Stephen M. Kohn

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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

In late 2017, federal prosecutors in the Southern District of New York (considered one of America’s most important judicial districts) settled a case against Notations, a garment wholesaler. In a case originally brought by a qui tam relator (a.k.a. a whistleblower), Notations admitted to ignoring repeated warning signs that its Chinese importer was lying about the value of its imported goods to avoid paying customs fees. As a result, Notations has agreed to pay $1 million in fees.
Continue Reading Customs Fraud, Wildlife Crime, and the Value of Whistleblowers

The release of the Steven Spielberg film The Post (starring Tom Hanks and Meryl Streep) has prompted a new upsurge in interest about whistleblowers. In 1971, Daniel Ellsberg released the Pentagon Papers to the New York Times, Washington Post and other newspapers which published the shocking revelations of how the American people had been lied to about the Vietnam War for decades.
Continue Reading NWC Executive Director Stephen Kohn Featured in Washington Post Video

The National Whistleblower Center released a new video featuring four prominent whistleblowers who share their personal stories of blowing the whistle and the backlash they faced for doing the right thing. “Whistleblowers Change the World,“  highlights the crucial role whistleblowers serve in exposing corruption at all levels of society and why we need a sustained grassroots movement to ensure the legal protections they require are upheld.
Continue Reading NWC Releases New Video: “Whistleblowers Change the World”

Washington Post reports: Trump’s lack of appointments creating intolerable backlog of cases.

Washington, D.C. November 22, 2017. For years, whistleblowers have complained about the political nature of the Merit System Protections Board.  Federal employees cannot have their whistleblower cases heard in federal district court, but instead must go before the MSPB, which is appointed by the President.
Continue Reading Federal Employee Whistleblowers Denied Due Process

Washington, D.C. November 15, 2017. Senator Charles Grassley (R-IA) has put forth two amendments to the Tax Cuts and Jobs Bill that are important to whistleblowers.

The major amendment addresses an issue that has been the subject of previous posts, defining the term “collected proceeds” in I.R.C. section 7623(b).  The IRS and Department of Justice have taken the position whistleblowers who report criminal tax frauds, such as the numerous crimes committed by the largest Swiss banks, cannot obtain a whistleblower reward. They have argued that whistleblower rewards should not be paid on any criminal fines.
Continue Reading Proposed Grassley Amendment Important for Whistleblowers

This term the U.S. Supreme Court will decide Digital Realty Trust v. Somers (Digital), one of the most important whistleblower cases to come before the Court in 20-years.   The Chamber of Commerce and its Wall Street allies want to strip all employees who report securities frauds internally to their compliance departments or managers from protection under the Dodd-Frank Act’s (DFA) whistleblower law.
Continue Reading Thousands of Whistleblower Cases in Jeopardy

Part of the “Quick Peek” Series, exploring the NEW edition of Stephen Kohn‘s Whistleblower’s Handbook.

One mental hurdle that prevents employees who want to blow the whistle from doing so “is a nagging doubt that they are powerless. Why blow the whistle if nothing will get better?” To many, it seems that the downside, including potentially losing one’s careers, outweighs an unclear benefit.  National Whistleblower Center Executive Director addresses this issue in the latest edition of his book, The New Whistleblower’s Handbook (Lyon’s Press, 2017).Continue Reading Rule 30 – Never Forget: Whistleblowing Works