Current through Register Vol. 41, No. 3, September 23, 2024
A. Within 10 working days, excluding state
holidays and weekends, of the closing of a WBPA Program investigation that
verifies a final recovery and deposit in the fund of $5,000 or more, the State
Inspector General will review and certify the fund claim. Within five working
days after the State Inspector General's verification, the whistle blower will
be notified of the award amount he is eligible to receive. Upon approval of the
fund claim, the State Inspector General will submit a written request to the
State Comptroller to make a reward payment from the fund to the whistle
blower.
B. The State Treasurer will
make reward payments from the fund based on a warrant issued by the State
Comptroller and a written request signed by the State Inspector
General.
C. Award amounts.
1. The amount of the fund reward shall be up
to 10% of the actual sums recovered by the Commonwealth as a result of the
disclosure of the wrongdoing or abuse.
2. OSIG will consider many factors in
determining the amount of an award based on the unique facts and circumstances
of each case. OSIG may increase the award percentage up to the maximum allowed
based on the following factors:
(i) the
significance of the information provided to OSIG to the success of any
proceeding brought against wrongdoers;
(ii) the extent of the assistance provided to
OSIG in its investigation and any resulting findings;
(iii) OSIG's law-enforcement interest in
deterring violations of the applicable laws by making awards to whistle blowers
who provide information that leads to the successful enforcement of these laws;
and
(iv) whether and the extent to
which the whistle blower participated in his agency's internal compliance
systems, such as, for example, reporting the possible violations through
internal whistle blower, legal, or compliance procedures, before or at the same
time the possible violations were reported to OSIG.
3. OSIG may reduce the amount of an award
based on the following:
(i) if the whistle
blower was a participant in or culpable for the violations reported;
(ii) if the whistle blower unreasonably
delayed reporting the violations to OSIG; and
(iii) if the whistle blower interfered with
his agency's internal compliance and reporting systems, such as, for example,
making false statements to the compliance department that hindered its efforts
to investigate possible wrongdoing or abuse.
4. The amount of the reward will not exceed
the balance of the fund, regardless of the sums recovered.
5. In the event that multiple whistle blowers
have simultaneously reported the same fund-eligible occurrence of wrongdoing or
abuse, the fund moneys may be split up to 10% among the whistle blowers at the
State Inspector General's discretion. The State Inspector General's decision
regarding the allocation of fund moneys is final and binding upon all parties
and cannot be appealed.
6. The
request for payment will include the name and address of the whistle blower and
the payment amount. OSIG will provide documentation supporting the amount of
the payment to the State Comptroller.
7. Once approved, the State Comptroller shall
forward the request to Finance and Administration of the Department of Accounts
(DOA) with a request that Finance and Administration process the payment to the
whistle blower.
8. DOA will ensure
the amount of the fund reward is properly included in the whistle blower's
federal and state tax records (i.e., W-2 for employees; 1099 for Commonwealth
citizens).
9. OSIG will confirm
that DOA processes the fund request and that the reward payment is made to the
whistle blower for the amount approved by the State Inspector
General.
D. Five percent
of all sums recovered on behalf of the Commonwealth will be retained in the
fund to support the administration of the fund, defray advertising costs, and
subsidize the operation of the hotline. Expenditures for administrative costs
for management of the fund will be approved by the State Inspector
General.
Statutory Authority: §
2.2-3014
of the Code of Virginia.
