If you have information about procurement fraud, providing this information to the federal government could lead to the recovery of taxpayer funds and put a stop to any ongoing fraud. It could also entitle you to a financial reward. In addition to providing strong protections to procurement fraud whistleblowers, the False Claims Act entitles whistleblowers to financial compensation when the information they provide leads to a successful enforcement action.
Whether you are interested in seeking a financial reward or you are solely focused on ensuring integrity and accountability within the federal procurement process, if you have information about procurement fraud, it will be important to make informed decisions about your next steps. While protections and financial incentives are available, whistleblowers who wish to expose procurement fraud must meet various substantive and procedural requirements, and they must come forward before someone else beats them to it.
“Federal procurement fraud is a pervasive issue, and whistleblowers play a critical role in the government’s fight against fraudulent bidding, contracting, and billing practices. For those who are thinking about serving as procurement fraud whistleblowers, understanding the federal whistleblowing process is critical for making informed decisions about their next steps.” – Dr. Nick Oberheiden, Founding Attorney of Oberheiden P.C.
So, what do you need to know if you are thinking about reporting procurement fraud to the federal government? Here are 10 important insights for whistleblowers in 2025:
1. Suspecting Procurement Fraud and Being Able to Prove Procurement Fraud Are Not the Same
Filing a whistleblower complaint for procurement fraud requires more than just suspicion of wrongdoing. To qualify as a federal whistleblower—and to become eligible for the protections and financial compensation that are available—you must be able to help the federal government prove that a contractor or subcontractor has violated the law, whether through false statements, bid rigging, overbilling, or other fraudulent actions.
As a result, if you just have general concerns about procurement fraud, these concerns—on their own—will generally be insufficient to substantiate a procurement fraud whistleblower complaint. However, if you have inside information about a specific form of procurement fraud, then this is a scenario in which filing a whistleblower complaint may be warranted.
2. You Don’t Need Conclusive Proof to Serve as a Procurement Fraud Whistleblower
To be clear, however, filing a whistleblower complaint does not require conclusive proof of government procurement fraud. Instead, to file a whistleblower complaint under the False Claims Act in federal court, you must be able to make allegations that “have evidentiary support or, if specifically so identified, will likely have evidentiary support after a reasonable opportunity for further investigation.” As a result, you do not need any specific type or volume of evidence to serve as a procurement fraud whistleblower. If you have reason to believe that government contract fraud has been committed (or is in the process of being committed), this is generally all that is required.
With that said, the more evidence you have, the better—and you will want to work closely with an experienced procurement fraud whistleblower lawyer to determine whether you can meet the federal pleading requirements. If you need additional information, your lawyer can advise you regarding the information needed and how to collect it, as discussed in greater detail below.
3. You Must Be the First to Come Forward with Material Non-Public Information
Another requirement for serving as a procurement fraud whistleblower is that you must be privy to non-public information. In most cases, you also need to be the first to share this information with the federal government, though certain exceptions may apply.
With this in mind, while it is important to make an informed decision about whether to file a procurement fraud whistleblower complaint under the False Claims Act, it is also important to act promptly. A lawyer who has experience representing federal whistleblowers should understand that time is of the essence and should be able to assist you with making an informed decision as efficiently as possible.
4. While You Should Protect Any Evidence You Have, You Should Be Cautious About Collecting Additional Evidence
If you have collected or copied any evidence from your employer’s facilities or computer systems, you should protect this evidence to the best of your ability. Keep any hardcopy documents in a secure location and keep any electronic files on a secure storage device (and not in the cloud). This is important for your protection and for helping to ensure that you remain eligible to secure federal whistleblower status.
At the same time, if you are aware of additional evidence that you have not yet collected, you will need to be cautious about collecting this additional evidence. Even when you are taking steps to expose fraud, it is important to avoid violating employment policies or non-disclosure obligations--as doing so could put you at risk. While there are rules on when employers can (and can’t) enforce these types of restrictions to prevent whistleblowing, here too, you need to ensure that you are making informed decisions. An experienced procurement fraud whistleblower lawyer will be able to help.
5. If You Come Forward with Qualifying Information, the Government Will Have a Duty to Investigate Further
A key aspect of the procurement fraud whistleblower process is that the government has a duty to investigate allegations that warrant further inquiry. This is due, in part, to the nature of the qui tam procedures under the False Claims Act. The government isn’t necessarily required to pursue an enforcement action—this decision will be based on the outcome of its investigation—but it is generally required to determine if enforcement action is warranted.
With that said, not all substantiated allegations of government procurement fraud will necessarily warrant a federal investigation. If the amount at issue is small, the U.S. Department of Justice (DOJ) may be justified in deciding not to devote federal resources to a full-blown federal inquiry. A whistleblower lawyer who has significant experience in qui tam cases will be able to assess whether the DOJ is likely to determine that your allegations warrant an investigation.
6. Federal Authorities Will Expect to Be Able to Work With You During Their Procurement Fraud Investigation
If you file a procurement fraud whistleblower complaint and the government decides to open an investigation, you will be expected to work with the government during the investigative process. Whether, and to what extent, you remain involved is up to you--but it is important to understand that federal agents and prosecutors will be expecting you to assist to the extent that you can. Your lawyer can advise you here as well, and can communicate with federal authorities on your behalf if you so desire.
7. Procurement Fraud Whistleblowers Are Entitled to Protection Against Retaliation and May Be Entitled to Financial Rewards
If you qualify as a procurement fraud whistleblower under the False Claims Act, you will be entitled to protection against retaliation in your employment (if you are currently employed by the contractor or subcontractor that you are accusing of fraud). Your employer will be prohibited from taking adverse employment action against you based on your decision to blow the whistle; and, if it retaliates against you illegally, you will be entitled to clear remedies under federal law.
If the information you provide leads to a successful enforcement action, you may also be entitled to a financial reward. Subject to certain stipulations, under the False Claims Act, whistleblowers who help the government recover losses from procurement fraud are entitled to between 10% and 30% of the amount recovered.
8. Hiring an Experienced Whistleblower Lawyer is Important, and You Can Do So at No Out-of-Pocket Cost
While filing a procurement fraud whistleblower complaint is a complex process, you do not have to go through the process on your own. You can—and should—hire an experienced whistleblower lawyer to represent you at no out-of-pocket cost. An experienced lawyer will be able to advise you of your options every step of the way, answer all of your questions, and interface with the federal government on your behalf.
9. There Are Several Reasons to Consider Blowing the Whistle on Procurement Fraud
If you have information about government procurement fraud, there are several reasons to consider coming forward. While the prospect of a financial reward is appealing to many, blowing the whistle is also simply the right thing to do. Contractors that engage in procurement fraud deserve to be held accountable, and helping federal and state governments recover taxpayer funds—while also helping to mitigate the risk of future losses—is beneficial for everyone.
10. It Is Up to You to Decide Whether to Blow the Whistle on Procurement Fraud
Ultimately, however, whether you decide to serve as a procurement fraud whistleblower is up to you. While an experienced whistleblower lawyer will help you make sound decisions, your lawyer should not pressure you into coming forward. It is a big decision to make, and it is one that you need to make based on what you believe is the right thing to do under the circumstances at hand.
As we mentioned above, however, time can be of the essence in this scenario. With this in mind, if you believe that you may have inside information, you should not wait to report fraud to the government. Your first step is to schedule a free and confidential consultation with an experienced procurement fraud whistleblower lawyer—and this is a step that you should take as soon as possible.