Whistleblowing

Whistleblower laws are about protecting whistleblowers. From what or whom?

Employers

If a whistleblower wanted to report that the Department of Defense was purchasing $200 hammers, which law would protect him or her?

False Claims Act (Lincoln Law)

Are federal government employees protected if they choose to be whistleblowers? Why or why not?

Federal Government employees are protected for whistleblowing through Whistleblower Protection Act.

What happens when something is filed ~in camera~?

Filed in private

What kinds of interactions can be there between Freedom of Information Act and whistleblowing?

Giving citizens access to information

Which are the major industrial sectors in the United States for which there are whistleblowing protections?

US and Canada

Anti-corruption laws are found in many countries around the world. What is the relationship between these laws and whistleblower protection laws?

Very Similar, Anti-Corruption also has a positive duty to inform superiors of wrongdoing. The function is similar but the motivation and types of problems involved are different

What triggers the start of the statute of limitations period for whistleblowing cases?

When an employee learns that they will be retaliated against

What is the difference between whistleblowing and fulfilling a positive duty to inform?

While similar, the motivation and types of problems involved are different

The general focus in discussions of whistleblowing law is on trying to protected whistleblowers from negative consequences of their actions. What are some positive consequences they might experience, depending on the pertinent law?

Whistleblowers can receive money for their actions as long as they identify themselves

To be protected under the Whistleblower Protection Act, what level of evidence must a federal employee have on a matter about which whistleblowing has been undertaken?

Whistleblowers must report with reasonable evidence - Violation of law, rule, or regulation - Gross mismanagement - Gross waste of funds - Abuse of Authority - Substantial and specific danger to public health or safety

Whistleblowing gets defined in slightly different terms in various statutes in US law, but how is the concept defined for US legal purposed in general?

Whistleblowers provide the public & law enforcement with information about employer actions that are illegal, unhealthy, or that violate specific public policies

What is the difference between a whistleblower and an informer?

Whistleblowing - A means of promoting organizational and individual accountability - Allows for disclosure of information about misconduct while protecting whistleblower from sanctions of all kinds Informer - Someone who is involved in illegal or harmful activities and reports on activity to get a reduced sentence

Whistleblowing laws in the United States apply to those in a specific relationship to the organizations about which someone is reporting. What is that relationship?

Worker-Boss relationship

How much money did the US government recover because of whistleblowers operating under the False Claims Act during the period 1987-2013?

$38.9 billion

What is a qui tam procedure?

- Citizens, in essence, sue on behalf of the government -Government can then take up, or leave to citizens to pursue - When cases are successful, the whistleblower gets a reward

Which international treaties to which the US is signatory, if any, include whistleblowing protection provisions?

- Convention against Corruption (2005) * Art. 32 - Protection of witnesses, experts, victims *Art. 33 - Protection of reporting persons * only a few of the countries ratifying the treaty has put laws in place - UN Special Rapporteur on Freedom of Opinion & Expression -Inter-American Convention against Corruption (1996)

In a federal employee wins a whistleblower suit under the False Claims Act, what will be the consequences?

- Getting their job back (reinstatement) - Double back pay - Special damages, including litigation costs & attorneys' fees

How would an employer demonstrate discriminatory motives in its treatment of an employee who has been a whistleblower?

- Hostile attitude re matter about which had been whistleblowing - Employer's knowledge of protected conduct - Nature of protected conduct - Special conditions of employment following whistleblowing and leading to discharge - Disparate treatment of discharged employee prior to protected conduct - Previous satisfaction with work - Disparate treatment of similarly situated employees - Timing of discharge - Threats of retaliation against other employees for similar conduct - Good performance reviews, bad after - How told of transfer or termination - Inadequate investigation of charge against employee - charges of "disloyalty", etc.

Leaking of what type of information was criminalized by the Espionage Act of 1917?

- Improprerly accessing, handling, or transmitting - "Information respecting the national defense" - with intent of injuring the US by aiding a foreign nation

What difference did the Whistleblower Protection Enhancement Act of 2012 make for federal employee whistleblowers?

- Provided much stronger protections for federal employees; broadened scope of coverage - Set up a special counsel office to investigate when necessary - Appeals cases can be held in any circuit, so a hold of one particular court is broken

What kinds of whistleblowers are protected in Texas?

-Those under Medicaid Fraud Prevention Act # Billing for services not provided, upcoding, unbundling, etc Ex. Current case - East Texas Medical Center getting kickbacks from ambulance firms -False Claims Act -Federal Laws apply

Provide one example of a whistleblower in US history whose action in your view served the public good. If there is no such example, in your opinion, explain why. (open answer question)

1985 - Ronald J. Goldstein, employee of contractor for Houston Lighting & Power Co.'s South Texas Project reported safety problems; he was fired, sued, argued not enough protections for employees of private firms - & federal nuclear whistleblower law was then amended to include employees of contractors

What law at the federal level provides whistleblowing protections for those working in the private sector?

Anti-Corruption Statutes

What is a "Secret Hold" in the US Senate?

Any senator can anonymously put a hold on a bill for 6 days

Under the Espionage Act of 1917 as amended, under what conditions is the leaking of information about intelligence activities criminalized?

Information re intelligence activities of US or any Foreign government - No explicit intent required - But must have done "knowingly and willfully" # Comey - Clinton did not violate this with her email practices

Some whistleblower laws, such as the pertinent provision in Dodd-Frank, will only protect whistleblowers who provide "original information". What is original information in this context?

Information that comes from the original knowledge or analysis of the whistleblower Is not known to the SEC from any other source (unless given through whistleblowing) Is not exclusively derived from an allegation made in court, administrative hearing, government report, hearing, audit, investigation, or from news media (unless source is given)

What law applies to leaks of the names of intelligence agents?

Intelligence Identities Protection Act

When was the oldest whistleblowing law in the US passed, and what was the issue that stimulated its passage?

Lincoln Law (1863) is the oldest Whistleblowing law, it has problems with corruption and fraud

Whistleblowing laws are found in various forms around the world. What broad definition of whistleblowing is characteristic of them all?

Making public information about the actions of public or private entities that are illegal or that damage or threaten health and safety of society at large

What was of particular importance of the whistleblowing case Lane v Franks when it was decided upon by the US Supreme Court in 2014 for other areas of the law, such as reporter's privilege?

The speech before the grand juries was protected by the First Amendment