Section 1191 - Whistleblower provisions(a) Any whistleblower wishing to provide information regarding a holder's noncompliance with the reporting requirements of § 1142 of this title shall provide such information in writing to both the State Escheator and to the Attorney General Fraud Division Director at the same time. Any such submission shall:(2) Be exempt from disclosure under Chapter 100 of Title 29.(3) Include a written agreement by the whistleblower to maintain the confidentiality of the submission, any subsequent investigation, and any resolution thereof. The State Escheator and the Attorney General shall jointly make publicly available a form agreement to be used by whistleblowers under this section.
(b) If a whistleblower provides information pursuant to subsection (a) of this section, the State Escheator may initiate an examination pursuant to § 1172(d)(1) of this title and the Attorney General may conduct an investigation pursuant to Chapter 12 of Title 6.(c) If the Secretary of Finance or State Escheator, as a result of information provided by a whistleblower as the original source, resolves an examination or other claim under Subchapter II of Chapter 11 of Title 12, the State Escheator shall make such award as appropriate under § 1183(e) of this subchapter.(d) If the Attorney General, as a result of information provided by a whistleblower as the original source, resolves a claim under the Title 6, Chapter 12 based upon the reporting requirements of § 1142 of this chapter, then the State shall award to the whistleblower from the total payments to the State by the holder in connection with the resolution: (1) A minimum of 20% and up to 30% of the first $5 million of such payments.(2) A minimum of 10% and up to 20% of any portion of such payments exceeding $5 million, if any.(3) Any costs, including attorneys' fees, incurred by the whistleblower as may be agreed to in writing during the pendency of the matter between the whistleblower and the Attorney General.(e) In determining the amount of an award under subsection (d) of this section, the Attorney General shall take into consideration the significance of the information provided by the whistleblower to the success of the judgment or resolution, the degree of assistance provided by the whistleblower, and its counsel, if any, and the programmatic interest of the Attorney General in deterring violations of this chapter by making awards to whistleblowers who provide information that lead to successful resolutions.(f) If the Secretary of State under § 1173 of this title resolves any claims for property otherwise owing to the State Escheator where the report of information by a whistleblower preceded the voluntary disclosure under § 1173 of this title of the same or substantially similar information by the holder, the State shall award to the whistleblower from the total payments to the State by the holder in connection with the resolution 30% of the first $5 million of such payments and 20% of any portion of such payments exceeding $5 million, if any.(g) No award shall be made to any whistleblower to whom any of the following apply: (1) The whistleblower is, or was at the time the whistleblower acquired the information submitted to the State Escheator and Attorney General, an employee or agent of the State of Delaware.(2) The whistleblower is convicted of a criminal violation related to the matter for which the whistleblower otherwise could receive an award under this section.(h) A whistleblower may be represented by counsel and may remain anonymous by submitting information through such counsel. Prior to the payment of an award, a whistleblower shall disclose such information as the State may require for payment of the award, which may include the whistleblower's identity.(i) The Attorney General, the State Escheator, and the Secretary of State shall consult as necessary to ensure the efficient investigation of whistleblower reports under § 1191 of this title and other matters of common interest related to the enforcement of the reporting requirements of § 1142 of this title. All such communications shall be exempt from disclosure under Chapter 100 of Title 29.Added by Laws 2023, ch. 367,s 2, eff. 8/15/2024.