Month: January 2024

Action 7 of 2024 National Whistleblower Day

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Today is our last of seven days of action with the NWC to start the new year. Action 7 of 2024 is to recognize National Whistleblower Day. As many of you know, each year, the National Whistleblower Center holds a celebration for National Whistleblower Day. Congress recognizes the day each year. Yet, neither Congress nor the White House has taken action to permanently recognize July 30 as National Whistleblower Day.

On July 30th, 1778, the Founding Fathers instituted the first U.S. Whistleblower law to protect the government against fraud. We should celebrate this important part of history. I have long supported whistleblowers. A Marist Poll conducted by Whistleblower Network News demonstrated that the majority of voters in the U.S. also support whistleblowers. They also support increased Whistleblower protections. This bipartisan support for whistleblowers would surely extend to a Federal Day of Observance, like National Whistleblower Day.

Specifically, I am advocating for a mandate that federal agencies educate their employees about their right to blow the whistle. They should also celebrate the contributions whistleblowers have made to their agency and our democracy every year on July 30th.

Executive Order

Action 7 of 2024 urges President Biden to take executive action on behalf of whistleblowers. In doing so, he would be taking a tremendous step forward. This would enhance the federal government’s recognition of whistleblowers.

Urge the President to sign an Executive Order setting forth the following:

(1) July 30th is designated as “National Whistleblower Appreciation Day”; and

(2) The Federal Government shall implement the intent of the Founding Fathers, as reflected in the legislation passed on July 30, 1778 (relating to whistleblowers), by requiring each executive agency to recognize National Whistleblower Appreciation Day by—

(A) informing employees, contractors working on behalf of the taxpayers of the United States, and members of the public about the legal right of a United States citizen to “blow the whistle” to the appropriate authority by honest and good faith reporting of misconduct, fraud, misdemeanors, or other crimes; and

(B) acknowledging the contributions of whistleblowers. They play a vital role in combating waste, fraud, abuse, and violations of laws and regulations of the United States.

Whistleblower Contributions

Action 7 of 2024 recognizes the courageous contributions that whistleblowers have made to rooting out waste, fraud, and abuse. Whistleblowers are credited with bringing in billions of dollars per year to U.S. government coffers. The culture around whistleblowers, though, remains that of being ostracized and retaliated against.

Now more than ever, we need a permanent day of recognition for whistleblowers. This will show our nation’s commitment to truth, anti-corruption, and effective law enforcement. Help us make each July 30th National Whistleblower Day. This will change the culture. We can truly honor the contributions of whistleblowers. We will also foster their courage to speak up about wrongdoing.

Please send this prewritten email template to your officials asking that they recognize National Whistleblower Day. This day is about much more than an event or a holiday. It’s about changing the culture around whistleblowing in federal agencies. Check out more info here.

Recognized by the NWC, Tracie Burke is author of Motion to Quash. M2Q supports the Whistleblower Protection Act. If you would like to support journalism in the public interest, click here to donate. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC .

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Action 5 of 2024: Fix FCA Loopholes

Action 5 of 2024 is a very important initiative to fix the False Claims Act (FCA) loopholes. The qui tam provision of the False Claims Act is under attack. This is notable because reports by whistleblowers are responsible for over 70% of recovered assets under the FCA. These recoveries amount to over $50 billion. Thanks for all your support so far! We’ve completed over half of our actions to kick off 2024, and we only have three more to go!

Action 5 of 2024 asks you to please send this prewritten email template to your Representative. Demand that they pass the Administrative False Claims Act to close major loopholes in the law. Follow this link to read, Protect the False Claims Act. Write your representative today, about recent attempts to undermine the False Claims Act by corporate interests and huge lobbying powers.

In a June, 2023 FCA whistleblower case, Supreme Court Justice Clarence Thomas wrote a dissent. It contained language which questioned the constitutionality of the FCA whistleblower provisions. In the next months, multiple motions picking up on Thomas’ line of reasoning were filed. These motions pose a major threat to the United States’ most important and effective anti-fraud law.

Senator Charles Grassley (R Iowa) introduced S.659 – Administrative False Claims Act of 2023, which would close a loophole that fraudsters seek to exploit. It has already been passed unanimously in the Senate, and now it is up to the House to pass it.

The False Claims Act is a Success

Since its 1986 amendment, the False Claims Act has been extraordinarily successful. It has recovered over $72 billion in fraud between 1986 and 2022, according to the Department of Justice. Over 70% of the funds recovered have been triggered by qui tam, or whistleblower, cases. The FCA Qui tam provision has been lauded by both Republicans and Democrats. It is the most effective tool for fighting fraud. Additionally, it is one of the few government programs that brings money back into the pockets of the American people. It does so while protecting them.

Basically, Action 5 of 2024: Fix FCA Loopholes asks you to prevent the attempts to weaken the False Claims Act. Please urge your representatives to get this bill to the floor of the house as quickly as possible. Protect the American people and keep lobbyists and private interests out of the pockets of everyday taxpayers. Keep them away from the brave whistleblowers who use the False Claims Act to root out fraud.

Recognized by the NWC, Tracie Burke is author of Motion to Quash. M2Q supports the Whistleblower Protection Act. If you would like to support journalism in the public interest, click here to donate. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC .

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Action 4 of 2024 IRS Whistleblower Program Improvement Act

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On behalf of the National Whistleblower Center, M2Q is promoting Action 4 of 2024. We are supporting the IRS Whistleblower Program Improvement Act to reform and strengthen the IRS Whistleblower Program.

Presently, the Internal Revenue Service (IRS) fails to promptly compensate whistleblowers. As a result, these delays, which the IRS admits are average over 10-years, cause untold hardship to whistleblowers. Consequently, many have lost their jobs and careers. Thus, their only hope for economic survival is the compensation promised under law.

Action 4 of 2024

To help, send this prewritten email template to your Congressional officials, DEMANDING that they pass the IRS Whistleblower Improvement Act. Follow this link to read, Revitalize the IRS Program for more information about the bill.

Since its establishment in 2006, the IRS Whistleblower Program has become an integral part of the IRS’s enforcement efforts. The program, which offers monetary awards and anti-retaliation protections to individuals who report large-scale tax fraud, has allowed the U.S. to recover over $6.6 billion from wealthy tax cheats and corporations non-compliant with tax law.

In recent years, though, the program has been plagued by many issues and its efficacy is waning. Most notably, the program suffers from massive delays and whistleblowers are not remaining anonymous before Tax Court. 

Specifically, the bipartisan IRS Whistleblower Program Improvement Act addresses these issues and others through six common sense reforms: 

1. Clarifies a de novo standard of review for Tax Court appeals 

2. Incentivizes prompt award disbursal 

3. Establishes a presumption of anonymity for whistleblowers 

4. Ends the sequestration of whistleblower awards 

5. Improves the program’s annual report to Congress 

6. Modifies the treatment of attorney’s fees to be in line with other whistleblower programs.

Along with bipartisan support, advocacy groups like the National Whistleblower Center support this bill. 

A strong IRS Whistleblower Program is undeniably key to closing down the tax gap and holding tax cheats accountable. The IRS Whistleblower Program Improvement Act goes a long way in making this possible. 

Recognized by the NWC, Tracie Burke is author of Motion to Quash. If you would like to support journalism in the public interest, click here to donate. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC .

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Action #3 of 2024 Strengthen the SEC Whistleblower Program

Motion to Quash LLC urges Congress to strengthen the SEC Whistleblower Program and protect internal corporate whistleblowers by (1) passing the bipartisan SEC Whistleblower Reform Act of 2023 and (2) Calling on the SEC to broaden its definition of a voluntary whistleblower. 

 The SEC Whistleblower Program has revolutionized the enforcement efforts of the SEC. Since it was established in 2010, the program has recovered over $6.3 billion in sanctions from fraudsters, allowing over $1.5 billion to be returned to harmed investors. However, it has the potential to work even better if we fix these two problems.

Problem #1: One of the keys to the program’s success are the anti-retaliation protections provided to whistleblowers. Whistleblowers all too often face devastating consequences for blowing the whistle and these protections are key in both offering relief to brave whistleblowers and in incentivizing would-be-whistleblowers to come forward despite the threat of retaliation.

Unfortunately, a 2018 Supreme Court ruling weakened the program by stripping anti-retaliation protections from whistleblowers who report to internal compliance programs but not directly to the SEC. Since a vast majority of whistleblowers report internally this ruling has been devastating for whistleblowers. 

The bipartisan SEC Whistleblower Reform Act would restore anti-retaliation protections for internal whistleblowers and make a number of other small common sense reforms to strengthen the program. The bill is widely supported by whistleblower advocacy groups including National Whistleblower Center. Corporate whistleblowers have proven to be essential in keeping our markets fair and free of fraud. They need to be protected. 

Problem #2: The regulations approved by the SEC 12 years ago continue to violate the statutory rights granted whistleblowers under the Dodd-Frank Act and strip otherwise qualified whistleblowers of their rights. For instance, whistleblowers who first report to the news media have been denied protection and compensation, even though the law itself does not exclude them from protections. We know that 20% of FCPA prosecutions by the DOJ stem from tips by the media, and yet, the regulations by the SEC have cut these sources off from U.S. whistleblower qualifications, undermining the anti-corruption Strategy outlined by the White House. 

Congress must tell the SEC not to exclude whistleblowers who have informed the media or other Federal agencies first from their definition of whistleblowers with “original information.” Please see more info here: www.whistleblowers.org/campaigns/reform-sec-regulations/. 

https://motiontoquash.org Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of Motion to Quash. She can be reached at tracie@motiontoquash.org.Motion to Quash LLC  successfully promoted legislation that supports the Anti-Money Laundering Act of 2020 and amendments to the Whistleblower Protection Act. Please Support journalism in the public interest by contributing today. Click here to donate Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC 2019.  NWC’s mission is to support whistleblowers in their efforts to expose and help prosecute corruption and other wrongdoing around the world. 

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Action 2 of 2024 DOJ Must Accept Confidential Anonymous Disclosures

Action 2 of 2024 asks Congress to contact the Department of Justice to remind them to fully implement the law. The DOJ still hasn’t implemented procedures for dealing with confidential anonymous whistleblowers who report violations of the Bank Secrecy Act. The department has been legally obligated to do so since January 2021.

This includes illegal money laundering and the use of crypto currency exchanges to allow violations of law.

In December 2022, this law extended to whistleblowers worldwide. These individuals report violations of sanctions covering Russia, Hamas, ISIS, and other covered entities.

It contempt of its legal requirements, the Justice Department has ignored the law to adopt regulations permitting anonymous whistleblowing. Congress did its job, but Justice has dropped the ball. Action 2 demands that the Attorney General fully implement the United States Anti-corruption Strategy as a critical national security measure.

Action 2 for 2024

Urge Congress to contact the Department of Justice to remind them of their obligations to fully implement the law. Sometimes, whistleblowers are the best asset to fight against corruption, if given the proper protections and incentives. But, they are vulnerable when these protections are eroded. By extension, our democracy is also vulnerable.

Read NWC Chairman Stephen Kohn’s letter to the Department of Justice and Department of Treasury for specific details. You can find more information at https://www.whistleblowers.org/enact-aml-whistleblower-rules/.

Recognized by the NWC, Tracie Burke is author of Motion to Quash. If you would like to support journalism in the public interest, click here to donate. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC .

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Action 1 of 2024 Call on FinCEN to Enact AML Regulations

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Action 1 of 2024 urges legislators to DEMAND that FinCEN ensures that the process for whistleblowers aligns with U.S. anti-corruption priorities.

In December 2022, Congress passed the Anti-Money Laundering (AML) Whistleblower Improvement Act. The law establishes a whistleblower award program for individuals who report money laundering and sanctions violations. It is the most important anti-corruption law passed in decades.

Despite the urgent nature of this issue, the U.S. Treasury Department and Financial Crimes Enforcement Network (FinCEN) have not implemented the AML Whistleblower Improvement Act. Action 1 of 2024 calls on FinCEN to enact AML regulations.

Money laundering is intimately tied to corruption around the globe. Because the AML Whistleblower Program has a transnational reach, whistleblowers do not need to be U.S. citizens to qualify for awards. The program helps U.S. authorities tackle corruption overseas, including the most pressing national security crises. For example, the war between Hamas and Israel, the war between Russia and Ukraine, terrorist financing, and drug trafficking. It is vital that FinCEN implement its whistleblower program quickly and that its regulations fulfill the mandate in the U.S. Strategy on Countering Corruption.

For more information, please refer to the National Whistleblower Center’s (NWC) AML Regulations Web page.

Recognized by the NWC, Tracie Burke is author of Motion to Quash. If you would like to support journalism in the public interest, click here to donate. Motion to Quash ISSN 2644-1594 is the copyrighted property of Motion to Quash LLC .

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