Can whistleblowers remain anonymous under the Bank Secrecy Act?

The Bank Secrecy Act (BSA) permits whistleblowers to report anonymously by filing their disclosures through an attorney. Under this approach, the government receives only the attorney’s name and contact information. Any follow-up inquiries are relayed to the whistleblower through the attorney.

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 groups, such as government employees, are prohibited from receiving whistleblower awards. However, when a whistleblower’s identity is disclosed, the BSA requires the government to treat that information as confidential under the Privacy Act.

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