Today, the U.S. Department of Justice officially dismissed their appeal of case Whistleblower 21276-13W and 21277-13W v. CIR, Case Nos. 17-1119 and 1120 (D.C. Cir.), marking a big win for IRS whistleblowers. Below is a statement from the whistleblowers’ attorneys.

The law firms of Zerbe, Miller, Fingeret, Frank & Jadav, PC (ZMF); Kohn, Kohn & Colapinto (KKC) and Robert Amsel, Esq. are pleased to announce today a key victory for tax whistleblowers with the filing of a joint stipulation for dismissal of the government’s appeal in the cases of Whistleblower 21276-13W and 21277-13W v. CIR, Case Nos. 17-1119 and 1120 (D.C. Cir.). The case was scheduled for oral argument on April 9, 2018 in the U.S. Court of Appeals for the District of Columbia Circuit.  It had pitted the U.S. Department of Justice and IRS against two whistleblowers whose information has led to $54.131 million in criminal penalties and civil forfeitures awarded against a major Swiss bank.  The DOJ and IRS were arguing that the tax whistleblower law did not apply to criminal tax cases that resulted in payments of fines and civil forfeitures.

Continue Reading DOJ Drops Case, IRS Whistleblowers to Receive $12.9 Million Award from Criminal Prosecution of Swiss Bank

DOJ withdraws appeal in criminal tax whistleblower case; whistleblowers to obtain US$12.9 million award

WASHINGTON, D.C. | MARCH 29, 2018—The U.S. Court of Appeals for the District of Columbia Circuit today will dismiss an appeal filed by the U.S. Department of Justice (DOJ) and Internal Revenue Service (IRS) challenging the right of whistleblowers to obtain a financial reward based on disclosing information that results in the criminal prosecution of tax evaders. The case concerned a major international financial institution that was sanctioned for illegally assisting U.S. citizens in evading taxes. The IRS had initially denied an award to the two whistleblowers.  The whistleblowers challenged the denial in Tax Court and prevailed.  However, the DOJ and IRS challenged this finding in the Court of Appeals. Today, at the request of DOJ, that appeal will be dismissed, and the two whistleblowers will become the first persons to obtain a whistleblower reward based on a criminal tax prosecution.

Continue Reading Historic Win for Tax Whistleblowers at International Financial Institutions

This week the National Whistleblower Center (NWC) met with the U.S. Department of Commerce (DOC) General Counsel Peter Davidson and Senior Counsel James Uthmeier to discuss the implementation of whistleblower laws in their agency. NWC was represented by Executive Director Stephen M. Kohn, Managing Director of the Global Wildlife Whistleblower Program Scott Hajost, and Co-Chairperson of the Board Dr. Gina Green.

Continue Reading National Whistleblower Center Meets with Top U.S. Department of Commerce Officials

Scale of Justice

Intelligence community whistleblower ombudsman Dan Meyer has been fired. This is a disturbing and problematic move. It is particularly surprising, or perhaps cynically appropriate, that this occurred shortly after members of the intelligence community (IC) met with whistleblower rights organizations earlier this month.

Continue Reading Intelligence Community Whistleblower Ombudsman Fired

Earlier this month Stephen M. Kohn, executive director of the National Whistleblower Center, attended a roundtable discussion with the National Security Agency (NSA) Inspector General (IG) Robert Storch. The meeting served as an avenue for the IG to hear comments on the NSA’s whistleblower program.

In attendance was Andrew Snowdon, NSA whistleblower coordinator and Office of the Inspector General (OIG) counsel, as well as representatives from the American Civil Liberties Union, Project on Government Oversight, and Government Accountability Project, among others.

Continue Reading “No Right Without a Remedy”: Why NSA Whistleblower Protections Are Lacking

National Whistleblower Center states that Malta Gaming Authority lawsuit is an attack on freedom of speech and expression

WASHINGTON, D.C. | MARCH 8, 2018—The National Whistleblower Center (NWC), in cooperation with the European Center for Whistleblower Rights, has written a follow-up letter to a February 28thcommunication to the Group of States Against Corruption (GRECO), urging them to intervene in the libel lawsuit that the Malta Gaming Authority (MGA) has filed against former employee and whistleblower Valery Atanasov.

To read the follow-up letter to the GRECO Executive Secretary, please click here.

Continue Reading U.S. NGO Calls Upon GRECO to Intervene in Libel Lawsuit Filed Against Whistleblower Valery Atanasov

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 take grave risks in using internal compliance programs. In light of the Supreme Court’s decision, whistleblowers should hire an attorney and take their complaints directly to the Securities and Exchange Commission (SEC).

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

Corporate 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 Act (DFA). Continue Reading Supreme Court Rejects Protecting Internal Whistleblowers

Crippling Loopholes in the Tax and Wall Street Whistleblower Reward Laws are Closed

WASHINGTON, D.C. | February 9, 2018The Bipartisan Budget Act of 2018, approved today by the U.S. Congress, included two key whistleblower-rights amendments initially introduced by Senator Charles Grassley (R-IA). These amendments ensure that employees who blow the whistle on criminal tax fraudsters are covered under the IRS whistleblower law, and end the double-taxation of whistleblower awards under the Dodd-Frank Act.

Continue Reading Big Win for Whistleblowers in Bipartisan Budget Act

A January 10th memo released by the Department of Justice states that attorneys should consider dismissing “meritless” and “parasitic” whistleblower cases filed under the False Claims Act (FCA). The FCA allows citizens to sue on the government’s behalf, should they report evidence of waste, fraud, or abuse of taxpayer dollars. Whistleblowers (called “relators” in this context), who file qui tam lawsuits under the FCA, are eligible to receive monetary rewards from the funds recovered.

Continue Reading DOJ Recommends Dismissing “Meritless” Whistleblower Cases