What Is the AML/BSA Whistleblower Program—and Who Runs It?

The federal Anti-Money Laundering (AML) and Bank Secrecy Act (BSA) whistleblower program gives people a way to report certain financial-crime violations to the U.S. government and, if a report leads to a successful enforcement action, potentially receive a monetary award. It also includes protections against retaliation for qualifying whistleblowers.

The program is run by the U.S. Department of the Treasury, with the Financial Crimes Enforcement Network (FinCEN) administering the whistleblower process. It is not the same as filing a Suspicious Activity Report (SAR), and making a report does not guarantee an award or an investigation.

This guide explains the program’s legal origin, who may qualify, what “original information” means, and the types of conduct that may be covered. Laws and agency procedures can change, so check FinCEN’s official information at fincen.gov before submitting a claim.

What Is the AML/BSA Whistleblower Program?

The program allows eligible individuals to provide information about certain violations of the Bank Secrecy Act and related laws to the Treasury Department. The BSA is the federal framework that requires financial institutions and certain other businesses to maintain records, operate anti-money-laundering controls, and report specified financial activity to the government.

When a whistleblower’s information contributes to a successful enforcement action that meets the statutory requirements, the government may pay an award from collected monetary sanctions. The award is generally a percentage of the money collected, subject to statutory rules and agency determinations. An award is not automatic: the information must meet the program’s requirements, and the enforcement action must produce qualifying collections.

The program is intended to help the government identify violations that may be difficult to detect from outside an institution. For example, an employee might know that a bank repeatedly failed to investigate transactions flagged by its monitoring system. That information could be relevant to the government, but whether it qualifies—and whether it contributes to an enforcement action—depends on the facts and the law.

Who Runs the Program?

The Treasury Department has statutory responsibility for the program. FinCEN, a Treasury bureau that administers and enforces key parts of the BSA, is the main agency to look to for program information and submission instructions. Other government agencies may investigate or bring enforcement actions involving related laws. The agency involved can depend on the alleged conduct.

In practical terms, FinCEN is the starting point for learning how to submit information and how to pursue a whistleblower award claim. FinCEN’s website should be used for current instructions, forms, and procedural updates. A person should not assume that sending information to a bank’s compliance department, a regulator, or law enforcement is the same as completing the program’s required whistleblower submission.

Legal Origin and Timeline

The program’s key statutory foundation came from the Anti-Money Laundering Whistleblower Improvement Act of 2022, enacted as part of the National Defense Authorization Act for Fiscal Year 2023. President Biden signed that law on December 23, 2022. The amendments strengthened the BSA’s whistleblower provisions, including by establishing an award framework and expanding the kinds of misconduct that could be covered.

1. Before 2022: The BSA contained whistleblower provisions, but the framework was more limited.
2. December 23, 2022: The Anti-Money Laundering Whistleblower Improvement Act of 2022 became law within the FY2023 National Defense Authorization Act.
3. After enactment: FinCEN and Treasury have been responsible for putting the statutory program into practice and providing information about how to submit and pursue claims.

Congress later amended the whistleblower framework. As a result, a person researching the original 2022 law should also check the current statute and FinCEN guidance. The rules that apply to a particular tip or award claim may depend on the law in effect and the timing of the submission and enforcement action.

Who May Be Eligible?

Eligibility depends on the information provided, how it was obtained, the nature of the alleged violation, and whether the statutory requirements are met. People with relevant knowledge may include current or former employees, contractors, consultants, and others who have first-hand access to evidence. A person does not necessarily need to work for a bank; covered misconduct can involve other businesses or individuals subject to the relevant laws.

Being an employee or having access to internal documents does not, by itself, make someone eligible for an award. The government evaluates the submission under the program’s requirements. Certain exclusions or restrictions may apply, including in some circumstances to people who played a role in the misconduct, people who obtained information in a legally restricted way, or people whose information falls within a statutory exception. The details can be fact-specific.

What Does “Original Information” Mean?

“Original information” is a central concept. In general, the information must come from the person’s independent knowledge or analysis, rather than simply repeating something already available to the public. It should provide meaningful details that help the government understand or investigate a possible violation.

For example, a person who explains how a transaction-monitoring alert was overridden, identifies the responsible decision-makers, and provides records showing a repeated practice may offer more useful information than someone who forwards a news article without adding anything. Publicly available information is not necessarily useless, but merely restating public allegations may not satisfy the original-information standard. The governing law and current FinCEN procedures determine how the standard applies.

Voluntariness and timing can matter as well. A person should check the current requirements before approaching an agency or responding to a government request. The program may permit an anonymous submission when the whistleblower is represented by an attorney, but anonymity does not eliminate the need to meet the program’s requirements or provide information that can be evaluated.

What Types of Violations May Qualify?

The program concerns certain violations of the BSA and related covered laws. It is not a general reward program for reporting every kind of fraud, workplace misconduct, or regulatory problem. Examples of conduct that may be relevant include failures involving suspicious-activity reporting, structuring, customer due diligence, recordkeeping, and specified sanctions violations.

Topic Example of potentially relevant conduct Suspicious Activity Reports (SARs) A financial institution allegedly fails to file required reports, files them late, or knowingly uses a process that suppresses reportable activity. Structuring Transactions are deliberately divided into smaller amounts to evade a currency-reporting requirement, or an institution knowingly facilitates that conduct. Customer due diligence (CDD) A covered institution allegedly fails to carry out required customer-identification or beneficial-ownership procedures in a way connected to a BSA violation. Records and controls Required financial records are not maintained, are falsified, or are handled in a way that may violate applicable BSA obligations. Sanctions Conduct may involve a violation of sanctions laws or regulations covered by the whistleblower provisions. Not every sanctions concern necessarily qualifies under this program.

A SAR is a report that a financial institution may be required to submit to FinCEN when it knows, suspects, or has reason to suspect certain suspicious activity. A whistleblower tip is different: it is information provided by an individual to the government. A person who believes an institution mishandled SAR obligations should not try to access, remove, or disclose SARs improperly. SARs and information revealing that a SAR exists are subject to strict confidentiality rules.

Similarly, not every compliance weakness is necessarily a whistleblower-program violation. A control problem may be important evidence, but the relevant question is whether the conduct falls within a covered legal provision and whether the information meets the program’s requirements.

How Awards and Protections Work

The law provides for potential awards tied to monetary sanctions openclassactions.com collected in qualifying enforcement actions. The amount depends on statutory criteria and the whistleblower’s contribution, among other considerations. A report that does not lead to a qualifying action or collected sanctions may not result in an award. There is no guaranteed payment for submitting a tip.

The statute also provides anti-retaliation protections for qualifying whistleblowers. These protections may matter when an employer takes adverse action because an employee reported, or was believed to have reported, covered misconduct. The scope of protection and available remedies depend on the facts and applicable law. Someone facing retaliation should preserve relevant records lawfully and seek advice about deadlines and options.

Whistleblowers should also keep confidentiality and workplace obligations in mind. Do not take documents you are not authorized to access, alter records, disclose protected customer information unnecessarily, or use a work computer or work email account for sensitive personal communications. An attorney can help assess how to report concerns without creating avoidable legal or security risks.

How Is a Whistleblower Tip Different from a SAR?

• A SAR is filed by a regulated institution under its reporting obligations. It is not a public complaint form.
• A whistleblower tip is submitted by an individual who reports information about possible covered violations.
• Confidentiality rules are strict. Do not share or seek SAR information unless you are legally authorized to do so.
• One does not replace the other. Filing a whistleblower tip does not satisfy an institution’s SAR duties, and an institution’s SAR filing does not automatically make a person eligible for an award.

What to Do Next: A Practical Checklist

1. Write down what you know. Note dates, people, business units, transactions, and the process you observed. Separate first-hand knowledge from assumptions or information you heard from others.
2. Preserve evidence lawfully. Do not access systems or records without authorization, remove confidential material, or alter documents. Ask a lawyer how to handle records you already possess.
3. Check FinCEN’s current guidance. Review fincen.gov for official submission instructions, eligibility information, and updates to the program.
4. Consider speaking with an attorney. A whistleblower lawyer can help assess eligibility, confidentiality, retaliation risks, and whether an anonymous submission through counsel is available and appropriate.
5. Keep a secure record of your steps. Record when you sought advice or made a submission, while avoiding work devices and accounts for sensitive communications.

The Bottom Line

The AML/BSA whistleblower program is a Treasury Department program administered by FinCEN. Its statutory framework was strengthened by the Anti-Money Laundering Whistleblower Improvement Act of 2022, enacted on December 23, 2022, and later amendments mean current requirements should be confirmed through official sources.

People with original, useful information about covered violations—including certain failures involving SARs, structuring, customer due diligence, records, and sanctions—may be able to submit it and may qualify for an award if the legal conditions are met. Eligibility and payment are not automatic. For current procedures, start with FinCEN’s website, and consider getting independent legal advice before sharing sensitive information.