Virginia Administrative Code › Title 1 - ADMINISTRATION › Agency 42 - OFFICE OF THE STATE INSPECTOR GENERAL › Chapter 30 - FRAUD AND ABUSE WHISTLE BLOWER REWARD FUND › Section 1VAC42-30-80 - Fund payments to whistle blowers

Current through Register Vol. 40, No. 24, July 15, 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.