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DOJ Releases Report on FBI Whistleblower Protections

Posted in News
Yesterday, Senators Chuck Grassley and Ron Wyden expressed optimism that Federal Bureau of Investigation (FBI) whistleblowers may receive better protection under new guidelines outlined in a proposal to President Barack Obama.  The Department of Justice forwarded a copy of the Attorney General’s report titled “Department of Justice Report on Regulations Protecting FBI Whistleblowers.”  As I wrote in a previous post, … Continue Reading

NWC Fights Back Chamber of Commerce/KBR Attack on Whistleblowers at Supreme Court

Posted in False Claims / Qui Tam, News
Washington, D.C. October 22, 2014. Yesterday, the National Whistleblower Center filed a “friend of court” brief in Kellogg Brown & Root Services, Inc. v. United States ex rel. Carter before the U.S. Supreme Court.  The extensive brief delivers a full rebuttal of the U.S. Chamber of Commerce (Chamber) and Kellogg Brown & Root’s (KBR) attack on the integrity of whistleblowers. The Chamber and its … Continue Reading

ARB Decision Promotes Clarity And Uniformity In Whistleblower Cases

Posted in Department of Labor, News
In a long-overdue decision issued on October 9, 2014, the Department of Labor Administrative Review Board (ARB) finally clarified the standard of proof for employees to establish the “contributing factor” test in whistleblower retaliation cases arising under the Sarbanes-Oxley Act  (SOX) and other whistleblower statutes.  In a 2-to-1 panel decision in Fordham v. Fannie Mae, ARB No. 12-061, the ARB … Continue Reading

FBI Continues Culture of Retaliation Against Whistleblowers

Posted in News
Yesterday, Senator Chuck Grassley announced that 11 whistleblowers have come forward revealing that FBI managers are now using Loss of Effectiveness orders to retaliate against FBI employees who report wrongdoing in the agency. “Every time we bring this to the administration’s attention, more whistleblowers come forward,” Grassley said.  “These whistleblowers never have the opportunity to make their case.  It’s stereotypical … Continue Reading

Attorney General Supports Increased Whistleblower Protections Under Federal Banking Laws FIRREA

Posted in False Claims / Qui Tam, News
New York City, New York. September 17, 2014.  In a speech delivered today at New York University School of Law, U.S. Attorney General Eric Holder publicly endorsed enlarging U.S. whistleblower reward laws to include expanded rewards under the Financial Institutions Reform, Recovery, and Enforcement Act, better known as “FIRREA.” The Attorney General acknowledged the tremendous success of other whistleblower reward laws, explaining … Continue Reading

SEC Whistleblower Awards List August 2014

Posted in News
The SEC Office of the Whistleblower post Notices of Covered Action where a final judgment or order, by itself or together with other prior judgments or orders in the same action issued after July 21, 2010, results in monetary sanctions exceeding $1 million.Subject to the Final Rules, individuals who voluntarily provided the Commission with original information after July 21, 2010 that led to … Continue Reading

WMATA Pays $5.6 Million to Settle False Claims Act and Whistleblower Retaliation Suits

Posted in News
Washington, D.C. August 20, 2014.  The Washington Area Metropolitan Transit Authority (WMATA) has paid $5.6 million to the United States, the District of Columbia, and Shahiq Khwaja to resolve whistleblower claims brought by Mr. Khwaja under the federal and District of Columbia False Claims Acts, and under the anti-retaliation provisions of the American Recovery and Reinvestment Act of 2009, among other laws. Attorneys for … Continue Reading

Whistleblowers Recover $98.15 Million for U. S. Taxpayers

Posted in False Claims / Qui Tam, News
Yesterday, the Justice Department announced that Community Health Systems, Inc., the nation’s largest operator of acute care hospitals, has agreed to pay $98.15 to settle multiple lawsuits against it filed under the False Claims Act. Nine whistleblowers stepped forward to report “a deliberate corporate-driven scheme” to bilk the U.S. taxpayers of millions of dollars. This settlement illustrates the government’s emphasis … Continue Reading

Man Wrongfully Convicted by Perjured FBI Testimony Freed After 28 Years in Prison; Donald Eugene Gates Released on Basis of New DNA Evidence

Posted in News
The following is from guest contributor Jon C. Hopwood. This article was originally published in 2009 on Yahoo Voice and is reprinted here by permission of the author. Summary: Donald Eugene Gates, who was convicted of the 1982 rape-murder of a Caucasian college coed, was released on the basis of new DNA evidence. Donald Eugene Gates, a 58 year-old African American wrongfully … Continue Reading

Senator Grassley Steps Forward Once Again to Defend Whistleblowers

Posted in False Claims / Qui Tam, News
On July 30, 2014, the House Judiciary Committee Constitution and Civil Justice Subcommittee held a hearing on proposals by the U.S. Chamber of Commerce to substantially weaken the False Claims Act (FCA). The FCA is the most effective whistleblower law and allows those with evidence of fraud against federal programs or contracts to sue the wrongdoer on behalf of the … Continue Reading

Who is Michael P. Malone? Corrupt F.B.I. Agent’s Testimony Sent Innocent Man to Prison; Donald Eugene Gates was Convicted of Rape-Murder He Did Not Commit

Posted in News
The following is from guest contributor Jon C. Hopwood. This article was originally published in 2009 on Yahoo Voice and is reprinted here by permission of the author. Summary:  The testimony of Special Agent Michael P. Malone was instrumental in convicting Donald Eugene Gates of a rape-murder he did not commit. Gates was exonerated but scores of others convicted with Malone’s testimony … Continue Reading

Senate Approves “National Whistleblower Appreciation Day” for Second Year

Posted in News
On July 30, 2014, by a unanimous resolution the U.S. Senate declared July 30 as “National Whistleblower Appreciation Day” for the second year in row.   The resolution comes on the anniversary of the first ever whistleblower protection law enacted on July 30, 1778. Stephen M. Kohn, Executive Director of the National Whistleblower Center, first discovered the importance of this date … Continue Reading

Celebrate National Whistleblower Appreciation Day!

Posted in Events
Today is National Whistleblower Appreciation Day.  On this day in 1778 the Continental Congress passed what very well could be the world’s first whistleblower law.  Our revolutionary forefathers, when they learned that two whistleblowers that had exposed misconduct by the highest-ranking U.S. naval official, were being prosecuted in the State of Rhode Island, agreed to act.  They voted to spend … Continue Reading

Understanding the Risks of Whistleblowing

Posted in Corporate Whistleblowers, News
In an article on the legal news website, Lawyers and Settlements, Stephen M. Kohn, Executive Director of the National Whistleblower Center, explains that statistics reveal that most employees “who witness fraud or and violations of the law and don’t report it.”  In the article entitled Before You Blow the Whistle—Read This, Kohn explains the importance of consulting an attorney well versed in whistleblower law … Continue Reading

Full Court Review Requested in KBR Contracting Fraud Case

Posted in Corporate Whistleblowers, False Claims / Qui Tam, News
FOR IMMEDIATE RELEASE Whistleblower Seeks Release of Documents that Demonstrated Contracting Fraud during the War in Iraq Washington, D.C. July 28, 2014. Today, Mr. Harry Barko, a whistleblower who alleged that defense contractor KBR had engaged in widespread fraud during the War in Iraq, requested the full U.S. Court of Appeals for the District of Columbia Circuit to review a major … Continue Reading

FBI Whistleblower Jane Turner Discusses Her Whistleblowing Experiences

Posted in Government Whistleblowers, News
In an article on the legal news website, Lawyers and Settlements, FBI whistleblower Jane Turner discuses her whistleblowing experiences.  In the article “FBI Whistleblower Regrets Nothing,”  Turner says “It destroyed me to lose the job that meant so much to me.” However, “I thought if I don’t speak up, who will?” she stated. Read the full article here… Continue Reading

Special Offer In Honor of National Whistleblower Appreciation Day

Posted in Events
Last year the U.S. Senate declared July 30, 2013 as “National Whistleblower Appreciation Day.” “In honor of ‘National Whistleblower Appreciation Day’ we call upon the President of the United States, and every public institution in the United States, to publicly celebrate the courage and sacrifices whistleblowers have made to American democracy, and to widely publish the words enacted by our … Continue Reading

Updated SEC Whistleblower Awards List, July 2014

Posted in Corporate Whistleblowers, News
The SEC Office of the Whistleblower post Notices of Covered Action where a final judgment or order, by itself or together with other prior judgments or orders in the same action issued after July 21, 2010, results in monetary sanctions exceeding $1 million.Subject to the Final Rules, individuals who voluntarily provided the Commission with original information after July 21, 2010 that led to … Continue Reading

NWC joins Amicus Brief in Support of Whistleblower’s Petition for Certiorari

Posted in False Claims / Qui Tam, News
On June 26th, 2014, the National Whistleblower Center joined in an amicus brief filed in Kalyanaram v. New York Institute of Technology before the U.S. Supreme Court in support of the Petition For Writ Of Certiorari. The issue involves whether whistleblowers can be required to reveal the fact they have filed a False Claims Act case, which is under seal, … Continue Reading

Intelligence Whistleblowers Should Use “Expanded Protections” With Caution

Posted in National Security, News, Uncategorized
New intelligence community whistleblower protections lacking On July 7, 2014, President Obama signed the “Intelligence Authorization Act for Fiscal Year 2014.” This bill includes a section providing “Protection Of Intelligence Community Whistleblowers.” These protections specify that employees who divulge information about possible misconduct within their agencies to their Inspectors General or other designated intelligence offices will be protected. Stephen M. … Continue Reading

We Must Stop Illegal Gag Orders

Posted in Corporate Whistleblowers, False Claims / Qui Tam, News
The post below was co-authored by Stephen M. Kohn, Michael D. Kohn David K. Colapinto, partners of the law firm Kohn, Kohn and Colapinto, LLP.  One of the most destructive tools used to silence whistleblowers are non-disclosure agreements (often found in employment contracts and severance agreements) which prohibit employees from disclosing fraud and other crimes to law enforcement agencies.  Today’s Washington Post story … Continue Reading

Three Judge Panel of the D.C. Circuit Court of Appeals Shields Evidence of KBR Contracting Fraud In Iraq War Under Attorney-Client Privilege

Posted in Corporate Whistleblowers, False Claims / Qui Tam, News, Uncategorized
Washington, D.C.  June 27, 2014. Today the D.C. Circuit court issued a decision in the case of In re: Kellogg Brown & Root, Inc., et al., finding certain reports produced during internal corporate investigations were covered under the attorney-client privilege even though the documents show employees believed there was contracting fraud taking place during the Iraq War.  The Court granted a … Continue Reading

House Panel Investigates Alleged Interference with Whistleblower’s Testimony

Posted in Government Whistleblowers, News
The Washington Examiner reports that Rep. Patrick McHenry, R-N.C., will investigate whether  a letter to the House Financial Services subcommittee constituted interference with congressional oversight or an attempt to intimidate future witnesses appearing before the panel. The letter that sparked the investigation came from John Dowd, a criminal defense lawyer representing Liza Strong, the Consumer Financial Protection Bureau’s employment services chief and requested that a … Continue Reading

Senators Demand Answers on Surveillance of Whistleblower Communications with Congress

Posted in News
Senators Chuck Grassley and Ron Wyden issued the following press statement today in regard to the National Intelligence Agency’s plans to implement continuous monitoring of security clearance holders and it’s impact on whistleblowers who communicate with members of Congress: Grassley, Wyden Press for Answers on Continuous Monitoring of Whistleblower and Legislative Branch Communications             WASHINGTON – Senators Chuck Grassley and … Continue Reading