United States: Whistleblowing

FinCEN’s March 30, 2026, Notice of Proposed Rulemaking (NPRM) marks a major step toward fully operationalizing the agency’s whistleblower program, designed to incentivize reporting of Bank Secrecy Act (BSA), sanctions, IEEPA, and other illicit finance violations.

On April 1, 2026, the Financial Crimes Enforcement Network (“FinCEN”) issued a Notice of Proposed Rulemaking (“NPRM”) to establish a formal whistleblower program under the Bank Secrecy Act (“BSA”). While much of the discussion has focused on what the proposed rule will do, the more fundamental question is why such a rule became necessary.

A recent Ninth Circuit decision highlights how private whistleblowers can drive significant False Claims Act litigation and settlements even when the federal government declines to intervene or actively seeks dismissal. The case examines the boundaries of attorney fee enhancements in FCA cases, particularly when counsel achieves unprecedented results without government support.

Welcome to the March 2026 edition of BCLP’s UK HR Two‑Minute Monthly – your quick, practical roundup of the latest UK employment law cases, HR developments and legislative news.

On March 10, 2026, DOJ released its first department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy for corporate criminal matters.

On March 26, 2026, President Trump issued an Executive Order, Addressing DEI Discrimination by Federal Contractors (the “EO”), directing federal agencies to incorporate...

On January 16th, the Department of Justice ("DOJ") released the False Claims Act report for the 2025 fiscal year.

Companies today face a critical crossroads when internal whistleblowers report potential misconduct. The Department of Justice's revised enforcement policies have created powerful...

Once again individual employee whistleblowers had an active year pursuing issues for the government under the False Claims Act (FCA). In 2025, FCA recoveries reached their highest mark ever at over $6.8 billion.