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Category Archives: Corporate Whistleblowers

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National Whistleblower Center Executive Director Explains Why Supreme Court Decision in Digital Realty is Disastrous for Internal Compliance Programs  

Posted in Corporate Whistleblowers, Legislation, News
National Whistleblower Center Executive Director Explains Why Supreme Court Decision in Digital Realty is Disastrous for Internal Compliance Programs  In Digital Realty Trust v. Somers the Supreme Court issued a destructive decision that will have far-reaching consequences for whistleblowers. Seemingly unaware of the practical consequences of its decision, the Supreme Court unanimously ruled to leave whistleblowers who report internally without critical protections under the Dodd-Frank Act. Writing for Law 360, NWC Executive Director Stephen M. Kohn explains that employees now… Continue Reading

Whistleblowers Get Some Good News in Genberg v. Porter

Posted in Corporate Whistleblowers, Department of Labor, News
Whistleblowers Get Some Good News in Genberg v. PorterFollowing Wednesday’s devastating Supreme Court decision in Digital Realty Trust, Inc. v. Somers, whistleblowers were in need of some good news. The Tenth Circuit answered the call yesterday with a solid decision in Gensberg v. Porter affirming an amicus brief submitted by the National Whistleblower Center. Carl Genberg was an executive for the Ceregenix Corporation who suspected misconduct by the… Continue Reading

Supreme Court Rejects Protecting Internal Whistleblowers

Posted in Corporate Whistleblowers, News
Supreme Court Rejects Protecting Internal WhistleblowersCorporate Compliance Programs Crippled and Thousands of Employees Lose Protection Washington, D.C. | February 21, 2018 — In a groundbreaking anti-whistleblower decision, the U.S. Supreme Court ruled today that employees who report violations of securities law to their supervisors or corporate compliance programs, but not to the Securities and Exchange Commission (SEC), are not protected from retaliation under the Dodd-Frank… Continue Reading

Whistleblowers Beware: Your Work Computer Is Probably Monitored

Posted in Corporate Whistleblowers, Environmental Whistleblowers, FBI Whistleblower Blog, FBI Whistleblowers, FDA Whistleblowers, Government Whistleblowers, Tax Whistleblowers, Trucker whistleblowers, Whistleblower FAQ, Wildlife Crime Whistleblowers
Before Blowing the Whistle, Make Sure to Secure Your Tech PrivacyPicture this: while at work you become aware of conduct that you believe is unethical, illegal, or qualifies as government waste, fraud, or abuse. You decide you want to blow the whistle. But before you act, be careful! Most corporate and government networks log traffic. Your work computer and phone are not private. When you use a company or department… Continue Reading

LuxLeaks: Antoine Deltour Recognized as Whistleblower by Luxembourg Court

Posted in Corporate Whistleblowers, News
LUXEMBOURG CITY, LUXEMBOURG | January 11, 2018 — A Luxembourg court today has overturned the verdict against a “LuxLeaks” whistleblower who was convicted of leaking thousands of documents that revealed tax breaks for multinational firms. Former PricewaterhouseCoopers (PwC) employee Antoine Deltour was serving a six-month suspended sentence for leaking files related to tax-evasion schemes.  … Continue Reading

CFTC Expanding Whistleblower Program

Posted in Corporate Whistleblowers
CFTC Expanding Whistleblower ProgramThe return from Thanksgiving holiday has been tough for advocates of whistleblower protections and common sense financial regulation. Last week, the Supreme Court heard Digital Realty Trust v. Somers, which concerned whistleblower protections under the Dodd-Frank Act. The Court appears poised to eviscerate internal whistleblower protections, as the justices seemed sympathetic to Digital’s argument that whistleblowers must report alleged misconduct… Continue Reading

Supreme Court Poised to Eviscerate Internal Reporting

Posted in Corporate Whistleblowers
U.S. Supreme CourtWashington, D.C. November 28, 2017. Rejecting arguments by Senator Charles Grassley, the Securities and Exchange Commission (“SEC”) and numerous representatives from the whistleblower community, during today’s oral argument in Digital Realty Trust v. Somers (No. 16-1276), the U.S. Supreme Court Justices expressed support for stripping internal whistleblowers of protection under the Dodd-Frank Act (“DFA”).… Continue Reading

Supreme Court Hears Major Whistleblower Case Today

Posted in Corporate Whistleblowers, News
Supreme Court Rejects Protecting Internal WhistleblowersThousands of Whistleblowers At-Risk of Losing Protection WASHINGTON, DC – DISTRICT OF COLUMBIA, UNITED STATES, November 28, 2017 — The United States Supreme Court will hear oral argument today in a major precedent setting whistleblower case, Digital Realty Trust v. Somers. the first whistleblower case under the Dodd-Frank Act (DFA) to reach the Supreme Court.… Continue Reading

SEC’s Annual Report Confirms $50 Million Paid to Whistleblowers

Posted in Corporate Whistleblowers
SEC Says Employees Protected For Internal WhistleblowingSEC anticipates paying an additional $221 million to whistleblowers in FY2018. Washington, DC, November 16, 2017.  The Securities and Exchange Commission’s Office of the Whistleblower issued its annual report today. The Commission confirmed that “whistleblowers have provided tremendous value to its enforcement efforts and significantly helped investors.” It also confirmed that whistleblower disclosures have “directly” contributed to “hundreds of millions of dollars… Continue Reading

The Isolation is Just Momentous When You’ve Spoken Truth to Power

Posted in Corporate Whistleblowers, Events
Sherron Watkins, Enron WhistleblowerThe 2002 Enron scandal drew global attention and Sherron Watkins became forever known as the Enron whistleblower. Speaking at National Whistleblower Day earlier this year, she praised the crucial role whistleblowers play in demanding transparency and accountability from our corporations and government, and recognized the incredible progress made in whistleblower protections since the collapse of Enron.… Continue Reading

Wall Street’s War on Corporate Whistleblowers Reaches Supreme Court

Posted in Corporate Whistleblowers, Legislation, News
U.S. Supreme CourtThe fate of corporate whistleblowers and compliance programs is on the line as the U.S. Supreme Court reviews the case of Digital Realty Trust V. Somers. At issue in this case is whether whistleblowers who report potential violations within their organizations, as opposed to reporting directly to the U.S. Securities and Exchange Commission (SEC), are protected under the Dodd-Frank Act (DFA).… Continue Reading

Thousands of Whistleblower Cases in Jeopardy

Posted in Corporate Whistleblowers
This term the U.S. Supreme Court will decide Digital Realty Trust v. Somers (Digital), one of the most important whistleblower cases to come before the Court in 20-years.   The Chamber of Commerce and its Wall Street allies want to strip all employees who report securities frauds internally to their compliance departments or managers from protection under the Dodd-Frank Act’s (DFA)… Continue Reading

U.S. Supreme Court to Review Dodd-Frank Anti-Retaliation Provisions

Posted in Corporate Whistleblowers, News
Corporate whistleblower protection “undermined” if internal complaints not protected. Washington, D.C. June 26, 2017.  The U.S. Supreme Court granted certiorari today in the case of Digital Realty Trust, Inc. v. Somers, Paul.  The Court will decide the issue of whether internal reports to managers are covered under the Dodd-Frank Act’s anti-retaliation law.… Continue Reading

NWC Statement Clarifies History Behind Dodd-Frank Anti-Retaliation Provisions

Posted in Corporate Whistleblowers
Internal whistleblowers protected by Dodd-Frank ActCorporate Attack on Internal Whistleblowers Rebutted In an article published on June 22, 2017,  by Law360, Stephen M. Kohn, executive director of the National Whistleblower Center (NWC) and partner in the whistleblower rights law firm of Kohn, Kohn and Colapinto, revealed previously unknown information regarding the legislative history of the anti-retaliation language in the Dodd-Frank Act (Dodd-Frank).  A controversy exists regarding these… Continue Reading

NWC Leads Opposition to Anti-Whistleblower Financial CHOICE Act

Posted in Corporate Whistleblowers
Later this week, the House of Representatives is set to vote on the Financial CHOICE Act. Congressman Jeb Hensarling (R – TX), Chair of the House Financial Services Committee, designed and championed this bill. The CHOICE Act will repeal major parts of the Dodd-Frank Wall Street Reform and Consumer Financial Protection Act, and deregulate U.S. financial markets. The bill also advances… Continue Reading

National Whistleblower Center Testifies Before House Committee in Defense of the SEC Whistleblower Program

Posted in Corporate Whistleblowers
Today, National Whistleblower Center Executive Director Stephen Kohn submitted testimony to the House Financial Services Committee in defense of the Securities and Exchange Commission’s (SEC) whistleblower program—a highly successful program that has protected investors and recovered $1 billion from Wall Street fraudsters since its inception. Section 823 of the draft Financial Choice Act of 2017 directly, and negatively, impacts the… Continue Reading

Amicus Filed in Major SOX case, Genberg v. Porter

Posted in Corporate Whistleblowers
On Friday, January 6th 2017, the National Whistleblower Center filed an Amicus Brief before the Tenth Circuit in Genberg v. Porter. The Genberg case deals with the definition of reasonable belief under the Sarbanes-Oxley Act (SOX). SOX requires whistleblowers to have a reasonable belief that a violation has happened or might happen in the future in order to be protected.… Continue Reading

SEC: Incentives for Whistleblowers Best Way to Uncover Securities Law Violations

Posted in Corporate Whistleblowers, International
Washington, DC, November 16, 2016. The Securities and Exchange Commission (SEC) Whistleblower Program had its most successful year to date in 2016. The agency, which issued its annual report to Congress today, reports it issued awards totaling over $57 million in 2016—higher than all award amounts issued in previous years combined. The Office of the Whistleblower (OWB) received over 4,200… Continue Reading

Brazilian Aircraft Maker Settles Bribery Charges for $205 Million

Posted in Claim SEC Award, Corporate Whistleblowers, International
On Tuesday October 25th, the Securities and Exchange Commission announced a global settlement along with the U.S. Department of Justice and Brazilian authorities that requires aircraft manufacturer Embraer S.A. to pay more than $205 million to resolve alleged violations of the Foreign Corrupt Practices Act (FCPA).… Continue Reading