Note: This is my opinion only, based on current law as I read it. I am not a lawyer and cannot provide legal advice. This is for informational and discussion purposes.
If a whistleblower remains anonymous, it is hard for anyone to retaliate. There are protections in place for anonymous whistleblowers at the federal level. So the best way to prevent personal retaliation is for a company or overseeing entity to not know who you are. This is the most effective strategy.
The United States has strong legal protections for whistleblowers who want to shield their identities and be confidential informants.
The best way to protect confidentiality is to file a whistleblower claim under a law that provides for strict protection.
Some of the most important laws relating to anonymous whistleblowers are as follows:
- Dodd-Frank Act — Covers securities fraud, commodity fraud, bribery under the Foreign Corrupt Practices Act. By law the SEC and Commodity Futures Trading Commission must maintain the confidentiality of whistleblowers who request it. Also, these laws permit anonymous filings.
- IRS tax whistleblower law — Covers tax frauds, tax underpayments, money laundering; the IRS does not permit anonymous filings. However, the IRS must protect the confidentiality of whistleblowers. Thus, this program has an excellent reputation for protecting the confidentiality of whistleblowers.
- False Claims Act — permits a whistleblower to file an original complaint without revealing their identity. However, after the government concludes its investigation, in most cases, the complaint is made public.
- Inspector General Act — Federal employees can follow rules for confidentiality under this act.
- Disclosing the identity of a whistleblower or confidential informant could constitute an obstruction of justice. | 18 U.S.C. § 1513(e).
- Courts have found that breaching an employee’s right to confidentiality can constitute an adverse action. This is punishable under current law.
