Iceland has passed its first-ever whistleblower legislation, providing comprehensive protections for employees in the public and private sectors. The law will take effect at the beginning of next year.
Members of the Supreme Court are skeptical of interpreting the statute of limitations in False Claims Acts cases in a way that would “help fraudsters,” according to attorney Stephen M. Kohn, who attended arguments today in a key False Claims Act case.
Kohn is author of an amicus brief in the case submitted on behalf of the National Whistleblower Center. A decision in Cochise Consultancy, Inc. v. United States, will determine the statute of limitations window for False Claims Act (FCA) cases when the government declines to intervene.
“The Justices appeared to understand the purpose of the False Claims Act is to help the government uncover fraud and were skeptical of interpreting the statute of limitations in a manner that would help fraudsters,” Kohn noted
More from Kohn’s report:
Demonstrating the Courts understanding as to why Congress would have wanted a longer statute of limitations when the relator moves a False Claims Act case forward, even without the government, Justice Sotomayor noted that, “in qui tam the recovery in bulk goes to the government.”…
In 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”.…
Longtime 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.…
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.
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.…
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 an IRS whistleblower reward based on a criminal tax prosecution.
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.
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.
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.