WHISTLEBLOWERS

Who is a whistleblower?

A whistleblower is (1) a volunteer (2) who has personal knowledge of misconduct within an organization and (3) who comes forward on her own.

What is the concern with qui tam proceedings?

Recoveries can be large, enriching realtors and attorneys so states have enacted statutes against false claims under their programs.

What was the holding in Lawson v. FMR, S. Ct. (2014)?

18 USC 1514A whistleblower protection extends to employees of contractors and subcontractors.

Testimony of Sherron Watkins Before Oversight Investigations Sub-Committee of House Energy and Commerce Comm.

"I gave Lay my opinion that it is never appropriate for a company to use its stock to affect its income statement. He assured me he would look into my concerns. I requested a transfer, as I was uncomfortable as a direct report to Fastow."

What might an organization's appropriate response to a whistleblower involve?

(a) Ceasing to engage in the problematic action or (b) Administering a sanction against employees found to have committed a violation.

What are qui tam actions?

A special type of whistleblower proceeding; a traditional mechanism for encouraging whistleblowers to come forward by offering bounties.

What is a whistleblower in the context of compliance?

An observer actually involved with the activities at issue, who reports things she considers to be a violation of the rules.

In Lawson v FMR, S. act. (2014), why did the Court hold that the Court that Congress must not have intended the Act to have such a limited scope?

Because there was no language in the Act that specifically limited the covered employees to those working for the public company. The legislative record supports the view that Congress was aware of the role that outside contractors can play in recognizing and reporting fraud, and that fear of retaliation can prevent them from fulfilling that role.

Why did Sotomayor object that it was not plausible that Congress would have intended to place such burdens on the courts?

The opinion's interpretation would result in opportunities for litigation any time any employee claims to be harassed for providing information regarding any offense.

What is the definition of a whistleblower?

The term whistleblower refers to a person who, without being required to do so, reports on misconduct within an organization.

What was Sotomayor's dissent in Lawson?

There are key indicators for a narrower reading e.g. the relevant section is entitled "Protection for Employees of Publically Traded Companies Who Provide Evidence of Fraud."