International whistleblowers are eligible for US whistleblower protections and rewards
The US whistleblower lawyers at Phillips & Cohen work regularly with whistleblowers from around the world. Whistleblowers from any country – Britain, Canada, India, China, and elsewhere – can participate in any of the four US whistleblower reward programs: the False Claims Act (qui tam), the SEC Whistleblower Program, the CFTC Whistleblower Program, and the IRS Whistleblower Program.
You do not need to be a US resident or citizen to participate in the SEC, CFTC, FCA, or IRS whistleblower programs and receive rewards for information about matters where the US has jurisdiction. UK whistleblowers and those in China, Canada, India, and Australia have been the top sources of information provided to the SEC Whistleblower Office.
Phillips & Cohen has offices in London, New York, Washington, DC, Miami, and San Francisco that serve whistleblowers from around the world, including those aware of Foreign Corrupt Practices Act violations. If you think you have a potential claim, please contact us now for a free, confidential case review.
Overview of US whistleblower reward programs for international whistleblowers
International whistleblowers can qualify for financial rewards under four major US programs, even if they are not US citizens. Eligibility typically depends on whether the misconduct is connected to the United States, for example, by affecting US markets, investors, taxpayers, or government programs.
1. False Claims Act (FCA) whistleblower program
The False Claims Act allows international whistleblowers to report fraud involving US government funds or contracts.
Common violations include:
- Defense contractor fraud involving overseas operations
- Healthcare or pharmaceutical fraud tied to US programs
- Customs fraud and tariff evasion affecting US imports
- Misuse of US foreign aid or government funding
The False Claims Act is among the most widely used by international whistleblowers because it applies to conduct that affects US taxpayer dollars.
2. SEC whistleblower program (Securities and Exchange Commission)
International whistleblowers can report violations involving companies publicly traded in the US or affecting US investors.
Common violations include:
- Accounting fraud and financial misstatements
- Foreign Corrupt Practices Act (FCPA) violations, including bribery of foreign officials
- Insider trading and market manipulation
- Disclosure failures by multinational corporations
The SEC whistleblower program is frequently used in cross-border cases involving global financial markets.
3. CFTC whistleblower program (Commodity Futures Trading Commission)
The CFTC program focuses on misconduct in global derivatives, commodities, and futures markets.
Common violations include:
- Market manipulation in commodities or futures trading
- Spoofing and abusive trading practices
- Fraud involving cryptocurrency derivatives or swaps
- Cross-border trading schemes affecting US markets
International whistleblowers often use the CFTC whistleblower program when misconduct involves complex financial instruments traded across jurisdictions.
4. IRS whistleblower program
International whistleblowers can report large-scale tax fraud involving US tax obligations through the IRS whistleblower program.
Common violations include:
- Offshore tax evasion and hidden foreign accounts
- Abuse of tax shelters involving multinational entities
- Underreporting of income tied to US tax liability
- Transfer pricing schemes designed to avoid US taxes
The IRS whistleblower program is particularly relevant for cases involving global corporations or individuals with US tax exposure.
Rewards and confidentiality for international whistleblowers
The SEC and CFTC will reward whistleblowers 10 percent to 30 percent of the amount that all government enforcement agencies recover, if the amount recovered based on a whistleblower’s information exceeds $1 million.
Both the SEC and CFTC promise confidentiality to whistleblowers. We understand that being an international whistleblower can pose particularly challenging issues. We are adept at handling whistleblowers’ concerns and strictly protect our clients’ identities and information. We are available to answer any questions you have or to discuss your case. To get started, contact us for a free, confidential case review.
International whistleblower success
Phillips & Cohen has had the greatest success of any law firm representing international whistleblowers. One of our clients received the largest SEC whistleblower reward ever paid to an international whistleblower – more than $32 million – for his assistance to the SEC and our work with enforcement officials to stop a massive securities fraud.
- Partner Erika Kelton landed what are likely the two largest SEC whistleblower awards issued to international whistleblowers: a $37 million reward in 2022 and a $32 million SEC whistleblower award.
- Another partner, Sean McKessy, is an experienced SEC whistleblower attorney, as the first Chief of the SEC’s Office of the Whistleblower Program. Not only did he start the program and help shape it into what it is today, but Mr. McKessy also advised other governments on implementing their own whistleblower programs.
We also represented three other SEC whistleblowers who received SEC rewards, including one who received more than $3 million.
Phillips & Cohen’s US whistleblower lawyers have strong working relationships with SEC and CFTC enforcement officials. We also have experience working with officials in other countries on cross-jurisdictional matters. For instance, our attorneys have worked on many UK whistleblower matters involving both UK and US regulators and have established close working relationships.
Whistleblower advocacy in Britain and internationally
Other countries have weak or no laws to protect or reward whistleblowers. Phillips & Cohen actively seeks ways to help those who want to report wrongdoing and blow the whistle in the UK and other countries in addition to the US.
In recognition of Phillips & Cohen’s success and experience, the UK Parliamentary Commission on Banking Standards requested and quoted the written testimony of Phillips & Cohen partner Erika A. Kelton about the need for a UK law that rewards whistleblowers in a major report on ways Britain could improve corporate governance and the culture of the banking sector following the Libor scandal and other major problems with banks (Section 801).
Ms. Kelton also submitted comprehensive comments to the European Commission as part of its examination of the need for whistleblower protections in the European Union. The EU would benefit by creating whistleblower reward programs modeled after the highly successful programs in the US, she argued.
Take the Next Step as an International Whistleblower
International whistleblowers often have questions about eligibility, confidentiality, and how US reward programs apply to conduct outside the United States. While each case depends on specific facts and the connection to US laws and markets, understanding the basics can help you take the right next step. For answers to common questions, including who qualifies and how claims are handled, review our International Whistleblower FAQs. If you believe you have information about fraud, the most effective way to protect your rights and maximize a potential award is to speak confidentially with an experienced whistleblower attorney at Phillips & Cohen.
Phillips & Cohen whistleblower recognition around the world
Many well-respected international media outlets have published writings by Phillips & Cohen’s lawyers in support of whistleblowers. Some examples include:
- “UK needs to change its whistleblower culture and assist people brave enough to report wrongdoing,” by Erika Kelton, Belfast Telegraph
- “Sepp Blatter is wrong. Whistleblowers are courageous and deserve our support,” by Erika Kelton, The Guardian
- “Australia needs incentives for whistleblowers,” by Sean McKessy, Financial Review (Australia)
- “LuxLeaks highlights need for whistleblower protection and incentives,”Euractiv (Europe).
- “Opinion: Quebec’s AMF should offer rewards to whistleblowers,” by Stephen S. Hasegawa, Montreal Gazette.
- “Rewarding Whistleblowers,” The Economist.
- “UK clients can benefit from US whistleblower law,” by Erika Kelton, ela Briefing (UK Employment Lawyers Association).
- “CEOs would pay attention to bonus clawbacks,” The Financial Times.
- “Most whistleblowers have ‘clean hands,” The Financial Times.
In addition, journalists from around the world call Phillips & Cohen attorneys for insight on the SEC whistleblower program and other international whistleblower issues:
- “Why Whistleblowers Get Paid in the US but Not in Britain,” Bloomberg.
- “How do you make millions by doing good? Become a whistleblower,” The Guardian (UK).
- “My legal life: Erika Kelton,” Law Society Gazette (UK).
- “Whistle-blowers Should Be Rewarded, Says US Lawyer” (“Delatores devem ser premiados, afirma norte-americana”), Folha De S. Paulo (Brazil).
- “These whistleblowers earn millions” (“Ces lanceurs d’alerte qui gagnet des millions”), Le Journal du Dimanche (France).
- “Who Would Be a Whistleblower?” The Independent (UK).
- “When reporting wrongdoing makes you rich” (“Wenn Verpfeifen reich macht”) Frankfurter Allgemeine Zeitung (Germany).
For additional information about how the Dodd-Frank programs work, see our frequently asked questions page for international whistleblowers and our pages about the Dodd-Frank whistleblower programs at the SEC and CFTC.