A review of 100 recent Act to Prevent Pollution from Ships (APPS) prosecutions available on Public Access to Court Electronic Records (PACER) sheds light on the bipartisan support for the whistleblower provisions in APPS. From President Clinton, to Bush, to Obama, and now to Trump, law enforcement has continued to utilize whistleblowers as a crucial components of APPS enforcement. The data shows that rewards were given to whistleblowers during both Republican and Democratic administrations.
WASHINGTON, D.C. | May 11, 2018—In an analysis of 100 recent Act to Prevent Pollution from Ships (APPS) prosecutions available on Public Access to Court Electronic Records (PACER), court records reveal that whistleblowers were responsible for over 75% of all successful cases in the years ranging from 1993-2017. Kohn, Kohn & Colapinto LLP (KKC) completed this review in order to provide a snapshot of how the whistleblower reward provision has been implemented in APPS cases.
According to a statistical analysis conducted by KKC, the United States obtained over $270 million in sanctions from 100 polluters and paid 206 whistleblowers a total of more than $33 million in rewards under APPS. Additionally, over $63 million was ordered by courts to be used for beneficial purposes in fighting ocean pollution. Organizations that received restitutions include the National Fish and Wildlife Foundation, National Marine Sanctuary Foundation, and Smithsonian Environmental Research Center.