DOJ’s Principal Associate Deputy Attorney Highlights Success of Whistleblower Program in Recent Keynote

Principal Associate Deputy Attorney General Marshall Miller took the stage at the Practicing Law Institute’s White Collar Crime 2024 program in Washington, D.C., delivering a keynote that delved into the Department of Justice’s (DOJ) recent innovations in corporate crime enforcement. Among the most notable developments he discussed was the newly revamped DOJ whistleblower program — a game-changer in the fight against corporate wrongdoing.

For years, the DOJ has emphasized the importance of holding individuals accountable for corporate misconduct. But as corporate crime becomes more sophisticated and harder to detect, the DOJ is adapting its tools. Miller's remarks centered on the department’s efforts to not only enhance traditional enforcement practices but also ensure that those who help uncover corporate wrongdoing are appropriately rewarded.

Why the New Whistleblower Program Matters

The program introduced this year is a two-pronged approach. One path focuses on offering incentives for those who are not involved in the misconduct they’re reporting. This part of the program offers financial rewards based on the value of the tip, with whistleblowers receiving a percentage of the resulting forfeiture. It’s designed to make people think twice about staying silent — because stepping forward could lead to a significant payout if the tip results in a successful investigation.

On the other hand, for whistleblowers who were involved in the wrongdoing, the DOJ has rolled out a non-prosecution pilot. This offers a second chance to individuals who report previously undiscovered misconduct, allowing them to avoid criminal charges by coming forward and helping with the investigation.

Miller explained that this is a step toward filling gaps in the existing landscape of whistleblower programs, where certain reporting opportunities had been unclear or unavailable. The DOJ now joins the ranks of agencies like the SEC and CFTC, expanding the network of available reporting avenues and offering fresh incentives for people to act as whistleblowers.

A More Transparent & Predictable Approach

What’s truly groundbreaking about this initiative is the level of transparency and predictability it brings to the table. Miller emphasized how previous programs often left companies and potential whistleblowers in the dark about the outcomes of their actions. The new approach, however, sets clear expectations — for both companies and individuals.

As Miller put it, it’s not just about punishing wrongdoers but also about creating an environment where ethical corporate behavior is incentivized. In fact, the Department has made clear that companies can still receive credit for voluntary self-disclosure if they report misconduct to the DOJ within 120 days of receiving a whistleblower tip.

This transparency doesn’t just benefit the whistleblowers. It ensures that companies know exactly what they need to do to avoid penalties, driving up compliance and fostering an environment where corporate responsibility is the norm rather than the exception.

The Growing Success of These Programs

Miller pointed to the already promising early results of the whistleblower program. Within the first few months of its launch, the DOJ received over 250 tips, many of which have led to ongoing investigations. The combination of these tips with the increased number of voluntary self-disclosures from corporations has created a “virtuous cycle,” as Miller put it, where companies and individuals are competing to be the first to report misconduct, rather than risk facing the consequences later.

In short, the DOJ is making it clear: corporate accountability is the priority, and whistleblowers — whether involved in the misconduct or not — are a key piece of the puzzle.

These changes mark a significant shift in how corporate crime is handled, and Miller’s remarks highlight the DOJ’s continued commitment to not just punish but also incentivize compliance. By building on existing models and introducing clear guidelines, the Department is sending a message that those who help expose wrongdoing will be rewarded, and those who engage in misconduct will face significant consequences.

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