Tag: Anti-corruption

Policy Sprint for DOJ Whistleblower Rewards Program

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Our actions in partnership with NWC to promote DOJ’s Policy Sprint to develop a whistleblower program are a success. Almost 3,000 messages have been sent, demanding that our recommendations are met, but we need more! We need your participation to meet our goal of 5,000. It only takes the click of a button. 

To emphasize why our best-practice recommendations are so important, former Acting Chair of the SEC, Allison Lee, explains what these best-practices have accomplished for the SEC:

“Since 2010, the SEC Whistleblower Program has received more than 80,000 whistleblower tips, awarded more than $1.9 billion to whistleblowers, and has recovered more than $6.3 billion in total monetary sanctions including more than $4 billion in disgorgement of ill-gotten gains and interest.” (See Lee’s article in Harvard Law School Forum on Corporate Governance for more)

Send a Message to the Department of Justice, Congress, and the White House

The government needs to hear from you! The Department of Justice Whistleblower Program has the potential to be the most effective whistleblower program since Dodd-Frank. This is possible only if it models best practices. It must also consider the experiences of international whistleblowers. Fill out this quick form to send a letter template with our recommendations to those in positions of power. 

 Use NWC’s letter template to DOJ leaders, the Executive Branch, and Congress, explaining why best practices are so important.

The Best Practices We’re Calling for:

  • Anonymous and Confidential Reporting Channels: The DOJ must establish anonymous and confidential reporting channels. This is mandated by Congress under the Anti-Money Laundering (AML) Act of 2020. These channels, consistent with Dodd-Frank programs, are essential for incentivizing high-quality reports and protecting whistleblowers.
  • Establishment of a Whistleblower Office: A dedicated whistleblower office is imperative. It should be modeled after those at the SEC and CFTC. This office will effectively process anonymous tips and ensure compliance with anonymity provisions. It will also coordinate whistleblower disclosures across DOJ components.
  • Inclusion of Whistleblowers Involved in Criminal Misconduct: Whistleblowers involved in criminal activity should not be ineligible for awards. The DOJ must recognize that such whistleblowers can provide valuable information. This is consistent with Dodd-Frank and other successful whistleblower laws. They can enhance enforcement efforts.

Watch the Webinar We Attended

NWC Executive Director Siri Nelson and Board Chairman Stephen Kohn Co-Hosted a webinar. The webinar informed us about the best practices we are calling for in the new DOJ Whistleblower Program. Watch the recording now to learn more and take action below!

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org.  Motion to Quash LLC successfully promoted legislation. This legislation supports the Anti-Money Laundering Act of 2020. It also includes amendments to the Whistleblower Protection Act. Please 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 2019.  NWC’s mission is to support whistleblowers. They help in efforts to expose corruption. They also help prosecute other wrongdoing around the world. 

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Digital media provides measurable results. $500 can get you two banners in front of your target audience for an entire month. An effective advertising campaign will include placing ads across the Motion to Quash website using both branding and call-to-action messages. Click here to buy ads or use the QR code. Email your info to tracie@motiontoquash.org. Thank you!

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Ethics Scores 24th JDC Election 2024

Scientific research shows that campaign contributions are correlated with judges’ decisions. There is a crisis with the court’s legitimacy in Louisiana. This issue is very salient now for a variety of reasons. There are political concerns, case-related concerns, and financial concerns. 

Damon Cann, a Political Science instructor at Georgia University, conducted a study. It explores whether judges favor attorneys who support their campaigns financially. He shows that campaign contributions are indeed correlated with judges’ decisions. (Cann, Damon M. “Justice for Sale? Campaign Contributions and Judicial Decisionmaking.” State Politics & Policy Quarterly, vol. 7, no. 3, 2007, pp. 281–97. JSTOR, http://www.jstor.org/stable/40405604. Accessed 29 Feb. 2024)

Judicial ethics in Louisiana is a pretty hot topic for Motion to Quash LLC. There is discussion about judges taking advantage of elections to promote their own interests. There is discussion about judges showing favor with attorneys who donate to their campaigns. There is discussion about making it illegal for judges to accept contributions from attorneys who practice in their district. Join the Campaign for Judicial Integrity in Louisiana here.

The Code of Judicial Conduct highlights a crucial principle. Judges should avoid the appearance of impropriety. 28 USC section 455 – enacted by Congress, binds them and sets the standard for all the courts.

None of the three candidates for 24th JDC follow the judicial guidelines. They do not adhere when it comes to providing financial support to their campaigns. Jefferson Parish has been out of step with the norms governing Louisiana since Operation Wrinkled Robe. The operation, championed by Jim Letten, proved campaign support in Jefferson Parish was given with criminal intent. It was not for political reasons.

Ethics Scores for 24th JDC Candidates for 3/23/2024 Election

24th JDC
Candidate averageF33%
Jackie MaloneyF33%
Jerry SmithF33%
Lindsey ValentiD67%

Jackie Maloney- Ethics score F (33%) 

As a judicial candidate Jackie Maloney received $29,400 campaign contributions from 44 attorneys who practice in her district. Ms. Maloney received $2500 from 5 attorneys and $1,000 from 5 attorneys. $500 was issued by 14 attorneys. 

Jackie Maloney is an attorney. She issued over five thousand dollars in campaign contributions to 7 Judges in her district of practice. 

Jerry Smith Ethics score F (33%)

Since 2020, Jerry Smith received over $115,000 from over 180 attorneys who practice in his district. Mr. Smith received $2500 from 13 attorneys and $1,000 from 21 attorneys. $500 was issued by 50 attorneys. 

Since 2019, Jerry Smith issued $3650 to 10 judges in the 24th JDC.

Lindsey Valenti Ethics score D (67%)

As a candidate, Lindsey Valenti received more than $150, 000 from over 130 attorneys who practice in her district. Ms. Valenti received $2,500 from 36 attorneys and $1,000 from 22 attorneys. $500 was received by 42 attorneys.

As an attorney, Lindsey Valenti issued zero dollars to Judges. Thus, earning her a higher score despite receiving the most money.

Method

For consistency, the total scores were based on these three principles:

  1. Campaign contributions issued (5 possible points)
  2. Campaign contributions received (5 possible points)
  3. Disclosures/conflicts of interest (5 possible points)

Only when candidates scored 15 for the whole package did they score 100 percent. Campaigns are dynamic. We welcome your feedback. If you see a candidate’s position has changed, send us an email to tracie@motiontoquash.org with the new information. The spreadsheets are free and printable. Campaign finance reports were obtained from the Ethics Board’s website and the Ethics Disclosures can be found on the Louisiana Supreme Court’s website. 

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of 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. 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. 

How PPP Loans Are Tied to Fraudulent Political Contributions

The investigation of loan fraud committed by disaster recovery recipients and Louisiana politicians is alarming. Businesses issued large political donations after receiving taxpayer-backed federal money. They received this money in the form of contracts, grants, PPP loans, or other financial assistance. This raises concerns about the legitimacy of their need for assistance. Disaster recovery recipients who issued campaign contributions after receiving their awards should be asked to repay the taxpayers.

Political donations flowed from over 100 businesses. These donations came after they received nearly $200 Million in taxpayer backed government funds. This is according to an analysis of federal data by Motion to Quash LLC.  

The payments suggest that many of these recipients not have truly needed the disaster assistance. These funds are meant for struggling small businesses. Fraud schemes like this are the costliest for taxpayers. 

Louisiana Lawmakers Repeal Campaign Limits After PPP Loans

In 2021 Louisiana lawmakers made a significant change to an essential law. They decided to pass SB4, to remove certain campaign finance limitations (Repeals R.S. 18:1505.2(H)(7)).

Elected officials from Louisiana are being scrutinized under the False Claims Act. Contributions alone are not enough for an investigation. Nonetheless, generous campaign contributions and confidential disclosures submitted to the Inspector General are enough evidence to lead to criminal prosecutions. 

Click the link to view the recipient’s federal award profile.

EntityLoan Amount
10 M MARINE LLC – PPP$22,793
FRISCHHERTZ & IMPASTATO– PPP$73,228
ADAMS & REESE PAC– PPP$9,300,000
ADVANCED STRATEGIES, INC.– PPP, DAL$70,958
AIRBOAT ADVENTURES LLC– EIDLEA, DAL$41,430
AL COPELAND INVESTMENTS, LLC– PPP$667,792
ALL SOUTH CONSULTING ENGINEERS INC.– PPP$788,432
ARTHUR AND BRENDA LAWSON– DAL$2,860
ASBESTOS ABATEMENT CONTRACTORS, INC.– PPP$40,688
ASSURING DESTINATIONS LLC– PPP, DAL$85,992
BASE LOGISTICS L.L.C.– PPP$313,775
B&S EQUIPMENT– EIDLEA$10,000
BFM– PPP, DAL, EIDLEA$305,216
BLAKE JONES LAW FIRM, LLC– PPP$362,901
BLUE CROSS LA PAC– PPP$416,747
BOHANNAN & ASSOCIATES LLC– PPP$55,233
BONANO ELECTRIC LLC– PPP $67,740
BOURGEOIS FISHING CHARTERS INC.– DAL$20,430
BRADLEY MURCHISON KELLY & SHEA LLC– PPP$1,200,000
BRYANT HAMMETT & ASSOCIATES LLC– PPP$444,977
CAJUN CONSULTING & INSPECTION,INC.– DAL, EIDLEA$22,622
CAMERON MURRAY AND ASSOCIATES, LLC PPP$16,072
CARR STONE & TILE INCORPORATED– PPP$273,853
CARY GOSS– PPP$1,300,000
CHALMETTE AMUSEMENT CO. INC.- PPP$134,715
CHAFFE MCCALL, LLP– PPP$1,900,000
CHARLES T CRAWFORD– EIDLEA$10,000
CHEHARDY, SHERMAN, WILLIAMS, LLP– PPP$1,200,000
COLVIN LAW FIRM– PPP$150,417
COMMAND CONSTRUCTION LLC– PPP, LG$156,733
CONNICK AND CONNICK, LLC– PPP$250,816
COOGAN & COOGAN– PPP$5,618
CORE CONSTRUCTION SERVICES, LLC– DAL, EIDLEA$2,662
COSSE LAW FIRM, LLC– DAL, EIDLEA$78,100
COURSON NICKEL, LLC– PPP$104,270
CRC LOGISTIC SERVICES– PPP$3,000,000
CROSBY TUGS, LLC– PPP$8,500,000
CYCLE MARINE GROUP INC– PPP$270,626
DAIQUIRI RUN 61, LLC– PPP$18,411
DAUL INSURANCE AGENCY– PPP$347,272
DEAN BLANCHARD SEAFOOD, INC.– PPP, EIDLEA$95,872
DELACROIX CORPORATION– – PPP$210,398
DIGITAL ENGINEERING & IMAGING INC.– PPP$603,606
DKD INVESTMENTS, LLC– EIDLEA$1,000
DLM ENTERPRISE NOLA LLC-DAL$232
DMC TOWING, LLC– EIDLEA, DAL$10,000
DOERR FURNITURE, INC.– DAL, EIDLEA$30,430
DOUGLAS B ROBERT– DAL$14,165
DUFRENE SURVEYING & ENGINEERING– PPP$176,077
EHLINGER MANAGEMENT CORP– PPP$67,283
ELOS ENVIRONMENTAL LLC– PPP$492,022
EVENT PRODUCERS– PPP$303,816
EXCEPTIONAL INSPECTIONS, LLC– PPP$20,437
FLAME CONSULTING LLC– PPP$22,370
GRAY & COMPANY, INC.– PPP3,200,000
HARRY CAHILL III– PPP, EIDLEA$11,96DAL9
HARTMAN ENGINEERING INC– PPP$166,516
HAYNIE & ASSOCIATES– PPP$114,435
HDA HARRIS DEVILLE & ASSOCIATES– PPP$282,105
HOME BUILDERS ASSOCIATION OF GREAT NEW ORLEANS PAC– PPP$75,955
HORIZON SECURITY AND VAULT COMPLEX, INC.– DAL$38,102
INDEPENDENT RX– PPP, DAL$95,358
INDUSTRIAL FABRICS, INC.– PPP$1,300,000
IV WASTE LLC– PPP$233,041
JANSEN ADJUSTERS INTERNATIONAL LLC– EIDLEA$10,000
J. CHRISTOPHER ALEXANDER, SR. LLC- DAL$14,778
KELLY DAUL– PPP $347,272
KEN-K TRUCKING– PPP, DAL$8,783
KING & JURGENS, LLC– PPP$1,100,000
LA RESTAURANT ASSOCIATION HOSPITALITY PAC (HOSTPAC)– PPP$350,183
LAKESIDE MORTGAGE INC– EIDLEA$4,000
LAMFH, LLC– PPP$98,567
LANDRUNNER AIRBOATS– DAL, PPP, EIDLEA$49,633
LIL MAN CONSTRUCTION, LLC– PPP$231,350
LINFIELD, HUNTER & JUNIUS, INC.– PPP$634,631
LITTLE DEUCES, INC.– PPP$56,031
LOUISIANA RESTAURANT ASSOCIATION– PPP$350,183
MAINTENANCE DREDGING I, LLC– PPP$538,302
MEL’S TRANSPORTATION II, LLC– PPP, EIDLEA$179,366
METRO GAMING & AMUSEMENT CO.– PPP$517,801
METROPOLITAN ERECTION, LLC– PPP$191,844
MEYERS ENGINEERS, LTD– PPP$906,223
MIDSHIP MARINE– PPP$948,946
NEW ERA INFORMATION TECHNOLOGIES, LLC– PPP$227,883
NEW ORLEANS AIRBOAT TOURS– DAL, EIDLEA$30,430
NORTHWEST CORPORATION– PPP$240,820
ONE STAR LA INC.– PPP, DAL$74,934
PELICAN COAST CONSULTING– DAL, EIDLEA$2,226
PHOENIX GLOBAL ENGINEERING– PPP$73,093
PIVOTAL ENGINEERING LLC– PPP$210,581
PIVOTAL GR SOLUTIONS– PPP$21,192
PLANTATION TRUCK PLAZA– PPP$98,930
PREMIER CONCRETE PRODUCTS, INC.– PPP$748,056
PRINCIPAL ENGINEERING, INC.– PPP$297,022
PROVIDENCE ENGINEERING AND DESIGN– PPP$558,568
PUNCTUAL ABSTRACT– PPP$512,434
RICHARD C. LAMBERT CONSULTANTS, LLC– PPP$273,047
RJS TOWING LLC– DAL, PPP, EIDLEA$47,821
RUSSELL BURGDAHL– PPP$259,928
RYM ENTERPRISES, INC.– PPP$2,543
SAMUEL J SPURGEON– PPP$220,049
SEITHER’S SEAFOOD– PPP$69,373
SHELLDON LLC– DAL, PPP, EIDLEA$91,469
SHREAD-KUYRKENDALL & ASSOCIATES, INC.– PPP$379,721
SIGMA RISK MANAGEMENT– PPP$119,142
SOLUTIENT– PPP$364,160
STEP CONSTRUCTION LLC– DAL, EIDLEA$26,331
STERLING ELECTRIC INC.– PPP, EIDLEA$145,703
STUART CONSULTING GROUP– PPP$636,462
SYRACUSE TRAVERSE AND BREHM LLC– PPP$22,664
T3B SERVICES LLC PPP $313,894
THE PICARD GROUP– PPP$186,147
TOP DRAWER STRATEGIES, LLC– PPP, EIDLEA$38,602
TRIPLE BBB CONSTRUCTION, INC– EIDLEA$10,000
UNIVERSAL DATA, INC– PPP$432,005
VANDERBROOK & CO., LLC CPAS– PPP$56,138
VINCO IRONWORKS, INC.– PPP$81,643
WILLIAM VANDERBROOK CPA– PPP$56,138

Recouping Stolen Pandemic Loan Funds

On September 27, the U.S. House Committee on Small Business held a hearing. It was entitled “Action Through Innovation: Private Sector Solutions to Recouping Stolen Pandemic Loan Funds.” The hearing touched on different solutions. The Small Business Administration (SBA) could take these solutions to recoup fraudulent loans issued as part of pandemic lending programs.

“When the pandemic started, the SBA took on an outsized role in restarting our nation’s economy. The PPP and EIDL programs were vital to saving small businesses, but that fact does not excuse $200 billion in fraud,” explained Chairman Roger Williams (R-TX). “It’s a top priority of this Committee to recoup these stolen funds, and yesterday’s hearing looked at new, innovative private sector solutions to do just that. I’m very grateful for our four witnesses, and we’ll continue our work on holding these fraudsters accountable.”

Click the link to read the Statement of Michael E. Horowitz, Chair, Pandemic Response Accountability Committee, Inspector General, U.S. Department of Justice before the U.S. House of Representatives Select Subcommittee on the Coronavirus Crisis about “Examining Federal Efforts To Prevent, Detect, And Prosecute Pandemic Relief Fraud To Safeguard Funds For All Eligible Americans”

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org. Motion to Quash LLC successfully promoted legislation. This legislation supports the Anti-Money Laundering Act of 2020. It also includes amendments to the Whistleblower Protection Act. Please 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 2019. NWC’s mission is to support whistleblowers. They aid in efforts to expose corruption worldwide. They also help prosecute other wrongdoing globally.

1. 59.008 – Disaster Assistance Loans

2. 59.073 – Paycheck Protection Loan Program (PPP)

3. 59.072 – Economic Injury Disaster Loan Emergency Advance

 RS 14:26 SUBPART E. INCHOATE OFFENSES §26.  Criminal conspiracy A.  Criminal conspiracy is the agreement or combination of two or more persons for the specific purpose of committing any crime; provided that an agreement or combination to commit a crime shall not amount to a criminal conspiracy unless, in addition to such agreement or combination, one or more of such parties does an act in furtherance of the object of the agreement or combination.B.  If the intended basic crime has been consummated, the conspirators may be tried for either the conspiracy or the completed offense, and a conviction for one shall not bar prosecution for the other.

False Claims Act (FCA), 31 U.S.C. §3729 – 3733

During the 2021 Regular Session, Louisiana lawmakers passed SB4 by Senator Ed Price, which eliminates certain aggregate campaign contribution limitations. (8/1/21) Current Status: Signed by the Governor – Act 428

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Advertise with Motion to Quash LLC

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Digital media provides measurable results. $500 can get you two banners in front of your target audience for an entire month. An effective advertising campaign will include placing ads across the Motion to Quash website using both branding and call-to-action messages. Click here to buy ads or use the QR code.

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Motion to Quash’s Seven Major Campaigns on Behalf of NWC

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The 118th Congress will end on January 3, 2025. Thus, there is one year remaining for Congress and the current-sitting executive officers to act on a number of pending whistleblower initiatives, all of which have strong bipartisan support, are based on the plain meaning of laws already passed by Congress, and which are individually or collectively essential for the implementation of the U.S. Anti-Corruption Strategy. Outside of political interference by those who stand to lose when whistleblowers are incentivized and protected, there is no legitimate reason why these reforms cannot be quickly approved. The actions listed below are needed for the Strategy to be implemented, but whose approval has been stalled or blocked by resistant executive agencies or a timid Congress.

Support the Campaign with Seven Easy Actions:

Action #1 of 2024 Call on FinCEN to Enact AML Regulations 

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

Action #2 of 2024 DOJ must accept Confidential/Anonymous Disclosures

The Department of Justice still hasn’t implemented procedures for dealing with anonymous and confidential whistleblowers who report violations of the Bank Secrecy Act, despite being legally required to do so since 2021.

Action #3 of 2024 Strengthen the SEC Whistleblower Program

Urge 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.

Action #4 of 2024 Support the IRS Whistleblower Program Improvement Act

The Internal Revenue Service (IRS) fails to compensate whistleblowers in a timely manner. These delays, which the IRS admits are average over 10-years, cause untold hardship to whistleblowers, many of whom have lost their jobs and careers, and their only hope for economic survival is the compensation promised under law.

Action #5 of 2024: Fix FCA loopholes

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! Today’s action is very important. The qui tam provision of the False Claims Act is under attack, even though reports by whistleblowers are responsible for over 70% of recovered assets under the FCA. (amounting to over $50 billion)

Action #6 of 2024 Strengthen the CFTC Whistleblower Program

The CFTC Whistleblower Program is in danger of being a victim of its own success. When the CFTC whistleblower rewards program was introduced, a fund was created to pay whistleblowers using the sanctions collected from whistleblower tips. However, this fund was capped at $100 million. Since the introduction of the program just over a decade ago, so many whistleblowers have come forward that this fund is almost out.

Action #7 of 2024 Make National Whistleblower Day a Federal Day of Observance

On behalf of the NWC, today is our last of seven days of action to start the new year, and today’s action is big. As many of you know, each year, the National Whistleblower Center holds a celebration for National Whistleblower Day. However, even though Congress recognizes the day each year, neither Congress nor the White House have taken action to permanently recognize July 30 as National Whistleblower Day.

Click the links to learn more and take action. Thank you for your continued support. 

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org. 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. 

Action #7 of 2024 Make National Whistleblower Day a Federal Day of Observance

On behalf of the NWC, today is our last of seven days of action to start the new year, and today’s action is big. As many of you know, each year, the National Whistleblower Center holds a celebration for National Whistleblower Day. However, even though Congress recognizes the day each year, neither Congress nor the White House have 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. This is an important part of American history, and one that should be celebrated. I have long supported whistleblowers, and a Marist Poll conducted by Whistleblower Network News also established that the majority of voters in the United States support whistleblowers and increased whistleblower protections. This bipartisan support for whistleblowers would surely extend to bipartisan support for National Whistleblower Day as a Federal Day of Observance.

Please join with me in urging President Biden to take executive action on behalf of whistleblowers. In doing so, President Biden would be taking a tremendous step forward in the federal government’s recognition of the importance of whistleblowers.

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

Please urge President Biden 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 to combating waste, fraud, abuse, and violations of laws and regulations of the United States.

We must recognize 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, however, remains that of being ostracized and retaliated against.

Now more than ever, we need a permanent day of recognition for whistleblowers to show our nation’s commitment to truth, anti-corruption, and effective law enforcement. Help us make each July 30th National Whistleblower Day, so we can change the culture and truly honor the contributions of whistleblowers while fostering 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 National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org 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 https://motiontoquash.orgQuash 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 #6 of 2024 Strengthen the CFTC Whistleblower Program

The CFTC Whistleblower Program is in danger of being a victim of its own success. When the CFTC whistleblower rewards program was introduced, a fund was created to pay whistleblowers using the sanctions collected from whistleblower tips. However, this fund was capped at $100 million. Since the introduction of the program just over a decade ago, so many whistleblowers have come forward that this fund is almost out. 

Urge Congress to save the CFTC Whistleblower Program from its ongoing funding crisis by passing the bipartisan CFTC Whistleblower Fund Improvement Act of 2023.

The CFTC Whistleblower Program has been an immense success. The CFTC reports that roughly 30% of all CFTC enforcement investigations stem from whistleblowers and that over $3 billion in sanctions have been collected thanks to whistleblowers. The agency has correspondingly awarded almost $350 million to qualified whistleblowers.

In recent years, the program has grown in ways unimaginable when it was established in 2010. In its first 18-months in existence, the CFTC Whistleblower Program received only 58 whistleblower tips. In the 2023 Fiscal Year by comparison, the program received a record 1,530 tips.

This remarkable growth has resulted in a funding crisis, however, as a Congressionally-set cap on the fund used to finance the program cannot accommodate the current size of the program. The Consumer Protection Fund is entirely funded by sanctions paid by fraudsters but is capped at $100 million. In recent years, the restrictive cap has caused the CFTC to delay the issuance of some whistleblower awards and raise the possibility of needing to furlough staff.

The bipartisan CFTC Whistleblower Fund Improvement Act of 2023 would save the CFTC Whistleblower Program by providing a long-term fix to the funding crisis at no cost to taxpayers. The bill simply raises the cap on the Consumer Protection Fund to $300 million.

The CFTC Whistleblower Program cannot be a victim of its own success. A simple technical fix can allow this much-need program to continue to flourish.

NWC’s Chairman of the Board Stephen M. Kohn recently wrote an article calling for the passage of the CFTC Whistleblower Fund Improvement Act:

The CFTC whistleblower program has been a remarkable success story. It demonstrates the transformative effect a well-run modern whistleblower award program can have on the enforcement efforts of a regulatory agency. The bipartisan Whistleblower Fund Improvement Act will ensure that the CFTC whistleblower program will not be a victim of its own success and can continue to help root out fraud in the U.S. derivatives markets.”

Please send this prewritten email template to your officials DEMANDING that they pass the CFTC Fund Improvement Act in order to increase the cap on the fund. This will ensure that whistleblowers may continue to get paid, and this program can continue to work. Check out more info here.

Recognized by the National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org. 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 #4 of 2024 Support the IRS Whistleblower Program Improvement Act

The Internal Revenue Service (IRS) fails to compensate whistleblowers in a timely manner. These delays, which the IRS admits are average over 10-years, cause untold hardship to whistleblowers, many of whom have lost their jobs and careers, and their only hope for economic survival is the compensation promised under law.

On behalf of the National Whistleblower Center, please support reform and strengthen the IRS Whistleblower Program by supporting the IRS Whistleblower Program Improvement Act of 2023. 

Please send this prewritten email template to your Congressional officials DEMANDING that they pass the IRS Whistleblower Improvement Act, which would solve this issue in addition to other problems.

Check out more info here.

Since it was established 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, however, the program has been plagued by a number of issues and its efficacy is waning. Most notably, the program suffers from massive delays and whistleblowers are not able to remain anonymous before Tax Court. 

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 timely 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.

In addition to bipartisan support, the bill is supported by whistleblower advocacy groups such as National Whistleblower Center. 

A strong IRS Whistleblower Program is 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 National Whistleblower Center (NWC), Tracie Burke is Louisiana author of motiontoquash.org. 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 #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

The Department of Justice still hasn’t implemented procedures for dealing with anonymous and confidential whistleblowers who report violations of the Bank Secrecy Act, despite being legally required to do so since 2021.

Since January 1, 2021 the U.S. Department of Justice (DOJ) has been required, as a matter of law, to accept anonymous and confidential whistleblower disclosures concerning violations of the Bank Secrecy Act, including illegal money laundering and the use of crypto currency exchanges to facilitate violations of law.

In December 2022, this requirement was by law extended to whistleblowers, worldwide, who wish to report violations of sanctions covering Russia, Hamas, ISIS, and other covered entities.

In contempt of its legal requirements the Justice Department has ignored this law, and has failed to adopt regulations permitting anonymous whistleblowing. Congress did its job, Justice has dropped the ball. Congress must demand that the Attorney General fully implement the United States Anti-corruption Strategy as a critical national security measure. Ask Congress to contact the Department of Justice to remind them of their obligations to fully implement the law. We know that whistleblowers can be the best asset to the fight against corruption when given the proper protections and incentives, but they — and by extension, our democracy — are vulnerable when these protections are eroded.

Please see the letter sent by NWC Chairman Stephen Kohn to the Department of Justice and Department of Treasury here for specific details: https://kkc.com/wp-content/uploads/2023/10/AML-Rules-Letter.pdf. See more information at https://www.whistleblowers.org/enact-aml-whistleblower-rules/.

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 #1 of 2024 Call on FinCEN to Enact AML Regulations

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

Money laundering is intimately tied to corruption around the globe. Because the AML Whistleblower Program has a transnational reach, violations can occur anywhere and whistleblowers do not need to be U.S. citizens to qualify for awards, it is uniquely positioned to help U.S. authorities tackle corruption overseas, including the most pressing national security crises like 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.

However, despite the urgent nature of this issue, the U.S. Treasury Department and Financial Crimes Enforcement Network (FinCEN) have yet to implement the AML Whistleblower program, nor regulations for the AML Whistleblower Improvement Act.

Contact your legislators and urge them to please DEMAND that FinCEN consider the following in order to maximize the law’s anti-corruption potential:

I. Ensure that the process for qualifying as a whistleblower aligns with U.S. anti-corruption priorities.
a. Allow whistleblowers identified in case investigations to be eligible for rewards, rather than by mandating technical form requirements for whistleblower reward eligibility.
b. Maintain the SEC’s “Three Conditions” for qualifying as a whistleblower, but expand the definition of “Voluntary” to its standard definition.
c. Ensure that critical whistleblowers have the right to make use of the AML Whistleblower Program.

II. Protect Whistleblowers.
a. Secure the Confidentiality & Anonymity of AML whistleblowers in ALL ongoing Federal investigations involving their disclosers.
b. Establish Consistent Inter-Agency Protocol with respect to Whistleblowers who have participated in crime.
c. Do not Incentivize – and absolutely do not require – Internal Reporting prior to filing AML claims with FinCEN, but ensure that those who file internally first maintain award eligibility.

III. Ensure that whistleblowers are fully compensated in a timely manner.
a. Give full force to related action provisions.
b. Do NOT place a cap on whistleblower rewards.
c. Establish and abide by a strict deadline for paying awards.

Please refer to the National Whistleblower Center’s (NWC) AML Regulations Webpage, whistleblowers.org/enact-aml-whistleblower-rules, for more information on our requests.

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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