Does the Bank Secrecy Act protect whistleblowers from retaliation?
Yes. The BSA provides significant protections against retaliation.
Most importantly, the BSA prohibits an employer from discriminating in any way against whistleblowers who disclose conduct that they reasonably believe violates the BSA or international monetary sanctions. That prohibition applies even if the conduct is disclosed to the whistleblower’s supervisors, rather than the government.
A whistleblower who suffers discrimination can file a complaint with the Secretary of Labor. If the Labor Secretary does not issue a final decision within 180 days, the whistleblower can then sue in federal court.
The potential remedies for retaliation include reinstatement, double the amount of any back pay owed to the whistleblower, and other compensatory damages including attorneys’ fees.
The BSA 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 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.