Stephen Kohn speaks with CorbettReport.com on S. 372

Stephen M. Kohn, Executive Director of the National Whistleblowers Center (NWC), spoke today with James Corbett of CorbettReport.com. Kohn spoke about the problems with the current Senate version of the Whistleblower Protection Enhancement Act (WPEA), S. 372. CorbettReport.com provide Open Source Intelligence News.  Kohn details ways in which the Senate version of WPEA would actually make it harder for whistleblowers to win protection from and remedies for retaliation. Kohn also explains how it will only take one Senator to block S. 372 from passing with unanimous consent in its present form. The interview is available from CorbettReport.com in MP3 format.

For more information about the problems with S. 372, visit this NWC page.

TAKE ACTION now by asking your Senator to block S. 274 from passing until the poison pills are fixed.

Stephen Kohn appears on Democracy Now about Birkenfeld case

Attorney Stephen Kohn, Executive Director of the National Whistleblowers Center, and an attorney for UBS whistleblower Brad Birkenfeld, appeared on Democracy Now this morning.

TAKE ACTION by sending a letter to Attorney General Holder

Stephen Kohn calls for whistleblower protections in Montenegro

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Stephen M. Kohn in MontenegroStephen M. Kohn, Executive Director of the National Whistleblowers Center (NWC), is in Montenegro this week calling for enactment of whistleblower protections as a key component of transparency.

Kohn is traveling to Montenegro under the auspices of the U.S. Department of State. Today, the on-line journal Vijesti is running an article in Croatian about Kohn's visit to Podgorica, Montenegro's capital.

According to the Vijesti article, Kohn is saying that efforts to expose corruption in government and in businesses depend on protecting whistleblowers. A translation of the Vijesti article is available in the continuation of this blog entry.

American Expert Stephen Kohn Says that Montenegro Needs to Protect Employees Who Speak Out about Corruption

Podgorica – No fight against corruption will be effective if the information does not surface to cure the state agencies and large companies, Stephen Kohn, director of the U.S. National Whistleblowers Center said yesterday.  "Whistleblowers" are people who report corruption and then risk losing their jobs.


Kohn has recommended that Montenegro legally protect and encourage employees to report fraud and business practices.  Reports made by "whistleblowers" in the United States  have became one of the main mechanisms for the protection of taxpayers' money.


Kohn gave a lecture to the Directorate for Human Resources. He pointed out that the U.S. has more than 50 laws that protect and encourage insiders to speak on contentious matters and that any democratic government should support them.


"If Montenegro moves to protect the 'whistleblowers', we must face the fact that the government should protect them, even though her work may appear in a bad light," said Kohn.


He said that the reports of "whistleblowers" are the most common way to tackle corruption in the United States, and their protection is one indicator of how ready a democratic society is to protect the right to free speech.


Kohn arrived in Montenegro three days ago.  He has already heard that there are many insiders, but did not say from whom he received the information and who are the Montenegrin insiders.
"The ball is in your backyard," said Kohn, for Montenegro to design and adopt a precise law that protects the brave individuals.


"Employees who have the courage to uncover corruption or danger to the environment, need to be protected according to custom," said the American expert, "otherwise you would watch them ruin their careers."


He pointed out that "whistleblowers" in the United States can be motivated by an award of 15 to 33 percent of the money that states recover through their reports.


"There is no question that the protection of whistleblowers is, in fact, the protection of people," said Kohn, who was represented whistleblowers in world famous cases, such as the bombing of the World Trade Center and the case of O. J. Simpson.


Kohn is an attorney representing fifty employees in government agencies, including officers of the federal police.  He held his lecture at the invitation of the U.S. Embassy in Montenegro.

Breaking News on Protections for National Security Whistleblowers

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Today’s front page article in the Washington Times exposes the legislative hurdles faced by whistleblowers and notes the Administration’s role in the process stating, “White House drafts weaken some protections.”  The Administration claims to support significant improvements in the law. However, the exclusive article by Tom LoBianco says, “Despite its pledge to better protect federal employees who expose wrongdoing, the Obama administration privately sought to weaken protections for national security whistleblowers under legislation making its way through Congress.”  
 

The Washington Times obtained e-mails showing that the White House counsel’s office provided its own drafts of the proposed whistleblower legislation, which would be harmful to the rights of national security employees.

The National Whistleblowers Center has long favored the whistleblower legislation pending in the House of Representatives.  NWC Executive Director Stephen M. Kohn is quoted in the Washington Times article saying “The House got it right. Obama pledged to support it and he should keep his promise to every whistleblower. As passed, the Senate bill does not fulfill that promise.” Tom Devine of the Government Accountability Project is also quoted as supporting more rights for whistleblowers than the White House proposed. “In reality, it just changes the drapes and window dressing.  All the hearings would still be conducted by the agencies.”

The NWC has consistently advocated the right of all whistleblowers to a jury trial. That, among other important rights, is not provided in either the current version of the Senate bill or apparently in the proposed Administration law.

“We are hopeful that whistleblowers will take action now to advocate for passage of the protections included in the House version. Now is the time to call your Representative or Senators if you care about protecting whistleblowers,” said Stephen M. Kohn.

In addition, today’s New York Times carries a letter to the editor from a former CIA Analyst, which provides a strong example of why it is important to protect national security whistleblowers. Mr. Melvin A. Goodman states that “If Congress ever got around to giving genuine whistleblower protection to members of the intelligence community, this country might get some idea of the extent of the perfidy and duplicity of some government officials.” Mr. Goodman also says that the state secrets privilege, which is often used to silence whistleblowers has “more to do with national embarrassment and not national security.”

Let’s hope that President Obama keeps his promise to provide meaningful whistleblower protection, including jury trials, to national security employees.  You can help by sending a letter to Congress urging them to pass the whistleblower protections included in H.R. 1507.


*Anthony Munter (Of Counsel for the National Whistleblower Legal Defense and Education Fund) contributed to this posting.
 

Government Executive magazine article on WPEA and federal hiring

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Government Executive magazine has released an article on a Senate Committee's actions on two bills.  The article reports on the Federal Hiring Process Improvement Act and the Whistleblower Protection Enhancement Act (WPEA) (which has been a hot topic on this blog this week).

The Federal Hiring Process Improvement Act eliminates essay requirements in favor of resumes and cover letters.  It also requires federal agencies to simplify job postings and keep applicants informed about the status of their applications.

As to the WPEA, the article notes that the Senate Committee approved jury trials for federal whistleblowers for the first time, but notes the concerns of whistleblower advocates.  Stephen M. Kohn, executive director of the National Whistleblowers Center (NWC), expressed disappointment over the bill: "The Senate did the right thing in putting forward a provision, which permits federal employees to remove their cases to federal court. However, we hope the procedural and substantive limitations on these fundamental due process rights will be removed as the bill proceeds," he told Government Executive. NWC has established web pages for information and taking action on the WPEA.

 

 

National Whistleblower Assembly keynote

 National Whistleblower Assembly keynote group

Keynote presenters at the National Whistleblower Assembly include Dr. Jeffrey Wigand, Dr. Janet Chandler,  Stephen M. Kohn, Robert MacLean, Bogdan Dzakovic and Coleen Rowley.  Thank you for posing for this group photo.

 

U.S. Businesses in Hungary want whistleblower law

"Whistle-blower legislation brings in a lot of money," proclaims the headline in Business Hungary magazine. The article in November's issue reports on a trip to Hungary by Stephen M. Kohn, President of the National Whistlelbower Center. 

Stephen M. Kohn speaks to the American Chamber of Commerce in Hungary, October 2008Stephen Kohn traveled to Hungary last Fall to urge Hungarian officials to adopt a whistleblower law similar to America's False Claims Act (FCA).  Under the FCA, those whistleblowers who are the original source of information leading to the recovery of federal funds fraudulently obtained can recover between 15% and 30%  of those funds. Since a 1987 amendment, FCA claims have helped taxpayers here  reclaim $20 billion. To help us make these recoveries, the whistleblowers faced
discharge, financial ruin or worse. Even whistleblowers who are not the "original source" of information are still protected from retaliation.

More significant than the money recovered, the FCA compels business to stay honest with the government -- cleaning up entire industries.  No wonder, then, that Hungary's Minister of Justice, Tibor Draskovics, announced plans for a similar law in Hungary. A recent Transparency International report also recommended whistleblower protection legislation as a way to deter corruption.
Business Hungary article on Whistle-blower Legislation
The Hungarian branch of the Chamber of Commerce recognizes how whistleblower remedies, and even cash awards, will encourage reports of wrongdoing and help honest businesses compete. I wonder, though, why honest American businesses are not promoting the FCA here in their homeland. The FCA routs out the the dishonest operators here too, and levels the playing field for honest businesspeople everywhere. It would be logical, then, if these same American businesses would support the False Claims Corrections Act when it is reintroduced in the new Congress.

Click here for an image of this Business Hungary article.