Last month a U.S. District Court extended federal False Claims Act liability to bonding companies who have reason to know that they bonded construction firms who falsified their Service Disabled Veteran Owned Small Business (SDVOSB) status.  
Continue Reading Holding Bonding Companies Liable when a Construction Firm Falsifies its Service Disabled Veteran-Owned Status

On May 26, 2016, the Eleventh Circuit Court of Appeals issued a body blow to the SEC’s ability to go after corporations under the Foreign Corrupt Practices Act (FCPA) by imposing a five-year statute of limitations on disgorgement enforcement actions. The decision in SEC. v. Graham et al.  placed a five-year statute of limitations on all SEC disgorgement and declaratory relief enforcement actions. This holding conflicts with decisions previously issued by the D.C. and Ninth Circuits Courts of Appeal.
Continue Reading NWC Urges Immediate Appeal of the Eleventh Circuit’s Imposition of a Statute of Limitations on FCPA Disgorgement Enforcement Actions

In response to the Panama Papers — the more than ten million leaked documents from the Panamanian law firm, Mossack Fonseca, that exposed illicit financial activity and tax evasion through the use of anonymous offshore shell companies — the White House announced on May 6th that it would end the use of anonymous corporations in the United States and require disclosure of beneficial owners when foreigners deposit money or buy assets in the United States.

The White House announced that it plans to:
Continue Reading Obama Administration Proposes Oversight Reform in Response to Panama Papers

Sepp Blatter’s announced plan to step down as FIFA’s president to allow him the opportunity to remain “in a position to focus on profound reforms” flies in the face of the willful ignorance of the massive fraud and corruption he has exhibited for the last decade and a half. The manner and method of the announcement makes clear that meaningful reform is not the goal. Not a single concrete proposal or guidance followed. Instead, FIFA’s audit and compliance committee chairman, Domenico Scala, glumly mentions, “reforms will include fundamental changes to the way the organization is structured.” This statement is so lacking in substance as to render it meaningless.
Continue Reading Sepp Blatter’s Calls for Reform of FIFA Lack Substance

Dr. Duane BondsOn Monday, the United States Court of Appeals for the Fourth Circuit ruled in favor of a sickle cell disease researcher who blew the whistle on improper cloning of blood cell lines. The decision clears the way Dr. Duane Bonds (pictured) to proceed with her claim that the National Institutes of Health fired her in retaliation for blowing the whistle on the improper cloning of cell lines without consent.

This is the first case in which a federal employee will be allowed to pursue a whistleblower lawsuit in federal district court. Dr. Bonds’ attorney is Michael Kohn, president of the National Whistleblowers Center. Kohn said: “This decision expands the rights of some federal workers to pursue their whistleblower claims in federal district courts around the country. Unfortunately, since Congress continues to treat federal employees as second-class citizens this right is only available to federal employees who are able to bring a race, sex, age, national origin or religion claim in conjunction with a whistleblower claim. Otherwise, a federal employee has no right to a federal court hearing.”

Continue Reading NIH Whistleblower Wins Right to Federal Court Trial

Dennis BrutusDennis Brutus, died December 26th in Cape Town, South Africa, at the age 85. Dennis was one of the National Whistleblowers Center’s founding board members. He is a world-renowned poet and was always a voice of the downtrodden and dispossessed. Dennis Brutus was born in Salisbury, Southern Rhodesia, of South African parents, who returned to South Africa after Dennis was born. He was exiled from South Africa in 1966. Brutus was a pivotal figure in the anti-Apartheid movement. He was a critical thinker who forged a strategy on how to bring the horror of Apartheid to world attention.

From his involvement with college sports, he realized that the South African Olympic team was not open to athletes with the best records if they were black.  Brutus was determined to seek the exclusion of South Africa from the Olympics.  He co-founded the South African Non-Racial Olympic Committee (“SANROC”) with the secret goal of documenting superior athletic performance by black athletes who, in violation of the World Olympic Charter, were kept off South Africa’s Olympic teams.  When a representative from the World Olympic Committee (“WOC”) visited South Africa in 1963 Brutus broke into the meeting and presented the representative with SANROC’s documentation and was swiftly arrested for violating his banning order.

Continue Reading Remembering Dennis Brutus (1924-2009)