Even with increased enforcement, many violations come to light only because a whistleblower speaks up

As federal agencies sharpen their focus on animal welfare, whistleblowers who speak up about animal mistreatment now have an important ally in the U.S. Department of Justice.

Former Attorney General Pam Bondi announced in February the department will prioritize animal welfare enforcement, including new prosecutor and agent training, coordination with other federal agencies, and expanded support for investigations involving mistreated animals.

But even with increased federal attention, many animal welfare violations never reach investigators unless a whistleblower speaks up. When federal funding is involved, the False Claims Act (FCA) gives whistleblowers a powerful tool to report what they’re seeing.

When Animal Mistreatment Becomes Fraud: The False Claims Act Explained

The FCA is the main federal law used to hold companies accountable when they cheat the government.

It can apply when an organization:

• Lies to obtain federal money
• Lies to keep federal money it wasn’t entitled to
• Certifies compliance with laws it is violating, or
• Conceals information showing it must repay federal funds

The key piece is that federal money must somehow be involved.

Many workplaces that interact with animals rely heavily on federal funds. Examples include:

• Research labs funded by the National Institutes of Health
• Food producers selling meat or dairy to federal nutrition programs
• Contractors or vendors supplying animals or animal‑derived materials to the government
• Shelters, sanctuaries, or transporters receiving federal grants
• Any organization that must certify compliance with the Animal Welfare Act or humane‑handling requirements to receive federal money

In these situations, animal mistreatment is both unethical and potentially fraudulent. FCA whistleblowers help stop two related harms at once: the abuse of animals and the misuse of public funds meant to support law-abiding, humane organizations.

Whistleblowers Can—And Do—Expose Animal Welfare Problems

Animal welfare isn’t a new area for whistleblowers. In 2019, lamb producer Superior Farms agreed to a consent decree after an undercover animal rights activist tipped off the Department of Justice that it was violating humane handling requirements. Superior supplied meat for the National School Lunch Program and Department of Defense, as well as pelts used in Ugg boots.

As alleged, animal suffering was the underlying wrongdoing. The fraud was the misrepresentation to the federal government that allowed it to occur on the taxpayers’ dime.

Whistleblowers Get a Boost from the DOJ

There are many methods for reporting potential illegal conduct to the Department of Justice, but the FCA can be the most effective way to bring misconduct to the government’s attention when federal dollars are at issue. That’s because the law requires the DOJ to investigate all FCA tips.

In addition to helping shine a light on concerns, the FCA includes a financial reward for whistleblowers if the case succeeds. You don’t even need to be an employee of the company to report misconduct.

The DOJ’s decision to devote resources to animal enforcement doesn’t change whether a whistleblower claim is viable, but enforcement priorities matter. When the DOJ publicly identifies an area as a focus, it signals that it’s willing to surge resources to those case—more investigators, prosecutors, and agency coordination. For whistleblowers, that can make the difference between allegations that stall and cases that are fully investigated and pursued.

Blowing the whistle on misconduct—or potential misconduct—can feel scary. But you don’t need to be certain that misconduct is illegal, and the FCA has strong anti-retaliation provisions to help whistleblowers come forward, whether or not they ever file a lawsuit.

What You Can Do Next

If you’re unsure whether what you’re seeing qualifies as FCA fraud, that’s normal. Whistleblower cases often start with uncertainty or a gut sense that something isn’t right.

To help you think about the situation, consider speaking with an attorney who handles FCA matters. They can help assess whether federal funding is involved and what protections apply.

Calling a lawyer is a confidential step you can take that doesn’t commit you to doing anything more if you decide not to proceed. Early legal advice can protect you as well as the case by preserving anonymity and avoiding missteps that could disqualify a claim. No matter what you decide to do, here are some practical steps that can protect you and the case:

• Write down what you observed. Keep your notes at home, not on a work device.
• Don’t take documents you aren’t normally allowed to access.
• Avoid confrontations that could put you at risk.

You don’t need to have everything figured out before asking questions.

If animals are being mistreated and federal money is in the mix, whistleblowers can play a key role in making sure both the animals and taxpayers are protected.

To discuss what you’re seeing, call our intake team at 866-772-4133. We’re available Monday to Friday, 8:30am to 9pm Eastern time.

This was co-written by Jon Steingart, Senior Content Strategist at Outten & Golden LLP.