The 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 to the Securities and Exchange Commission (SEC) to avail themselves of anti-retaliation protections. As the National Whistleblower Center explained in its highly-praised brief, both foundational rules of statutory construction and pragmatic policy concerns should push the Court to rule in favor of the whistleblower. Unfortunately, Supreme Court watchers are currently predicting the opposite: a unanimous decision against whistleblower protections. Continue Reading
Today is GivingTuesday– a global day of giving that harnesses the collective power of individuals, communities and organizations worldwide to encourage people to donate to the causes close to their heart. With your support NWC has made some incredible progress in advocating for whistleblower rights! We’re looking forward to celebrating them all in the NWC end-of-year report, but in the meantime, here are just a few highlights from 2017.
Washington, 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”).
Thousands 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.
Washington, D.C., November 27, 2017. On Tuesday, Nov. 28th the United States Supreme Court will hear oral argument in Digital Realty Trust v. Somers, the first whistleblower case under the Dodd-Frank Act (DFA) to reach the Supreme Court. Continue Reading
Washington Post reports: Trump’s lack of appointments creating intolerable backlog of cases.
Washington, D.C. November 22, 2017. For years, whistleblowers have complained about the political nature of the Merit System Protections Board. Federal employees cannot have their whistleblower cases heard in federal district court, but instead must go before the MSPB, which is appointed by the President. Continue Reading
When Dr. Frederic Whitehurst initially blew the whistle on the systemic forensic fraud in the FBI crime lab, he could never have known it was the start of a lifelong fight for government accountability.
At a meeting last week, the Chemical Safety Board (CSB) announced that it would reverse its recommendation to institute whistleblower protections to workers on offshore oil rigs. This unfortunate turn will be bad for workers, destructive to the environment, and quite possibly even harmful to the energy industry. Continue Reading
SEC 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 returned to investors.” Continue Reading
Washington, D.C. November 15, 2017. Senator Charles Grassley (R-IA) has put forth two amendments to the Tax Cuts and Jobs Bill that are important to whistleblowers.
The major amendment addresses an issue that has been the subject of previous posts, defining the term “collected proceeds” in I.R.C. section 7623(b). The IRS and Department of Justice have taken the position whistleblowers who report criminal tax frauds, such as the numerous crimes committed by the largest Swiss banks, cannot obtain a whistleblower reward. They have argued that whistleblower rewards should not be paid on any criminal fines. Continue Reading