Whistleblower Protection Blog : Whistleblower Lawyer & Attorney : National Whistleblower Legal Defense and Education Fund : Whistleblower Protection, Fraud Claims : Washington DC

On December 6, 2012 Congress passed the Sergei Magnitsky Rule of Law Accountability Act of 2012. (Magnitsky Act). The law was inspired by a Russian lawyer named Sergei Magnitsky, detained in 2008 after he blew the whistle on a $230 million tax fraud scheme involving the collaboration of Russian government officials and convicted criminals. He was arrested for his whistleblowing and detained for nearly a year before he was beaten to death in prison.

In October 2012, Stephen Kohn, Executive Director of the National Whistleblowers Center, interviewed Jamison Firestone, the law partner and friend of Sergei Magnitsky. Mr. Firestone related the horrific yet compelling tale of what happened from the time Mr. Magnitsky uncovered the tax fraud until his death at the hands of the Russian authorities. Listen to the interview.

The passing of the Magnitsky Act is a major step forward in the protection of international whistleblowers. This is the first time the U. S. Government has passed a bill in recognition of the hardship and sacrifice of international whistleblowers. This move sets important precedence for the advancement of increased protections for whistleblowers throughout the world. In addition to the Magnitsky Act, the U.S. Congress has significantly enhanced protections for international whistleblowers through the reward provisions applicable to the Foreign Corrupt Practices Act and under the IRS Whistleblower law, which allows foreign nationals to blow the whistle on U.S. tax evaders in other countries.

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NWC nabbed an exclusive interview with Jamison Firestone, the law partner and friend of Sergei Magnitsky – a whistleblower whose disturbing story reveals the ruthlessness and corruption of the Russian government. Sergei was tortured and killed after he exposed the looting of Russian taxpayers’ money.

Mr. Firestone explains how Sergei discovered a $230 million fraud in which legitimate Russian businesses were overtaken, and forged documents were used to obtain tax refunds that fattened the pockets of organized criminals as well as the crooked tax officials who approved the fraudulent transfers. Mistakenly believing that the Medvedev Administration would support his efforts to fight corruption, Sergei took a stand against this massive fraud, and filed numerous complaints with Russian law enforcement agencies. He never expected that his testimony against Russian officials would lead to his arrest and detention without trial for 51 weeks. Mr. Firestone describes the horrifying details of Sergei’s squalid prison conditions, and exposes the vicious cruelty by Russian officials who retaliated against Sergei and his family when he refused to change his story. Mr. Firestone explains the cozy relationships between the investigators and perpetrators of the crime, and reveals the shameful attempts by the Russian government to cover up their horrible actions and intimidate Sergei’s family. You won’t want to miss this explosive story – listen here.

Check out the Russian Untouchable’s website for more about Sergei’s story.

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Tune in today at 5:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half, Steve Kohn talks with Jamison Firestone, the law partner and friend of Sergei Magnitsky, a Russian whistleblower who was arrested, tortured, and eventually killed for uncovering a $230 million tax fraud scheme involving the collaboration of Russian government officials and convicted criminals. Tune in to hear about the devastating response of the Russian government from a lawyer who fled Russia out of fear for his own safety.

Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

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The Internal Revenue Service (IRS) has issued a decision in the whistleblower case of former UBS banker Bradley C. Birkenfeld.

Mr. Birkenfeld's brother, Douglas Birkenfeld, and his attorneys, Stephen M. Kohn and Dean A. Zerbe, will make statements at a National Whistleblowers Center press conference tomorrow, September 11, 2012, at 10:00am ET. The press conference will be held in the Holeman Lounge of the National Press Club, 529 14th Street NW, Washington, DC.

Copies of each statement will be available at the start of the event. After the statements, Mr. Birkenfeld's attorneys will be available for questions.

The press conference will be streamed live right here, and at www.whistleblowers.org and at www.whistleblowersradio.org. So, tune in tomorrow.

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Last week, the American Immigration Lawyers Association (AILA) filed an amicus brief with the Board of Immigration Appeals (BIA) urging the Board to restore a broad interpretation of "members of a particular social group." The "social group" status is important because those who qualify can receive political asylum in the United States.

On pages 11 through 15, the AILA brief argues that:

Persons of conscience who have testified or informed against criminal gangs are also worthy of recognition under the enumerated grounds of protection because they are members of a particular social group united by a common, immutable past experience, as well as a shared commitment to the rule of law. See Acosta, 19 I&N Dec. at 233.

The brief then tells the story of Diego C- A-, a baker in Columbia who reported to the police that one of his customers bragged about being a leader in the Cali drug cartel who organized drug smuggling. After the cartel learned about his whistleblowing, Diego and his son narrowly escaped a kidnapping attempt.  They and the prosecutor they worked with all fled Columbia and sought asylum in the United States.  In 2006, the BIA decided that Diego did not qualify for asylum because his status as a whistleblower was not "socially visible." The BIA also held that when Diego decided to become a whistleblower, he assumed the risk that the cartel would try to kill him. AILA argues that his status is "so fundamental to [his] identity or conscience that it ought not be required to be changed." Quoting Acosta.

AILA notes that the Third Circuit U.S. Court of Appeals has found that status as a former witness should qualify for protection. Garcia v. Attorney General of the United States, 665 F.3d 496, 504 (3d Cir. 2011) (former witnesses against Guatemalan gang share immutable past experience that they cannot change and could not be asked to change).  The United Nations High Commissioner for Refugees issued a Guidance Note on Refugee Claims Relating to Victims of Organized Gangs, 31 March 2010, ~ 38 (resistance to criminal gangs may be considered an immutable characteristic fundamental to conscience and the exercise of human rights because it is founded on respect for the rule of law and the right to freedom of association.).

I thank AILA attorneys Benjamin R. Casper and Vikram K. Badrinath for applying their talents to advance the rights of who have too few.

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British Member of Parliament Julian Smith (left in photo) today visited Stephen Kohn (right in photo) the Executive Director of the National Whistleblowers Center. Mr. Smith asked for the meeting to discuss how the United Kingdom might benefit from improved laws for whistleblowers and from an advocacy organization like NWC. Mr. Kohn explained how the United States has benefited from the False Claims Act, and has even used that law as a model for reward programs in the Dodd-Frank Act and in the Internal Revenue Service.

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Transparency International (TI) hosted a conference for whistleblowers last week in Berlin, Germany. Mark Worth is reporting in a blog post that around the world, "Powerful cultural, political and social forces – often dating back centuries – can keep the lid on bribery, extortion, collusion and other crimes that by any measure should see the light of day." Delegates from thirteen countries agreed that, "whistleblowers . . . still lack adequate legal protections in nearly every country in the world." The participants are working on a set of principles to include in whistleblower laws.  They may benefit from the National Whistleblowers Center's model whistleblower legislation.

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Tune in tomorrow at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

In the first half hour, David Colapinto interviews Steve Kohn about his recent trip to Bosnia and the broader European movement for stronger whistleblower protections.

In the second half hour, Richard Renner and Eric M. Gutiérrez, Legislative & Public Policy Director for the National Employment Lawyers Association (NELA) discuss the progress of two very important laws for whistleblowers, the Civil Rights Tax Relief Act (addresses unfair tax treatment of settlements and awards in employment cases) and the Arbitration Fairness Act (to prevent forced arbitration).

You can take action to protect whistleblowers by signing the petition.
 
Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

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Tune in today at 1:00pm EDT to Honesty Without Fear on Progressive Radio Network.

From Sarajevo, Bosnia, Steve Kohn interviews Bojan Bajic, the head of the Centre for Responsible Democracy and co-founder of Association of Whistleblowers Against Corruption about the growing movement to increase whistleblower protections in Europe.

They discuss the special threats international whistleblowers face - especially in developing democracies such as Bosnia-Herzegovian and in nations that have no whistleblower rights. Bojan Bajic describes what Bosnian whistleblowers face, and how they are organizing themselves to fight-back and obtain rights.

You can take action to protect whistleblowers by signing the petition.
 
Submit Your Question to be asked on air during the show or call in to 1-888-874-4888.

Missed last week's episode?? You can listen to the podcast.

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Just before last night's deadline, I submitted comments on modifications to the Department of Labor's regulations for corporate fraud whistleblowers. The Occupational Safety and Health Administration (OSHA) originally issued regulations at 29 CFR Part 1980 to govern its whistleblower program under the 2002 Sarbanes-Oxley Act (SOX). The modifications OSHA published on November 3, 2011, reflect changes made by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010, and also make some policy changes. I made my comments on behalf of the National Whistleblowers Center (NWC) with helpful input from NWC Executive Director Stephen M. Kohn (especially on the issues of extraterritoriality and confidentiality).  My colleague Erik Snyder helped me finish the comments in time for last night's deadline.

OSHA's modifications reflect the new expanded time limit for filing retaliation claims. Section 922(c) of Dodd-Frank extended the statutory filing period for SOX retaliation complaints from 90 to 180 days. 29 CFR § 1980.103(d) now requires claims to be filed within 180 days of the date on which the employee became aware of the violation. Section 922(c) also protects the whistleblower's right to a trial by jury in cases where the employee removes a case to U.S. district court. Section 922(c) invalidates pre-dispute arbitration agreements that would keep whistleblowers from using the Department of Labor process or the "kickout" provision for going to U.S. district court. Section 922(b) of Dodd-Frank expaned SOX's coverage to include employees of nationally recognized statistical rating organizations (as defined in section 3(a) of the Securities Exchange Act of 1934 (15 U.S.C. 78c). My colleague Lindsey Williams, Advocacy Director of NWC, reported on these changes when Dodd-Frank passed in 2010.

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