Firing whistleblowers for informing the government about corporate activities has been standard practice at many businesses for a long time. That practice may be changing quickly if the government continues to pursue enforcement actions against companies engaged in retaliation and juries continue to provide multi-million dollar verdicts to whistleblowers. This week, the media reported an...
The end of the Obama Administration was one of the busiest in the resolution of government investigations ever. The SEC and DOJ wrapped up nine Foreign Corrupt Practice Act investigations in the course of two months. The enforcement actions involved: Odebrecht and Braskem: $3.5 billion (US, Brazil and Switzerland) Rolls Royce: $800 million (US, UK...
In the 10th year since the creation of Internal Revenue Code section 7623(b), the Internal Revenue Service (IRS) Whistleblower Program issued 418 awards totaling more than $61 million (before sequestration), according to the annual report issued by the program’s Whistleblower Office to Congress. The total number of awards represented a 322 percent increase over fiscal year...
It was an interesting week on government enforcement as the Obama Administration is closing out its term with fines against auto industry manufacturers VW ($4.3 billion) and Takata (expected to be up to $1 billion). After the inauguration, these enforcement decisions will be in the hands of the Trump Administration. President-elect Trump has promised change...
A study of whistleblower retaliation cases at 317 public companies in the United States out of the University of Iowa has concluded that businesses that have had a whistleblower are less likely to have accounting irregularities or tax aggressiveness. The research done by Jarone H. Wilde, an assistant professor of accounting at Iowa, focused on the two years...
Last week, the Occupational Safety and Health Administration offered a set of recommendations for employers to create retaliation-free workplaces. The guidance is directed at employers with employees covered by the 22 whistleblower protection statutes enforced by OSHA. The publication reinforces the broad scope of 22 federal statutes offering anti-retaliation protections concerning hazards or violations...
A $4 Billion Fine for Volkswagen Reuters is reporting that Volkswagen AG and the Justice Department are near an agreement to resolve criminal and civil liability for the German automaker’s diesel emissions cheating scandal. If the reported $3 billion figure is finalized, it will be the largest fine ever paid by an automaker to the...
The Prevalence of Whistleblower Retaliation The prevalence of retaliation by corporations against whistleblowers has been well documented. Not only does it serve to punish those who come forward, but it has a chilling effect on other employees who might speak out against wrongful conduct. Employees in these companies quickly learn that the policies protecting whistleblowers...
False Claims Act Helps Recover $4.7 Billion The Justice Department announced the third highest annual recovery in the history of the False Claims Act yesterday – $4.7 billion for the federal government for fiscal year 2016 (ending Sept. 30th). Whistleblowers received awards of $519 million for their assistance recovering $2.9 billion – more than half...
President Trump Will Pay Whistleblowers There has already been much commentary on the impact that President Trump and his administration will have on government enforcement efforts. Trump has made it clear that he intends to streamline government regulation of business in order to spur the economy. He’s also promised to dismantle Dodd-Frank, the law that...