Stephen M. Kohn Executive Director National Whistleblowers Center 3238 P Street, NW, Washington, DC 20007 sk@whistleblowers.org

What is A Whistleblower? One whose loyalty is to the truth One who exposes government or corporate misconduct, violations of environmental laws, threats to the public safety, or other violations of the law, risking his or her financial security and professional reputation in an effort to serve the public interest.

Our Mission The National Whistleblowers Center defends the public interest by protecting the right of employees to expose waste, fraud, corruption, discrimination, and other illegal activities. We are guided by the principle that an open society cannot exist without the free-flow of information.

WHISTLEBLOWERS NEED PROTECTION “Workers who stand up for their co-workers and the public good against lawbreaking employers are among the unsung heroes of our society.” -John J. Sweeney, President of the American Federation of Labor and the Congress of Industrial Organization "They were people who did right by just doing their jobs rightly... with the bravery the rest of us always hope we have and may never know if we do.” -Time Magazine naming three whistleblowers Persons of the Year "Our lives begin to end the day we become silent about things that matter." -Martin Luther King Jr.

CHANGE: LAW ENFORCEMENT As a result of disclosures made by FBI whistleblower Dr. Frederic Whitehurst: The Federal Bureau of Investigation underwent outside oversight for the first time in its history The FBI was forced to have the lab accredited Irresponsible forensic examiners were removed from their laboratory positions President Clinton issued a directive ordering the FBI to protect whistleblowers Criminal cases relying on bad forensic science were reopened

CHANGE: ENVIRONMENTAL ProtectioN EPA Analyst William Sanjour In his 25 years at the Environmental Protection Agency, Mr. Sanjour was a vocal critic of policies that coddled polluters. His whistleblowing set a major precedent when the Federal District Court (DC Circuit) issued a nationwide injunction protecting the First Amendment rights of federal employees who blow the whistle on their agency.

CHANGE: NUCLEAR SAFETY

CHANGE: ATOMIC WEAPONS

CHANGE: WAR ON TERROR

CHANGE: PUBLIC HEALTH Jeffrey Wigand, a former tobacco executive revealed that the tobacco industry was not only aware that cigarettes are addictive and harmful, but deliberately worked on increasing that addictiveness.  Al Pacino and Russell Crowe started in the critically acclaimed film “The Insider” depicting Wigand’s story

CHANGE: WORKER SAFETY Karen Silkwood worked at a nuclear plant and died under mysterious conditions after testifying before the Atomic Energy Commission about numerous violations of health regulations, including exposure of workers to contamination, faulty respiratory equipment and improper storage of samples. The movie “Silkwood” that follows these occurrences won an Academy Award for Best Actress (Meryl Streep) and Best Supporting Actress (Cher)

Strategy Inform the public about safety hazards, corruption and fraud in government contracting Defend whistleblowers from employer retaliation Change society’s perception and policies Reward whistleblowers who do the right thing

False claims act America’s first real whistleblower law -- Signed by President Abraham Lincoln in 1863 Qui Tam – Permits whistleblowers to sue in the name of the United States and obtain damages on behalf of the government Persons found guilty of stealing from the taxpayers or improperly obtaining government contracts must pay three times the amount of the fraud plus $10,000.00 per/violation All US government contracts are covered, including international contracts or grants If the U.S. government recovers money, the person who reported the fraud to the U.S. will be awarded a portion of the funds recovered. Whistleblowers obtain 15-30% of the recovery

U.S. Civil Fraud

U.S. Civil Fraud

U.S. Civil Fraud

Problems Discovered by PricewaterhouseCooper CORPORATE WHISTLEBLOWER PROTECTIONS “No industry is immune from the threat posed by economic crime” “Over 80 percent of our respondents [5,000 companies surveyed internationally] who suffered fraud also stated that this had caused damage or significant damage to their businesses”

Whistleblowers #1 in Fraud Detection According to a 2007 PricewaterhouseCoopers’ survey: Professional auditors were only able to detect 19% of the frauds on private corporations Whistleblowers exposed 43% of frauds Executives surveyed estimated that whistleblowers saved billions of dollars

PriceWaterhouse Coopers Recommendation Companies cannot rely on fraud controls alone to detect and deter economic crimes” “The answer lies in establishing corporate culture that supports control efforts and whistle-blowing systems” “Companies need to…give employees the confidence to do the right thing”

The people now Support Whistleblowers 2007 Survey of USA voters: 79% support strong whistleblower protection laws

Key Components for Successful Whistleblower Law Due Process -- Independent Judicial Review Adequate Damages – Reinstatement, back pay, compensatory damages, attorney fees, costs and injunctions Independent Investigations Rewards for Doing the Right Thing – Qui Tam

NWC online Resources www.whistleblowers.org Visit our Web site for: Learn more about the law/publications News Alerts and updates Answers to frequently asked whistleblower questions Access to a comprehensive Internet law library/publications A blog featuring the latest whistleblower news and legislation (www.whistleblowersblog.org)

www.whistleblowers.org

NWC Resources for You www.whistleblowers.org An examination of the federal laws that protect whistleblowers and their rights. Includes the common law protections available in each of the 50 states. A comprehensive compilation of over 90 federal statutes and regulations. Readers find all of the laws and rules applicable to whistleblowers. Outlines current U.S. laws that allow private citizens who witness fraud against the government to “blow the whistle” and recover a portion of the money recovered.

Sources Taxpayers Against Fraud. http://www.taf.org/ Department of Justice. http://www.usdoj.gov/ 2007 PricewaterhouseCooper Survey. www.pwc.com/crimesurvey Kohn, Stephen Concepts and Procedures in Whistleblower Law Federal Whistleblower Laws and Regulations False Claims Act: Federal, State and Municipal Qui Tam Laws