Category: Action Items

Our FinCEN Campaign Was a Big Success!

The FinCEN campaign for Motion to Quash LLC, initiated by Tracie Burke in collaboration with the National Whistleblower Center, successfully concluded its comment period regarding proposed rules for the AML Whistleblower Improvement Act. The initiative garnered widespread support from global advocates who emphasized that strong protections and timely rewards are critical for fighting transnational crimes such as money laundering and terrorist financing. With substantial feedback received from various organizations and supporters, FinCEN is now responsible for reviewing these contributions to inform its final rules for the whistleblower program.

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Our FinCEN campaign was a big success! The comment period for FinCEN’s proposed rules under the AML WIA has successfully ended. The initiative received widespread support from diverse groups, including the National Whistleblower Center, journalists, and advocates from across the globe. We emphasized that strong whistleblower protections and timely rewards are critical for fighting transnational crimes like terrorist financing, tax evasion, and money laundering. FinCEN is now responsible for reviewing all received feedback to inform its final rules for the whistleblower program.  

Motion to Quash LLC features a series of civic campaigns, notably “Action 1 of 2024.” In collaboration with the NWC, this initiative lobbies legislators to demand that the Financial Crimes Enforcement Network (FinCEN) enact proper anti-money laundering (AML) whistleblower regulations.

Journalist and whistleblower advocate Tracie Burke initiated the campaign for Motion to Quash LLC. She argues that FinCEN’s whistleblower program requires urgent implementation to align with U.S. anti-corruption priorities and combat transnational threats.

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Our FinCEN Campaign Was a Big Success!

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The FinCEN campaign is an initiative urging citizens to contact Congress and demand that FinCEN quickly implement mandates of the AML Whistleblower Improvement Act. It ensures protection for whistleblowers. It also properly incentivizes whistleblowers to report global corruption and sanctions violations.

The platform highlights how international sanctions and money laundering tied to global conflicts (e.g., in Russia and the Middle East) can be combatted if FinCEN regulations are fully activated.

For further details on how money laundering affects local and global politics or to review the progress of these specific policy actions, you can explore the Motion to Quash FinCEN Archive. 

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The National Whistleblower Center endorses our efforts to improve anti-corruption reporting procedures across FinCEN and the Department of Justice (DOJ). 

FinCEN Comments

Here are just a few of the messages FinCEN has received. Additionally, the National Whistleblower Center provided five comments. Also, a massive groundswell of support came from advocates like you.

 This link reads a joint comment from international whistleblower advocates and journalists from around the world.

Senator John Fetterman (D-PA) in a letter to FinCEN, addressed many of the NWC’s chief concerns. “Protecting, empowering, and rewarding whistleblowers is crucial to that mission.”

Our FinCEN Campaign Was a Big Success! external link

TAF Coalition submitted comments on the proposed rules for FinCEN’s Whistleblower Program.

Without people like you, we would not be able to continue our mission to protect whistleblowers around the globe. To help us, go to our donation link. Also, sign up for our newsletter by using the form below.

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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 .

The National Research Act Prohibits RFK’s Autism Research Plan

Secretary of Health and Human Services Robert Kennedy Jr. proposed a controversial study involving an involuntary registry of individuals with autism, raising significant ethical concerns regarding privacy and discrimination. Established guidelines for research involving human subjects emphasize the necessity of informed consent and the protection of vulnerable populations, highlighting the risks of disablist practices.

Secretary of Health and Human Services Robert Kennedy Jr. announced a study that violates the National Research Act. It goes against basic ethical principles and guidelines for autism research. He requests a study using an involuntary registry of persons with autism to create a database.

According to the National Research Act, this poses some troubling ethical questions of privacy, discrimination, and legal harm. It does not define the standard for judging the quantity of information. Nor does it specify what information should be provided for the study.

The National Research Act

The National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research provides principle guidelines. According to these guidelines, research involving persons with Autism and other developmental disabilities requires extensive protections.

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The National Research Act (Pub. L. 93-348) was signed into law on July 12, 1974. It established the National Commission for the Protection of Human Subjects of Biomedical and Behavioral Research. Also, it introduced the Belmont Report and Institutional Review Boards (IRBs).

The Commission identified basic ethical principles for biomedical and behavioral research involving human subjects and defined these principles clearly. Then, it developed guidelines to make sure such research follows those ethical principles.

Factors

In carrying out the above tasks, the Commission considered several factors:

  • Examined boundaries between biomedical and behavioral research and the accepted and routine practice of medicine.
  • Assessed the role of risk-gain criteria in determining the appropriateness of research involving human subjects.
  • Defined the nature and definition of informed consent in various research settings.

Based on this, the Commission developed appropriate guidelines for selecting human subjects for participation in research.

Basic Ethical Principles

  • A review committee uses Assessment of Risks and Benefits to decide if the risks presented to subjects are justified.
  • Persons with diminished autonomy are entitled to protection.
  • The principle of respect for persons divides into two separate moral requirements. Firstly, is the need to acknowledge autonomy. Secondly, is the obligation to protect those with diminished autonomy.

Thus, it is unethical to conduct a discriminatory study for the potential use of an autism database. Clearly, creating an involuntary registry of persons with autism and other developmental disabilities is wrong.

The Nature and Scope of Risks and Benefits

The National Research Act states an assessment of risks and benefits requires a careful arrayal of relevant data. This includes different ways of obtaining the benefits sought in the research.

The risks that RFK’s proposal presents to the subjects are unjustified. Kennedy appears to be ipso facto a disablist, contributing to the possibility that harm to autistic individuals will occur.

The cause of Autism

The exact cause of autism is complex. Genetics is the strongest factor considered and it contributes to the development of autism spectrum disorder (ASD). According to UCLA Medical School, research indicates that 80% of autism risk is linked to inherited genes. Environmental factors and random mutations play a smaller role.

Additionally, a Twin study shows that about 90% of the variation in autism can be attributed to genetic factors. 

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The Heritability of Autism Spectrum Disorder

Conflict of Interest

A conflict of interest exists since Robert Kennedy still maintains financial interests in anti vaccine lawsuits. This requires a review by the Office of Government Ethics.

Autistic populations are already burdened in many ways by their disabilities and environments. When proposed research involves risks and lacks a therapeutic part, basic ethical principles guarantee their protection. Hence, they must not be involved in research solely for administrative convenience or political purposes.

Call or write your legislators!

Call or write to your legislators today and urge them to oppose Robert Kennedy’s unethical autism registry. Click here to contact US Congress

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

“Action 3 of 2024” advocates for Congress to strengthen the SEC Whistleblower Program, which has historically been critical in recovering over $6.3 billion in sanctions since 2010. The article highlights two primary issues requiring reform: a 2018 Supreme Court ruling that reduced anti-retaliation protections for those reporting internally rather than directly to the SEC, and outdated SEC regulations that exclude whistleblowers who report to the media or other agencies from receiving protection and compensation. The initiative supports the bipartisan SEC Whistleblower Reform Act and urges the SEC to broaden its definition of “original information” to ensure those who expose fraud are fully protected and incentivized

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Action 3 of 2024 urges Congress to strengthen the SEC Whistleblower Program. The program protects corporate whistleblowers by passing the bipartisan SEC Whistleblower Reform Act of 2023. Additionally, it calls for 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. Thus, allowing over $1.5 billion to be returned to harmed investors. But, 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. 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. It will make a number of other small common sense reforms to strengthen the program. Motion to Quash LLC widely supported the program, as did whistleblower advocacy groups including National Whistleblower Center. Corporate whistleblowers have proven to be essential in keeping our markets fair and free of fraud, so they need protection. 

Problem #2:

The regulations approved by the SEC 12 years ago continue to violate the statutory rights granted whistleblowers under the Dodd-Frank Act. 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. 

Action 3 of 2024 Strengthen the SEC Whistleblower Program

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/. 

Tracie Burke is author of Motion to Quash. If you would like to support journalism in the public interest, click here to donate. Or, you can use the QR code below.  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

Action 1 of 2024 Call on FinCEN to Enact AML Regulations external link

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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Join the Campaign for Judicial Integrity in Louisiana

The Campaign for Judicial Integrity in Louisiana, led by Motion to Quash LLC, seeks to eliminate judicial corruption by prohibiting judges from accepting attorney contributions. The initiative aims to provide citizens with the tools to challenge corrupt judges, ensuring fair trials and restoring integrity to the judicial system. Citizens are encouraged to contact their legislators for support.

Have you ever been affected by a Judge’s decision in Louisiana? Did the decision affect you in such a way that you lost money? Were you left at risk of ongoing abuse? Or were you not allowed to visit your children? Chances are that you have. Did you feel the court was corrupt? The answer to that is probably yes. If so, Motion to Quash LLC has the solution. Join the Campaign for Judicial Integrity in Louisiana.

Motion to Quash LLC wants you to get precise and understandable information. Additionally, we want to show how you can help stop judicial corruption in Louisiana.

Join the Campaign for Judicial Integrity in Louisiana today, and help remedy those problems and make the process right. It’s time to remove the Louisiana judiciary of bad and corrupt judges.

Harmful Effect of Money in Louisiana Government

No one can get a fair trial if judges accept illegal payments from attorneys. Judges are also shielded by retroactive immunity from criminal prosecution.

Presently, a significant number of judges in Louisiana accept illegal payments from attorneys in the form of campaign contributions. Motion to Quash LLC is taking legislative steps to prohibit judges from serving in the district where those attorneys practice.

What You Can Do to Rid the Louisiana Judiciary of Bad and Corrupt Judges

There is continuing fraud before the courts in Louisiana and the Louisiana judicial system is in a crisis. This is the underlying story. Judges have corrupted the Louisiana judicial system by receiving illegal contributions and payments to increase their own interests.

The Louisiana Supreme Court, Court of Appeal, and Superior Court Justices know many Louisiana judges are disqualified under law. First, the attorney gave them a criminal payment. The attorney then: (1) appears before them as a party; (2) appears as a witness; or (3) has an interest.

How to Disqualify Your Judge

Responsibility falls on citizens to reclaim our justice system. To do this, qualified litigants can file LA Code Crim Pro 987 based on fraud upon the court. Use the Motion to Set Aside Conviction and Dismiss Prosecution forms. Also, use the Rule to Show Cause and the Order of Dismissal forms. Here is a link to the forms provided by LSAC http://www.lasc.org/rules/City_Parish/Uniform_Forms_for_City_Parish_Courts.pdf

The Supremacy Clause of the Constitution of the United States (Article VI, Clause 2)

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Federal laws also offer an opportunity to reverse the judge’s ruling, thus allowing the case to reach its logical conclusion.

The Supremacy Clause of the Constitution establishes the Constitution as the “supreme Law of the Land.” This means that the Constitution holds the highest authority. Federal laws made according to it and treaties under its authority also constitute this supreme law. They thus take priority over any conflicting state laws.

Section 1346 of Title 18, United States Code

Section 1346 of Title 18, United States Code provides an intangible right to honest services.  Federal prosecutors have applied the statute in cases of public corruption. They have also applied it in cases where private individuals breached a fiduciary duty to another.

Join the Campaign for Judicial Integrity in Louisiana

Exercise Your Rights & Contact Your Legislators

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Motion to Quash LLC is drafting legislation and sending it to every legislator. Ultimately, our goal is to stop any judge from receiving payments from attorneys who practice in the same district. The next step for you, the voters, will be to exercise your rights to contact your legislators. They are your representatives and work for you. Urge them to pass the amendment. Remember, these payments have affected every aspect of the court system, so now is the time for action.

“If you have been hurt by a judicial decision or by a corrupt judge and you want to do something about it, this is the only thing that you can do. Protesting in the street is not going to get you anywhere. Making music or noise is not going to get you anywhere. Exercising your right will get you somewhere.” – Dr. Richard Fine, Founder, Vote for Justice, Campaign for Judicial Integrity.

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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