They also assist in creating a company culture that encourages transparency and supports employees who come forward with important information.

The DOJ’s new corporate whistleblower pilot program marks a significant step in encouraging transparency and accountability within corporate America. As the government continues to provide financial rewards to whistleblowers, companies must be prepared to handle an increase in workplace investigations. Failure to address whistleblower complaints adequately could lead to legal challenges and damage to a company’s reputation.

By partnering with Lauth Investigations International, companies can ensure they comply with the new DOJ program, protect their employees, and uphold a culture of integrity. Lauth Investigations offers comprehensive investigation services to address whistleblower complaints, ensuring companies meet all federal and local requirements. For more information on how Lauth Investigations can help your company, visit Lauth Investigations.

Fishbowl Investigations: Conducting Visible Internal Investigations

Fishbowl Investigations: Conducting Visible Internal Investigations

Corporations that have seen a decline in their corporate culture are turning to internal investigation and risk assessment firms for help in 2020. The discourse around corporate culture has evolved significantly over the last few years, with employees voicing their desire for work-life balance and how corporate culture directly impacts their decision to stay with a company. Leadership is better-educating themselves on how their actions feed into the cycle of corporate culture, and how they can improve employee retention by making meaningful changes that grease the wheels of success in their business or organization. However, many corporations have their anxieties about conducting internal investigations in a fishbowl—where employees are able to see the methodology in motion—and how this will impact their workforce and their business.

Corporations can find themselves open to scrutiny from both their employees and their customer-base when they announce an impending internal investigation. Some corporations, for a myriad of reasons, opt to have internal investigations under a cloak of classification in order to protect the integrity of the investigation—however, in the interest of transparency, many corporations opt for a visible investigation, warning employees, shareholders, customers, or all of the above, of an impending internal investigation. This means that the investigating bodies will be under a microscope of scrutiny within the corporation, as their methodology, decorum, and their practices will a source of debate around the proverbial watercooler.

Regardless of who is contracted to conduct the internal investigation, or under what level of declassification, if there is visibility of an investigation, there is a delicate balance of transparency and professionalism needed in pursuit of the truth. One of the most difficult tasks an internal investigator has at the inception of the investigation is establishing a rapport with relevant parties, such as leadership and the workforce in order to garner frankness from persons who will be crucial to the fact-finding process.

Investigators must establish credibility with the client and relevant subjects in the case. This means ensuring those individuals are aware that the investigator shares their values and is only interested in identifying problems to improve the business—not damage it—indicating a high level of accountability that will have a ripple effect throughout the corporation or organization.

In tandem with establishing credibility, investigators must be straightforward about their objectives, outlining what the client hopes to achieve and their proposed methods of reaching that goal. Investigators must never make promises they cannot keep by making declarations before they know the facts. Corporate investigators must always pursue a resolution to a business’s problem that does not impair their long-term goals—by the same token, it is imperative that the investigator informs the client that there might be some negative consequences as the result of their findings, such as turnover, further inquiries, or bad publicity.

Objectivity is key in any internal investigation. It’s one of the reasons some companies elect to have a private investigator or risk assessment firm conduct their investigation, as opposed to an in-house investigator or member of house counsel. No employee with a stake in the outcome of the investigation, even indirectly, may be 100% objective in identifying pervasive issues in an organization. In addition to that objectivity, an independent investigator—unknown to the corporation or organization—investigators can move through a workplace undetected. This will take the edge off of the “fishbowl” factor that is common with internal corporate investigations. Private investigators can adopt a persona and conduct their investigations without the eyes of concerned coworkers; interviewing employees, collecting evidence, evaluating the location, and reviewing internal communications can all be conducted in plain sight.

Internal corporate investigations with a “fishbowl” factor can be an inherent challenge for corporations. Above all, it’s important to remember that employees are your greatest asset, as they feed into a cycle of corporate culture that can successfully stimulate your business or organization. An appropriate level of trust and care must always be taken when subjecting your workforce to an internal investigation. When employees feel valued, they will become empowered and engaged to give their best to the benefit of your organization.