Miami Courant

Today, U.S. Attorney Markenzy Lapointe announced the launch of the Southern District of Florida's Whistleblower Non-Prosecution Pilot Program (Whistleblower Program). This initiative aims to encourage voluntary self-disclosure by individuals involved in non-violent criminal conduct related to corporations, including financial crimes, corporate crimes, health care fraud, and public corruption.

Participants who self-disclose, fully cooperate with authorities, and pay any applicable victim compensation or restitution may enter into a non-prosecution agreement (NPA) with the U.S. Attorney’s Office for the Southern District of Florida (USAO-SDFL), provided certain conditions are met. One key condition is that the government was not previously aware of the disclosed criminal conduct. The program seeks to provide transparency on when NPAs will be offered to incentivize individuals and their counsel to provide original and actionable information.

“By providing clarity on the requirements and the benefits of self-disclosure, the USAO-SDFL seeks to incentivize individuals and their counsel to provide actionable and timely information. Such disclosures will, in turn, help us continue to bring fraud, misconduct and corruption to light and better protect the diverse communities we serve,” stated U.S. Attorney Markenzy Lapointe for the Southern District of Florida. “We encourage people who qualify for the Whistleblower Program to take advantage of the opportunity to come clean, cooperate, and get on the right side of the law. Our message is clear: contact us before we contact you.”

This announcement follows Deputy Attorney General (DAG) Lisa Monaco’s remarks at the American Bar Association's 39th Annual National Institute on White Collar Crime. DAG Monaco emphasized holding individuals accountable for corporate crimes while encouraging companies and individuals to self-report misconduct through a "carrots and sticks" approach.

To support these efforts further, DAG Monaco introduced a new Justice Department Corporate Whistleblower Awards Pilot Program. This program offers rewards for those who report financial institution crimes, foreign or domestic corruption involving companies, or health care fraud schemes involving private insurance plans—provided they did not meaningfully participate in these activities.

For successful whistleblowers whose information leads to prosecutions resulting in criminal or civil forfeiture, there may be eligibility for awards based on a percentage of forfeited assets.

The USAO-SDFL remains committed to upholding justice by offering avenues for individuals aware of crimes such as fraud or public corruption to make disclosures while compensating victims through possible NPAs.

Further details about this policy can be found on the Southern District of Florida website at www.justice.gov/usao-sdfl.

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