Can CFTC whistleblowers remain anonymous?

The CFTC program permits whistleblowers to report anonymously with or without an attorney. Because the Commission may need to contact the whistleblower for additional information, it strongly encourages whistleblowers to provide some means of contact with anonymous submissions (such as contact information for an attorney, through whom requests for additional information can be relayed).

The ability to file anonymously, however, does not guarantee that the whistleblower will remain anonymous throughout the government’s investigation. The government may be able to identify the whistleblower based on the information provided. If the government initiates an enforcement action as a result of the whistleblower’s disclosure, moreover, it may need to call the whistleblower as a witness to testify about the misconduct they reported.

Whistleblowers must also disclose their identities before they can receive any award. This is required because certain individuals are prohibited from receiving whistleblower awards. However, when a whistleblower’s identity is disclosed, the government must treat that information as confidential.

The CFTC whistleblower program also requires the government to treat information that might reveal the whistleblower’s identity as confidential under the Privacy Act. That requirement limits the government’s ability to share the whistleblower’s information, and potentially permits the whistleblower to sue the government over an unauthorized disclosure.

To learn more about the CFTC whistleblower program and other similar programs, go to www.mololamken.com and follow us on LinkedIn. “Brilliant lawyers with courtroom savvy” — Benchmark Litigation. Copyright MoloLamken LLP 2025.