About Kelsey Condon
Kelsey Condon specializes in representing whistleblowers under the Foreign Corrupt Practices Act, the Dodd-Frank Act, the IRS whistleblower law, and the False Claims Act. She also focuses on cases impacting the environment and wildlife protection. Although most of her clients are anonymous and confidential, she has played a critical role in the Howard Wilkinson case (the largest money laundering case in world history) and one of the largest Foreign Corrupt Practices Act cases filed in Greece against the pharmaceutical giant Novartis. She also assisted in the federal court litigation of the Westrick False Claims Act case.
Kelsey was the recipient of the highly prestigious and competitive Estelle S. Kohn Memorial Fellowship awarded by Northeastern University School of Law. She graduated from Northeastern University School of law in May 2017, and holds a Bachelor of Science degree in Environmental Science from Northeastern University.
What Clients are Saying
“When you’re in danger, you need someone you can trust, who isn’t afraid, and who knows how to fight. KKC always has my back.”
Harry Barko, Qui Tam Whistleblower
“Most law firms it really is all about billable hours. For these guys its all about the justice.”
Linda Tripp, Bloomberg News
“Thanks [KKC] from the bottom of my heart. I think if you ever have a whistleblowing claim they are the folks to take care of it for you.”
Bradley Birkenfeld, From National Whistleblower Day (2017)
“In my world, courage is spelled “KKC”. They go up against the most powerful adversaries and win.”
Frederic Whitehurst, Former Supervisory Special Agent, FBI
Successful Legal Advocacy: Top Cases
Other Successful Legal Advocacy
- Westrick v. American Body Armor, Lead trial and appellate counsel under California False Claims Act regarding the sale of defective bullet proof vests to state law enforcement officers. After Court of Appeals ruling in favor of Dr. Westrick, defendants paid settlement-compensating California for the vests and paying the whistleblower reward under state law.
- Carolina Power and Light Co. v. U.S. Dept. of Labor, 43 F.3d 912 (4th Cir. 1995)(argued). Precedent setting litigation upholding Department of Labor’s authority to prohibit “hush money” settlement agreements under the Atomic Energy Act.
- Convertino v. Department of Justice, (D.C. Cir. 2012)(argued). Reversal of summary judgment ruling on high-profile Privacy Act case concerning former top U.S. prosecutor. (Oral Argument available here).
- Doyle v. Hydro Nuclear, 1989-Energy Reorganization Act Case No. 22 (U.S. Secretary of Labor) (2000) (1996), reversed on other grounds. Precedent establishing the scope of damages for successor employers under the nuclear whistleblower laws; precedent establishing damages for temporary radiation removal technicians.
- Day v. Dept. of Homeland Security, (MSPB June 26, 2013). Co-counsel for public interest group in Amicus Curiae brief successfully arguing that certain provisions of Whistleblower Protection Enhancement Act were clarification of existing law justifying application to pending cases.
- Edmonds v. FBI, 417 F.3d 1319 (D.C. Cir. 2005). Successful representation of FBI translator in proceedings before the Office of Inspector General and under the Freedom of Information Act. Lead counsel in D.C. Circuit appeal holding that an order expediting FOIA request satisfies prevailing party standard for award of attorney’s fees.
- English v. General Electric Co., 110 S. Ct. 2270, 2277 (1990). Represented Amicus Curiae in U.S. Supreme Court case rejecting the federal preemption doctrine in state public policy discharge cases.
- Equal Employment Opportunity Commission v. Waffle House, 534 U.S. 279, 122 S.Ct. 724 (2001). Co-counsel for public interest group as Amicus Curiae in case concerning impact of an arbitration agreement on EEOC’s authority to seek relief for victims of discrimination
- Fishbein v. Department of Health and Human Services, 2006 MSPB 96 (April 21, 2006). National precedent holding that federal employees hired under “Title 42” (i.e. highly skilled professionals hired outside of the merit system process) were protected under the Whistleblower Protection Act.
- Garner v. M-K Ferguson Corp., 456 S.E.2d 907 (S.C. 1995). Served as co-counsel in the first state Supreme Court case to obtain the right to a jury trial under state employment law for a whistleblower at a nuclear weapons plant.
- In the Matter of Georgia Power Company, 37 NRC 96 (1993). Established standard for NRC licensing proceedings related to the character and competence of nuclear managers.
- Greenhouse v. Army Corps of Engineers. Successful representation of top army contracting officer who exposed illegal no-bid contracts awarded to Halliburton for the War in Iraq.
- Haddle v. Garrison, 525 U.S. 121 (1998). Lead attorney for public interest Amicus Curiae in case establishing employee-witness protection under 42 U.S.C. § 1985(2).
- Hobby v. Georgia Power Co., Case No. 90-ERA-30 (U.S. Dept. of Labor), No. 01-10916 (11th Cir. 2002) (argued). Co-counsel in judicial and administrative litigation over a ten-year period establishing numerous precedents in Labor Department corporate whistleblower cases regarding liability and damages available to high ranking corporate officers. Having obtained over $5,000,000 in total damages, this case continues to represent the largest financial victory by any nuclear/environmental whistleblower.
- Ikossi v. Department of the Navy, 516 F.3d 1037 (D.C. Cir. 2008). Co-Counsel in case establishing precedent under the “mixed case” doctrine, carving out an exception for federal employees to file claims in federal court. (Oral Argument available here)
- Jenkins v. EPA, 1992-Clean Air Act (CAA) Case No. 3 (U.S. Secretary of Labor). Established precedent that a retaliatory reassignment constituted adverse action. Prevailed in merits hearing.
- Kansas Gas & Electric v. Brock, 780 F.2d 1505 (10th Cir. 1985) Represented public interest amicus curiae in precedent setting case developing the law protecting internal corporate whistleblowers.
- Khandelwal v. Southern California Edison, 1997-ERA-6 (Department of Labor). Precedent requiring Administrative Law Judges to permit whistleblowers to fully present their cases with competent counsel.
- Kobus v. FBI, OARM-WB No. 06-3. Lead Counsel in a successful case before the Office of Attorney Recruitment and Management on behalf of an FBI employee who reported wrongdoing as part of his ordinary oversight role at the FBI and was retaliated against. Whistleblower’s profile.
- Macktal v. Secretary of Labor, 923 F.2d 1150 (5th Cir. 1991). Established national precedent prohibiting restrictions in private contracts that prohibited an employee’s right to report safety violations to the U.S. government; established precedent that the Secretary of Labor could not lawfully alter material terms of a settlement agreement entered into between two private parties.
- Manion v. Nitelines, et al. (E.D. North Carolina)(2013). First case to find that private sector independent contractors were protected as “employees” under the Defense Department Whistleblower Protection Act.
- Marcus v. EPA, 92-Toxic Substances Control Act Case No. 5 (U.S. Secretary of Labor). Obtained first-ever ruling establishing coverage of federal EPA employees under the employee protection provisions of the Clean Air Act and Safe Drinking Water Act. Obtained reinstatement, back pay and compensatory damage awards for wrongfully fired Senior Science Advisor. Lead trial and appellate counsel.
- Mitchell v. Arizona Public Service Co., Case No. 91-ERA-9 (U.S. Dept. of Labor). First ever decision applying “hostile work environment” doctrine in nuclear whistleblower case. Prevailed in merits hearing and obtained compensatory damage award
- Mosbaugh v. Georgia Power Co., 91-ERA-1 (ALJ Oct. 30, 1992) (co-counsel at hearing and on appeals). Established key precedent governing when a whistleblower can engage in one-party taping to document misconduct. Whistleblower was ordered reinstated with full back pay after being fired for taping conversations of corporate executives conspiring to violate safety rules.
- Murphy v. IRS, 460 F.3d 79 (D.C. Cir. 2006). First successful constitutional challenge under the 16th Amendment to the taxation of compensatory damages. Decision vacated and reversed on other constitutional grounds, 493 F.3d 170 (D.C. Cir. 2007), rehearing, en banc, denied by Murphy v. IRS, 2007 U.S. App. 05-5139 (D.C. Cir., 2007), certiorari denied by Murphy v. IRS, 2008 U.S. 05-5139 (U.S., Apr. 21, 2008).
- NACDL, et al. v. Department of Justice, 182 F.3d 981 (D.C. Cir. 1999). Successful Freedom of Information litigation resulting in the release of the DOJ Inspector General report exposing high-level misconduct within the FBI crime lab, and awarding interim attorneys fees under FOIA.
- Nunn v. Duke Power Company, 84-Energy Reorganization Act Case No. 27 (Secretary of Labor). Established right of nuclear workers to disclose safety problems to non-governmental public interest organizations.
- Nat’l Whistleblower Ctr. v. HHS, 904 F. Supp. 2d 59 (D.D.C. 2012). Preliminary injunction forcing FDA to immediately release records related to FDA’s email monitoring of employee-whistleblowers; precedent holding that agencies waive right to withhold privileged documents that contain strong evidence of government misconduct.
- Opthof v. Ashland Chemical Co., 94-CAA-7 (ALJ May 8, 1995). Prevailed at merits hearing on behalf of wrongfully discharged chemical engineer. Lead trial counsel.
- People v. O.J. Simpson. Represented leading FBI forensic chemist during two days of confidential depositions in the O.J. Simpson criminal trial.
- Plumley v. Federal Bureau of Prisons, 86-CAA-6 (ALJ June 22, 1987). First-ever successful employment-related whistleblower case on behalf of federal prisoner.
- Roberts v. FBI (Office of Inspector General Investigation). Removal of FBI Assistant Director after finding that FBI Supervisory Special Agent John Roberts was subjected to retaliation after 60 Minutes interview.
- Russo v. EPA. Won order reinstating whistleblower as the director of an EPA research laboratory. Ruling cited in the legislative history of the No Fear Act as one of the cases that triggered the passage of that law.
- Sanjour v. EPA, 56 F.3d 85 (D.C. Cir. 1995)(en banc) and 7 F.Supp.2d 14 (D.C.D.C. 1998)(argued). Nationwide injunctive relief on behalf of all federal employees establishing their First Amendment right to publicly blow the whistle on their employing agencies.
- Saporito v. Arizona Public Service Co., 92-ERA-30 (DOL proceedings). Precedent on the right of whistleblowers to circumvent the “chain of command” in raising safety concerns.
- In re: SCBA Liquidation. Representation of qui tam whistleblower in bankruptcy proceedings against the former largest U.S. bulletproofs vest-manufacturing company. Company admitted to liability to the United States for contracting fraud in the amount of approximately $300 million.
- Sylvester v. Parexel International LLC, 2007-SOX-39, 42 (May 25, 2011)(argued). Argued case key case establishing the controlling precedent on standards for raising a protected disclosure under corporate whistleblower laws.
- Thomas v. Arizona Public Service Co., 89-ERA-19 (DOL proceedings) (SOL proceedings). Co-counsel at hearing and on appeal establishing liability under whistleblower law for denial of training opportunities.
- Thompson v. U.S. Dept. of Labor, 885 F.2d 551 (9th Cir. 1989)(argued). Obtained judicial recognition of the requirement that the Department of Labor approve settlement agreements in federal nuclear whistleblower cases. Obtained first Equal Access to Justice attorney fee award against Department of Labor under nuclear whistleblower law.
- Linda Tripp v. Department of Defense, 104 F. Supp.2d 30 (D.D.C. 2000), 99-2554 (2001) 173 F.Supp. 2d 58 (D.D.C. 2001), 193 F.Supp.2d 229 (D.D.C. 2002), 01-157 (D.D.C 2002) 219 F.Supp.2d 85 (D.D.C. 2002), 99-2554 (D.D.C. 2002) 257 F.Supp.2d 37 (D.D.C. 2003), 194 F.R.D. 344 (D.D.C. 2000) and 200 F.R.D. 140 (D.D.C. 2001). Co-counsel for precedent setting litigation on behalf of nationally recognized whistleblower. Case resulted in one of the largest Privacy Act settlements ever awarded by the U.S. government.
- Turner v. Gonzales, 421 F.3d 688 (8th Cir. 2005)(argued). Appeals Court precedent on definition of adverse action in performance review and transfer cases filed under Title VII of the Civil Rights Act. Obtained maximum permitted compensatory damage award in the remand-jury trial. Lead trial and appellate counsel. (Oral Argument available here).
- In re: Jane Turner (2013). Largest compensation award issued by Deputy Attorney General under the FBI Whistleblower Protection Act after prolonged administrative adjudication ($900,000.00 in damages and fees).
- TWA 800 Airline Crash. Representation of FBI’s former Chief Metallurgist in proceedings before the U.S. Senate Judiciary Committee concerning FBI misconduct during the investigation into the causes of the crash of TWA flight 800.
- U.S. ex rel. Barko v. Halliburton, 952 F. Supp 2d 108 (D.D.C. July 8, 2013). Co-counsel for Plaintiff-Relator in False Claims Act case alleging Iraq War contracting fraud. Successfully prevailed on motions and obtained order denying motions to dismiss and finding jurisdiction over subcontractor based in Jordan. The D.C. district court has ordered the release of incriminating documents which Halliburton had repeatedly attempted to keep out of court, claiming Attorney-client privilege. Kohn & Colapinto has also filed a petition for Writ of Certiorari. (May 7, 2014 Oral Argument Available Here).
- U.S. ex rel. Gibbs v. MTI, (D.D.C.). False Claims Act qui tam whistleblower case brought by a former manager at a defense contracting firm alleging that the firm double-billed the government for labor and parts. The case settled shortly after the relator died. Successfully concluded the case and obtained close to a million dollars on behalf of the U.S. taxpayers, which was split between the U.S. and the whistleblower’s estate.
- U.S. ex rel. Harris v. J.P. Morgan Chase, (D. Mass.). Co-counsel under the False Claims Act for wrongful foreclosures on residential mortgages, resulting in U.S. intervention and obtaining $6.19 million settlement of False Claims Act case.
- U.S. ex rel. Irwin v. Significant Education, (D. Ariz Feb. 10, 2009), (D. Ariz. June 7, 2011). Co-counsel under the False Claims Act for illegal recruiting of students at private, for-profit university. Obtained $5.2million settlement on behalf of relator and United States, and a 28% “relator’s share.”
- U.S. ex rel. Nouri v. World-Wide Language Resources, Inc. (E.D. Pa.). Co-counsel under False Claims Act for illegal charges incurred by United States in War in Afghanistan. United States intervened and the relator obtained reward.
- U.S. ex rel. Richardson v. Bristol Myers Squibb. Co-counsel for employee relator in one of the largest pharmaceutical False Claims Act cases successfully resolved in the United States, resulting in civil payments to government of over $500 million dollars.
- U.S. ex rel. Westrick v. Second Chance Body Armor, et al., 685 F. Supp. 2d 129 (D.D.C. 2010). Lead counsel for employee relator in False Claims Act litigation against manufacturer and supplier of material for defective bulletproof vests. United States intervened.
- U.S. v. McVeigh and U.S. v. Nichols. Co-counsel for leading FBI explosives expert in various proceedings related to the Oklahoma City bombing case, including confidential depositions, represented expert witness in live testimony in the Nichols state trial, proceedings before the DOJ Office of Inspector General and obtaining a temporary restraining order and injunction from U.S. District Court prohibiting witness intimidation. Reported widely in the national press.
- U.S. v. Rahman and U.S. v. Salemeh (first World Trade Center bombing cases). Co-counsel for leading FBI explosives expert concerning forensic misconduct in the first and second World Trade Center bombing cases. Widely reported in the national press.
- Avirgan v. Hull, 118 F.R.D. 252 and 118 F.R.D. 257 (D.D.C. 1987). Represented the Village Voice in establishing the national precedent for allowing journalists to attend pretrial depositions in cases impacting on the public interest over the objection of the deponent
- Vermont Agency of Natural Resources v. U.S. ex rel. Stevens, 529 U.S. 765 (2000). Co-counsel for public interest group in Amicus Curiae brief filed in case upholding the constitutionality of key provisions of the False Claims Act.
- Villanueva v. FBI, No. 98-CV-01704 (D.D.C.). Obtained right of FBI agents to pursue claims under the First Amendment based on illegal retaliation for First Amendment protected speech.
- Weaver v. USIA, 87 F.3d 1429 (D.C. Cir. 1996)(argued). Recognized right of federal employees to obtain prospective injunctive relief in federal court (without exhausting administrative remedies with the Merit Systems Protection Board) in cases involving violation of First Amendment rights.
- Wensil v. B.F. Shaw Co. (1987). Lead Counsel in proceedings before the Department of Energy Office of Inspector General on behalf of the first two successful whistleblowers at a nuclear weapons production facility. Obtained reinstatement and damage awards.
- Wiest v. Lynch, No. 11-4257 (3d Cir. Mar. 19, 2013) (argued). Established favorable precedent on standard of proof for a protected disclosure under the Sarbanes-Oxley Act. (Oral Argument available here).
- Dr. Frederic Whitehurst v. FBI (administrative and judicial proceedings in 1993-98). Successfully represented firstnationally recognized FBI whistleblower. Case resulted in President Clinton ordering the Attorney General to establish whistleblower protections for FBI employees for the first time. See Memorandum of President William Jefferson Clinton, Vol. 62 Federal Register No. 81, p. 23123 (April 14, 1997). In addition, the case achieved the accreditation of the FBI crime laboratory and the re-opening and/or review of thousands of criminal cases tainted by fraudulent laboratory procedures. Dr. Whitehurst obtained a final million-dollar plus settlement to resolve allegations of violations of the Privacy Act and other federal laws.
- Youssef v. FBI, 687 F.3d 1332 (D.C. Cir. 2012) (argued). Lead counsel in successful appeal filed on behalf of the highest-ranking Arab American FBI agent who exposed discriminatory practices and weaknesses in the FBI counterterrorism program. (Oral Argument Available Here).
Pro Bono Public Service
Dedicated to protecting whistleblowers, the National Whistleblower Center (NWC) and the National Whistleblower Legal Defense and Education Fund were founded by three experienced whistleblower-rights attorneys, Stephen M. Kohn, Michael D. Kohn and David K. Colapinto. All of the attorneys at Kohn, Kohn & Colapinto are dedicated to the mission of the NWC and the Fund and provide pro bono services through the law firm on behalf of whistleblowers.
Your Content Goes Here
- Saving America’s “Most Important Tool to Uncover and Punish Fraud”: 25 Facts That Rebut the Chamber of Commerce’s Proposal to undermine the False Claims Act (July 30, 2014).
- The Legality of the IRS’ Proposed Whistleblower Rule: Flunking the Loving Test (June 5th, 2014)
- Policy Analysis as to the Congressional to Provide Awards to All Whistleblowers Who Submit Information that Leads to a Successful Enforcement Action, Including Those Who Submitted Information Before the Passage of the Dodd-Frank Act (November 9, 2012)
Profile
Congress Set to Approve Rewards for Wildlife Crime Whistleblowers
Kelsey Condon2020-06-08T20:07:08+00:00November 1st, 2019|Whistleblower News and Qui Tam Blog, Wildlife Crime Whistleblowers|
Last week, the Senate passed the bipartisan Rescuing Animals With Rewards (“RAWR”) Act. The companion bill previously passed in the House this July. “ ...
Whistleblower Dr. Aaron Westrick Continues Commitment to Ethics After Settlement in Bulletproof Vest Case
Kelsey Condon2020-06-08T20:08:41+00:00December 20th, 2018|