Top Ten Blog Posts of 2016

At the end of another year we want to pause and thank you for taking the time to read The Whistleblower and Qui Tam Blog. This year saw a new record for pageviews on content as well as an over 100% increase in readers. In addition to the readers, we want to extend a special thanks to our contributors who created content highlighting important news, legal developments and policy issues critical to whistleblowers and their advocates around the world.

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Here are the top 10 posts from 2016:

1. SEC: Incentives for Whistleblowers Best Way to Uncover Securities Law Violations

The Securities and Exchange Commission (SEC) Whistleblower Program had its most successful year to date in 2016. The agency, in its annual report to Congress, reports it issued awards totaling over $57 million in 2016—higher than all award amounts issued in previous years combined. The Office of the Whistleblower (OWB) received over 4,200 tips this year, which is a more than 40 percent increase in whistleblower tips since 2012. In addition, the SEC took action in its first ever stand-alone whistleblower retaliation case.

2. New OSHA Guidance Clarifies Impermissible Restrictions on Whistleblowing

The OSHA Directorate of Whistleblower Protection Programs issued new policy guidance on the criteria it uses to ensure settlement agreements do not impermissibly restrict or discourage whistleblowing.

3. Huge Win for Whistleblowers with Unanimous Supreme Court Decision

An attempt by large government contractors and the U.S. Chamber of Commerce to undermine the False Claims Act (FCA) was beaten back by whistleblower advocates. The U.S. Supreme Court issued a unanimous decision in the case of State Farm Fire and Casualty Company v. U.S. ex rel. Rigsby ruling that breaches to the confidentiality (or seal) provision of a case brought under the FCA will not result in an automatic dismissal of the case.

4. IRS Whistleblower Office Releases Information on Claim Process

What qualifies for an award, How whistleblowers submit a claim for award, What happens to a claim after the IRS receives it, Communicating with the IRS after a claim is submitted, Whistleblower Process Timeline, and Common reasons for Initial rejection/denial of claim.

5. Celebrating the 30th Anniversary of the 1986 Amendments to the False Claims Act

October 27, 2016, marks the 30th Anniversary of the 1986 amendments to the federal False Claims Act (FCA). Since these amendments were passed, the FCA has proven to be the most effective anti-fraud law in the United States, recovering over $48 billion from those who defrauded the U.S. government.

6. Horizon Lines Whistleblower Captain Receives Million Dollar Award

On July 12, 2016, the U.S. Department of Labor awarded more than $1million to former Horizon Lines Captain John Loftus. Loftus was fired in 2013 for reporting to regulators what he believed to be safety violations on the ship he sailed as Master. Loftus was removed from his post three years ago, having worked for the Horizon Lines for 20 years.

7. Whistleblowers Responsible for More Than Sixty Percent of FCA Recoveries in 2016

The Department of Justice announced that it obtained more than $4.7 Billion in settlements and judgments from cases involving fraud against the government. This amount marks the third highest annual recovery in the history of the False Claims Act (FCA). The FCA brings in a yearly average of $4 billion with a total of $53.1 billion recovered since 1986.

8. CFTC Makes Fourth Whistleblower Award

The U.S. Commodity Futures Trading Commission announced on July 26, 2016, that it had made its fourth award to a whistleblower as part of the Commission’s Whistleblower Program created by the Dodd-Frank Wall Street Reform and Consumer Protection Act of 2010.

9. Important Breakthrough “Game-Changer” for Protecting the Environment

The Environmental Law Reporter published an article that explains how the monetary rewards provisions for whistleblowers in both the Lacey Act and the Endangered Species Act can have a massive impact on the detection and deterrence of wildlife crimes. The article, “Monetary Rewards for Wildlife Whistleblowers: A Game-Changer in Wildlife Trafficking Detection and Deterrence,” published on January 1, 2016 was written by Stephen M. Kohn.

10. Supreme Court Decision Expands Reach of Whistleblower Rewards for Insider Trading

Good news for insider trading whistleblowers. The U.S. Supreme Court issued a unanimous ruling on December 7, 2016, in the case of Salman v. United States. The Court’s decision trashed a decision previously issued by the U.S. Second Circuit Court of Appeal in the case of United States v. Newman.