International Anti-Corruption DayIn honor of International Anti-Corruption Day 2018 on December 9th, Maya Efrati, Policy Counsel for the National Whistleblower Center looks back at the past year to review the significant efforts made on behalf of whistleblowers around the world.

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The National Whistleblower Center (NWC), the nation’s top whistleblower advocacy group, has led the fight for whistleblower protections and rewards for over 30 years. This past year, the NWC frequently worked with anti-corruption activists and dedicated governments officials worldwide to help build effective anti-corruption programs as part of its outreach to international whistleblowers. The NWC understands that anti-corruption work can be most effective only when it is a unified global approach, as reflected in this year’s theme for International Anti-Corruption Day: “United Against Corruption”. Continue Reading The National Whistleblower Center Leads Anti-Corruption Efforts Worldwide on Behalf of Whistleblowers

Grassley: FBI, DOJ Employees Have Protections, Legal Right to Blow the WhistleLongtime advocate of whistleblower protections Sen. Chuck Grassley delivered a strongly-worded floor statement to the United States Senate on Thursday, saying that FBI whistleblowers, and all federal law enforcement agents, are protected when reporting misconduct to Congress, and they should not fear retaliation. The Senator from Iowa and Chairman of the Senate Judiciary Committee cleared up any misconception of agents not being able to approach Congress without a subpoena. Continue Reading Senator Grassley Reminds FBI Agents of Their Whistleblower Rights

Act to Prevent Pollution from Ships (APPS) whistleblower law brings dividends

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.

Continue Reading Whistleblower Detection Credited in 76% of Last 100 APPS Cases

IRS-Whistleblower-Building-Washington-DCToday, 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

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

Earlier today, the National Whistleblower Center (NWC) joined a friend-of-the-court brief filed with the Supreme Court in support of FBI whistleblower John Parkinson’s petition for certiorari, seeking review of the Federal Circuit’s decision denying veterans’ preference-eligible FBI employees the right to raise whistleblowing as an affirmative defense in an appeal to the Merit Systems Protection Board (MSPB).

The amicus brief, filed on behalf FBI whistleblowers Michael German, Robert Kobus, Jane Turner, and Frederic Whitehurst, as well as the NWC and the Project on Government Oversight, details why the Department of Justice’s procedures for FBI whistleblowers are not an adequate substitute for a veterans’ preference-eligible FBI employee raising a whistleblower claim in an MSPB case.

Continue Reading NWC Joins SCOTUS Amicus Brief with FBI Whistleblowers

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  

Yesterday, a delegation from the Republic of Armenia visited the National Whistleblower Center (NWC) for a presentation about best practices to fight corruption and the implementation of whistleblower laws. The visit was facilitated by the International Visitor Leadership Program (IVLP), an initiative of the U.S. Department of State.

Attendees from the delegation included representatives from Armenia’s criminal court system (including both a lead judge and prosecutor), the Judicial Department, the Council of Justice, and the Ministry of Justice.

Continue Reading Delegation from Armenia Visits the National Whistleblower Center