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

Today the National Whistleblower Center is excited to celebrate World Wildlife Day, a day that commemorates the signing of the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) 45 years ago in Washington, D.C. CITES was an important step forward in promoting the protection of wildlife and biodiversity around the world. While this is a day to celebrate, we should also remember that wildlife is currently under threat like never before. We are currently in the midst of a global extinction crisis.

Continue Reading National Whistleblower Center Celebrates World Wildlife Day

National Whistleblower Center Executive Director Stephen M. Kohn, in cooperation with the European Center for Whistleblower Rights, has called upon Malta’s Prime Minister Joseph Muscat and the Group of States Against Corruption (GRECO) to protect whistleblower Valery Atanasov.

A former IT administrator at the Malta Gaming Authority (MGA), Mr. Atanasov blew the whistle on dodgy regulatory practices that could have allowed gaming companies to operate without proper oversight. Atanasov explains that some MGA practices “create[s] conditions that allow suspicious financial operations, money laundering, and other criminal practices.”


Continue Reading Malta, We Have a Problem

National Whistleblower Center warns that Malta Gaming Authority lawsuit threatens rule of law

WASHINGTON, D.C. | FEBRUARY 28, 2018—The National Whistleblower Center (NWC), in cooperation with the European Center for Whistleblower Rights, requested the Group of States Against Corruption (GRECO), and the Prime Minister of the Republic of Malta to take immediate action to ensure that the whistleblower, Mr. Valery Atanasov, is not subjected to retaliation in violation of the Council of Europe’s Civil Law on Corruption and the domestic Malta whistleblower law.


Continue Reading U.S. NGO Calls Upon GRECO to Monitor Malta’s Implementation of Whistleblower Law in Valery Atanasov Case

Following Wednesday’s devastating Supreme Court decision in Digital Realty Trust, Inc. v. Somers, whistleblowers were in need of some good news. The Tenth Circuit answered the call yesterday with a solid decision in Gensberg v. Porter affirming an amicus brief submitted by the National Whistleblower Center.

Carl Genberg was an executive for the Ceregenix Corporation who suspected misconduct by the Board of Directors. When he suspected misconduct including insider training, he reported this to the Board. As a result of his actions, Genberg was fired. Yet when he brought a whistleblower suit before a federal district court, the judge dismissed his case upon a summary judgment motion by Ceregenix.


Continue Reading Whistleblowers Get Some Good News in Genberg v. Porter

In a memo dated January 29, 2018, Attorney General Jeff Sessions instructed Department of Justice (DOJ) heads to not communicate with “senators, representatives, congressional committees, or congressional staff” without first consulting with the DOJ Office of Legislative Affairs (OLA).

Senator Chuck Grassley (R-IA), a long-time advocate for whistleblower rights, has expressed his concern regarding the legality of the Attorney Sessions’ memo. In his response letter, Grassley writes that the memo “does not appear to comply with existing law.” In particular, it infringes on the rights of DOJ employees to “make protected disclosures directly to Congress.”


Continue Reading Sessions’ Memo To DOJ Threatens Whistleblower Rights

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

Esmond Martin, after decades of working undercover investigating the illegal wildlife trade, was found stabbed to death in his Nairobi home earlier this week.

Martin was an extraordinarily intelligent man. An American geographer from New York, Martin published books and extensive reports on Kenya, Tanzania, Vietnam, and Laos. But it may have been Martin’s bravery that got him killed.


Continue Reading To Honor Esmond Martin, U.S. Agencies Must Implement Wildlife Whistleblower Programs

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