Global U.S. Whistleblower Programs Available to Indians

There are a couple of whistleblower programs in the United States of America concerning defrauding the government and corporate wrongdoings that can be accessed by individuals from India. Whistleblowers typically get rewards worth 10-30 percent of the government recoveries in most global U.S. whistleblower cases. An illustrative list of the American statutory framework that a whistleblower can access while trying to expose wrongdoings in India or by companies with links to India include the:

False Claims Act

Foreign Corrupt Practices Act under the Dodd-Frank Whistleblower Program of the Dodd-Frank Wall Street Reform and Consumer Protection Act and under the Department of Justice Whistleblower Program

Securities and Exchange Commission Whistleblower Program under the Dodd-Frank Wall Street Reform and Consumer Protection Act

Anti-Money Laundering Whistleblower Program

International Wrongdoing that is covered by US Whistleblower statutes

Typically, U.S. whistleblower statutes cover international wrongdoing including wrongdoing in India or in the know of an Indian resident as long as the errant company:

is traded on the U.S. stock exchange – includes an American company with operations in India, a foreign company listed on the U.S. stock exchange, or an Indian company listed on the U.S. stock exchanges; or

does business in the U.S. (even if not listed on a U.S. stock exchange); or

is traded through over the counter (OTC) securities in the U.S.; or

has government contracts

Additionally, Under the anti-money laundering whistleblower program, as long as a company is directly or indirectly doing business with a sanctioned country or a sanctioned entity it can come within the fold of the law and does not even have to be a U.S. Company.

Examples of Potential International Whistleblowing in the Indian Context

Indian Subsidiary, agent, contractor of a company linked to the U.S. or affiliate paying bribes or kickbacks in any form to obtain benefits from the Indian Government or a Indian Government agency.

Knowledge of a company doing business with a sanctioned entity or entities from a sanctioned country or knowledge of Systemic and recurring noncompliance with basic international economic sanctions rules and requirements

Illegal Activity by U.S. listed companies known by an employee resident in India or working out of the Indian branch of the company.

Information known to an Indian resident about Manipulation of information given to investors and shareholders by companies listed in the U.S.

Accounting fraud done by a company listed in the U.S., company doing business with foreign companies or foreign governments, Indian subsidiary of a foreign company.

Violation of FCPA by a company that bribes Indian Government Officials from money raised through Investors in the U.S. through the Stock Market or Over-The-Counter securities

Indian entity violating sanctions by the U.S., U.K., E.U. and others like Australia, Canada and Japan against Russia by finding ways of getting Russian money/cryptocurrency/goods/gold/diamond from Russia and into the economies of these countries.

Known violation of Indian Laws by U.S. listed companies, such as violation of Bonded Labour Abolition Act or Child Labour Prohibition Acts and intentional non-disclosure or misrepresentation to investors.

Illegal Activity by non-U.S. companies doing business with India and U.S.

Information known to an Indian resident about misrepresentation to the U.S. Government or violation of U.S. laws by a company doing business with the U.S. for example manipulation of invoices by an Indian exporter to the U.S.

Misappropriation of US Government Funds such as U.S. aid, grants or investments.

Global U.S. Whistleblower Programs Available to Indians

International Wrongdoing that is covered by US Whistleblower statutes

Examples of Potential International Whistleblowing in the Indian Context

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