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

On April 24, 2013, Health and Human Services Secretary Kathleen Sebelius announced a proposed rule that would increase rewards paid to Medicare beneficiaries and others whose tips about suspected fraud lead to the successful recovery of funds to as high as $9.9 million.

Over the last three years, the HHS has recovered over $14.9 billion in fraud, some of which resulted from fraud reporting by individuals – a proven tool in helping the government detect fraud, waste and abuse in the Medicare program. 

The proposed rule would increase the potential reward amount for individuals who report information that leads to a recovery of Medicare funds from 10 percent to 15 percent of the final amount collected. The current program caps the reward at $1,000, meaning HHS pays a reward on the first $10,000 it collects as a result of a tip. HHS is also proposing to increase the portion of the recovery on which HHS will pay a reward up to the first $66 million recovered – this means an individual could receive a reward of $9.9 million if HHS recovers $66 million or more. 

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Cathy Kangas, a Board member with the Humane Society of the United States, wrote a moving blog article yesterday about the importance of whistleblowers and why they should not be silenced.

The article states the alarming fact that "In 2013, lawmakers in 11 states have introduced anti-whistleblower bills." 

Here is a link to her article entitled "Silencing Whistleblowers."

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In an April 23, 2013 press release, the U.S. Department of Labor's Occupational Safety and Health Administration announced that it found that the Northeast Illinois Regional Commuter Railroad Corp., known as Metra, violated the Federal Railroad Safety Act.  The violation occurred when a signalman's work hours were changed and his position was eliminated after he made a safety complaint. The company is ordered to pay more than $38,080 in overtime, along with interest, compensatory damages and attorney's fees.

"An employer does not have the right to retaliate against employees who report safety issues," said Nick Walters, OSHA's regional administrator in Chicago. "When employees can't report safety concerns on the job without fear of retaliation, worker safety and, in this case, passenger safety on Metra, becomes a serious concern."

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 Estelle S. Kohn

May 2, 1953 - April 10, 2013

Estelle Kohn was dedicated to and passionate about educating the public on whistleblower protection issues. She served as the Deputy Director of the National Whistleblower Center and the National Whistleblower Legal Defense and Education Fund for the last ten years.  In this role she built a world-renowned public education program that includes a highly respected public interest student intern program that brings over 60 students each year to Washington, D.C., to work with experienced licensed attorneys in the field of whistleblower law and advocacy.

Ms. Kohn was also instrumental in the development and coordination of the NWC's educational seminars that have been held throughout the United States. In addition, she established a program with the U.S. State Department in which international delegations visit the NWC to learn about U.S. whistleblower protection laws as they try to develop whistleblower protections in their own countries. Ms. Kohn also ran the NWC Speaker's Bureau, which sent speakers around the world to educate the public on whistleblower protection issues.

Ms. Kohn also oversaw the NWLDEF's Attorney Referral Service. In this role she worked directly with thousands of whistleblowers to help find experienced whistleblower attorneys to represent them.

Estelle Kohn was also a loving daughter, devoted sister and dedicated friend.  She will be missed greatly by all who were fortunate enough to have known and worked with her.

Always so true, unselfish and kind.

Few in this world are equal to find;

A beautiful life that came to an end.

She died, as she lived

Everyone's friend.

There will be a memorial service on April 21, 2013 at the Quaker Meeting Room, Sidwell Friends Upper School, 3825 Wisconsin Ave, N.W., Washington, D.C.  20016 between 12 noon and 2pm. 

Contact mjw@whistleblowers.org. 

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The USDOL/OALJ Reporter has published case summaries and case links for cases decided in January 2013 by the Administrative Review Board.  The decisions are found at
http://www.oalj.dol.gov/PUBLIC/ARB/REFERENCES/Caselists/01_2013.HTM

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Last week OSHA published interim final rules on the Seaman’s Protection Act procedures governing whistleblower complaints under the Act. The Seaman’s Protection Act protects seamen from retaliation for engaging in protected activity under the Act, including providing information to the government about an alleged violation of maritime safety laws or regulations.

Individuals are encouraged to review the interim final rules and submit comments about them to OSHA. Comments may be submitted in the following ways:  Submit electronically at http://www.regulations.gov, the Federal eRulemaking Portal. Submissions may also be sent via facsimile or mail. See the Federal Register notice for details. Submissions must be submitted by April 8, 2013. Faxed submissions, including attachments, must not exceed 10 pages and should be sent to the OSHA Docket Office at 202-693-1648. Comments submitted by mail should be addressed to the OSHA Docket Office, Docket No. OSHA-2011-0841, U.S. Department of Labor, Room N-2625, 200 Constitution Ave. NW, Washington, D.C. 20210.

For more information see the OSHA press release.

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This year, as you are deciding what to give your loved ones, friends, and colleagues for the holidays, why not choose to give something interesting and useful? One of the most powerful gifts you can give is knowledge.

The Whistleblower's Handbook: A Step-by-Step Guide to Doing What's Right and Protecting Yourself is the best gift you can give an employee.

When you make a $25 or larger donation to the National Whistleblowers Center between today and December 31, 2012, you will receive a copy of The Whistleblower's Handbook as our gift to you. You will also receive free shipping on any additional copies of The Whistleblower's Handbook that you order by December 31, 2012. 

The Whistleblower's Handbook sets forth twenty-one basic rules every potential whistleblower needs to know. It also provides a guide for how whistleblowers around the world can use the Foreign Corrupt Practices Act to qualify for a whistleblower reward.

The Whistleblower's Handbook is the authoritative reference for anyone who has ever wondered how they might blow the whistle - and, once they've done so, how to prevail.

Limited quantities available. Make your tax-deductible Donation Now!

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A recent White House directive on national security whistleblowers has sparked a major dialog in the whistleblower community. You can read the National Whistleblowers Center's press release on the directive here.

Below is a full-text analysis from the Whistleblower Support Fund's Linda Lewis (originally published here). 

On Wednesday, President Obama signed a new Presidential Policy Directive (PPD-19) entitled, “Protecting Whistleblowers with Access to Classified Information.”

The presidential policy directive aims to ensure intelligence and national security employees are able to legally report agency wrongdoing and be protected from retaliation for doing so. (Federal News Radio).

When I first heard about the directive, I was hopeful that whistleblowers with security clearances might finally get needed protections. But, as I pored over the directive’s details, I became disappointed. I am not a lawyer, so perhaps I missed something of potential benefit. I am quite familiar, though, with the federal bureaucracy’s past responses to whistleblowers with security clearances.

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The Zinn Education Project is sponsoring State Out of the Union, a performance about civil rights, immigration and education, this Wednesday, September 26, 2012, at Busboys and Poets, 2021 14th St. NW, Washington, DC (at V St.; use U St. Metrorail station). The performance features author Jeff Biggers, poet Henry Mills and vocalist Chude Mondlane in a skewering of Arizona's "papers please" law.  The Zinn Education Project describes the performance as follows:

With the Tea Party, ethnic studies ban, and SB 1070 setting the stage, State Out of the Union: Arizona and the Final Showdown Over the American Dream opens a new window into the complex history of American immigration conflicts. Jeff Biggers takes no prisoners in this intense, funny performance about the myths, facts, and contradictions in Arizona history. The performance will also feature poet Henry Mills and Mozambique/American recording artist Chude Mondlane.

The late Howard Zinn was a founding Board member of the National Whistleblowers Center. This performance is a benefit for Teaching for Change and the Raza Defense Fund. The suggested donation is $50.

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Attorney Dean Zerbe (pictured) published an article in Forbes magazine explaining how recent events in the IRS whistleblower program give reasons for whistleblowers to see an even brighter future.

Since 2006, federal law has had a reward system for those who blow the whistle on tax fraud. The program can award a successful whistleblower up to 30% of the IRS recovery that results from the whistleblower's disclosure. It comes as no surprise that the IRS program is a valuable program. It honors truthful taxpayers, allows the IRS to catch those who evade paying their taxes and seeks to protect whistleblowers.

Senator Grassley of Iowa has been a strong advocate for the advancement of whistleblower protections for several decades. Recently, Steven Miller, Deputy Commissioner and long time supporter for the IRS whistleblower program, responded directly to concerns Senator Grassley raised. In a June 20, 2012 memorandum, Miller established a plan for the IRS to respond to whistleblowers in a more timely fashion when a case is being decided, and to create a timeline for when a case can be approved and an award can be issued to the whistleblower.

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