
Drop a Dime, Get a Dollar: DOJ's Antitrust Division and U.S. Postal Service Unveil Whistleblower Program
In Short
The Development: On July 8, 2025, the Department of Justice ("DOJ") and the U.S. Postal Service ("USPS") announced a Whistleblower Rewards Program that will provide financial incentives to individuals who report antitrust crimes and related offenses.
The Result: The program increases the risk of detection and may change the calculus of whether a company decides to self-report conduct.
Looking Ahead: The Whistleblower Rewards Program shifts the risk landscape for companies by increasing the likelihood of detection and external reporting of antitrust and related violations. This change necessitates a reassessment of self-reporting strategies and a renewed focus on the effectiveness and responsiveness of compliance programs to ensure that potential issues are identified and addressed before they escalate to external authorities.
Overview
On July 8, 2025, the DOJ, in partnership with the USPS, launched a Whistleblower Rewards Program. For the first time, the DOJ will offer financial incentives to individuals who report antitrust crimes and related offenses.
Individual whistleblowers are eligible for a reward if their information leads to a criminal conviction and fine of at least $1 million, or an equivalent recovery from a deferred prosecution or non-prosecution agreement. The reward is set at a minimum of 15% and a maximum of 30% of the recovered criminal fine or penalty. If multiple whistleblowers are involved, the total shared award will not exceed 30%.
Although the program focuses on crimes affecting the USPS, its revenues, or its property, its application is not limited to postal operations. It targets crimes and related offenses that undermine or distort the competitive process in any industry where the USPS is involved. This means collusive behavior that affects the USPS—no matter the industry—can trigger whistleblower eligibility and enforcement action.
How the Program Works
Step #1: A whistleblower provides information to the DOJ.
Step #2: DOJ determines whether the reported information qualifies as a whistleblower report.
Step #3: DOJ shares the information with USPS, which will assess whether the allegations "reasonably articulate violations of law affecting the Postal Service."
Step #4: Upon receiving a positive determination from USPS, DOJ will reflect in its records that the whistleblower report is potentially eligible for a reward depending on the results of the subsequent investigation.
Key Features of the Program
Whistleblower Eligibility and Exclusions. Eligible whistleblowers are individuals who voluntarily provide original, specific, and credible information not already known to the authorities.
A whistleblower's information is still considered "original" if they first report it internally to the company and the company subsequently discloses it to DOJ, provided the whistleblower also reports the information to the DOJ within 120 days of the initial disclosure (or by his or her termination date if related to the disclosure). This ensures the whistleblower remains eligible, even if the company reports first.
Information is not considered original if obtained through a communication that was subject to the attorney–client privilege, unless disclosure of that information would be permitted by an attorney pursuant to the crime-fraud or other exceptions under the applicable state attorney conduct rules.
Exclusions also apply to those who: (i) coerced others to participate in the illegal activity; (ii) were clearly a leader or originator of the activity; or (iii) are or were, at the time they acquired the information, an employee or contractor or family/household member of the DOJ or USPS.
Eligible Criminal Violations. The program covers a broad range of federal criminal violations, including:
- Criminal violations of the Sherman Antitrust Act (15 U.S.C. §§ 1–3), such as price fixing, bid rigging, and market allocation as well as monopolization;
- Federal criminal violations that effectuate, facilitate, or conceal antitrust violations;
- Violations targeting or affecting federal, state, or local public procurement; and
- Violations impacting the conduct of federal competition investigations or proceedings.
Award Determination Criteria. The DOJ considers several factors in determining the appropriate award. These include how useful and reliable the whistleblower's information was; whether it led to a conviction, saved resources, or recovered assets; the whistleblower's cooperation and any hardship faced; their own role in the conduct; and any other rewards they received.
Three Key Takeaways
- Increased Risk of Detection and Reporting: The Whistleblower Rewards Program heightens the risk that antitrust violations and related federal crimes that affect USPS will be detected and reported. As a result, companies face a greater likelihood that misconduct will be brought to the attention of authorities, even if internal controls or management are unaware.
- Impact on Self-Reporting and Leniency Decisions: The threat of a whistleblower beating the company to authorities can cost the company access to leniency or reduced penalties, making prompt internal detection and voluntary self-reporting more critical than ever.
- Strategic Considerations for Risk Management: Companies should strengthen compliance programs, conduct regular audits, and plan for whistleblower scenarios to reduce legal, financial, and reputational risks in an enforcement environment designed to encourage early reporting.