Mary Jane Wilmoth is the firm’s managing partner. She litigated cases involving whistleblower protection for environmental and nuclear industry whistleblowers, and Qui Tam/False Claims whistleblowers. Ms. Wilmoth joined the firm in 1992 and worked on cases and hearings that involved complex nuclear and environmental regulations.
In her efforts to uphold such safeguards in the American workplace, she has helped to strengthen whistleblower rights in licensing and enforcement proceedings with the Nuclear Regulatory Commission. She has also defended whistleblowers at the Environmental Protection Agency in actions before the Department of Labor.
Ms. Wilmoth is a Trustee at the National Whistleblower Center Legal Defense & Education Fund. She is a member of the Board of Directors of the National Whistleblower Center, where she serves as the corporate secretary and treasurer. She is also the Editor of the Whistleblower Network News blog.
Promoting International Qui Tam Whistleblowing
Kohn, Kohn and Colapinto has played an instrumental role in advancing whistleblower rights worldwide. Currently the partners represent whistleblowers from every continent on earth (except Antarctica) in pursuing whistleblower reward cases under U.S. laws.
Steve Kohn has been sponsored by the U.S. Department of State to promote whistleblowing on a world-wide scale, including special seminars and programs in the Czech Republic, Hungary, Bosnia, Serbia and Thailand. He has given major keynote addresses in Peru and Greece and presented in numerous international conferences and has testified on behalf of whistleblowers before the European Parliament and the Danish Parliament. Mike Kohn has made major international presentations in Poland, South Korea and Israel. The firm filed extensive comments supporting greater whistleblower protections in the now-approved European Directive on Whistleblowing.
Whistleblower attorney Stephen M. Kohn and partners of Kohn, Kohn & Colapinto regularly advise congress on crafting whistleblower laws. And play an instrumental role in drafting whistleblower protection laws, such as the Sarbanes-Oxley Act (SOX), The Whistleblower Protection Enhancement Act, and the Dodd-Frank Act.
SEC & IRS Rulemaking
During the Dodd-Frank rulemaking process, our partners worked closely with the SEC to create an effective whistleblower program. Kohn, Kohn & Colapinto’s partners met personally with each of the five SEC Commissioners. They presented them with detailed reports and proposals setting forth rules that were essential to make the law work for Dodd-Frank whistleblowers as intended by Congress. Furthermore, Kohn, Kohn & Colapinto’s whistleblower attorneys seek to protect and enhance legal protections for tax fraud whistleblowers. Our firm has filed numerous internal revenue service rulemaking petitions, filed extensive briefs to the IRS and testified at IRS rulemaking hearsing to strengthen the tax whistleblower program.
[Read More]In recognition of the growing importance of whistleblower litigation, The National Law Journal named the whistleblower attorney and advocacy law firm of Kohn, Kohn & Colapinto as one of top fifty plaintiff’s law firms in the United States. The firm’s partners were officially named as among “America’s Elite Trial Lawyers.” In its September 29, 2014 article, “Elite Trial Lawyers: The 50 Leading Plaintiff’s Firms in America,” the National Law Journal named Kohn, Kohn & Colapinto as one of the firm’s “doing the most creative and most important work in the courtroom.”
- 2019 - 2024 – LawDragon 500 Leading Plaintiff Financial Lawyers
- 2013-2020 – A-V Preeminent, Martindale-Hubbell®
- 2014 – “Elite Trial Lawyers” Designation, National Law Journal (Awarded to KKC LLP)
- 2014 – America’s Most Honored Professionals, American Registry (Awarded to KKC LLP)
- 2009 – Top Attorneys, Washington DC Super Lawyers (Awarded to KKC LLP)
- 2008 – Friend of the IEEE Award
- 2003 – “Hot List” of Plantiff’s Law Firms, National Law Journal
- 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.
- 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.
- 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.
- Opthof v. Ashland Chemical Co., 94-CAA-7 (ALJ May 8, 1995). Co-counsel. Prevailed at merits hearing on behalf of wrongfully discharged chemical engineer.
- 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). 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.
- Dr. Frederic Whitehurst v. FBI (administrative and judicial proceedings in 1993-98). Successfully represented first nationally 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.
What Clients are Saying
“Among the most experienced and skilled attorneys practicing in the specialization of whistleblower law”
“I couldn’t have navigated the shark invested waters whistleblower face without the passion, dedication, determination, and brilliance of my incredible attorneys.”
“…the three co-founders of the National Whistleblower Center, these are important names, Stephen Kohn, Michael Kohn and David Colapinto, thank you so much for all that you do, they broke the mold with these visionaries and we are all better for it.” – National Whistleblower Day, 2018
Mary Jane's Latest Thinking
DOJ Withdraws Appeal of Tax Court Decision Including Criminal Fines as “Collected Proceeds”
IRS Whistleblowers to Receive $12.9 Million for Assisting in Tax Fraud Prosecution of Swiss Bank Washington, D.C. March 30, 2018. Yesterday the Department of Justice (DOJ) dismissed its appeal of the tax court’s decision in Whistleblower 21276-13W and 21277-13W v. CIR, Case Nos. 17-1119 and 1120 (D.C. Cir.). In its decision, the Tax Court found that the whistleblowers’ information was critical in building a successful criminal fraud case against the Swiss bank and held that criminal fines for conspiracy to defraud IRS and for filing false tax returns are considered “collected proceeds” under the whistleblower law. This case has been closely monitored by both the tax law and whistleblower communities, with key support coming from former DOJ tax prosecutors who warned that limiting tax whistleblower rewards could have a crippling impact on criminal tax cases and Senator Charles Grassley, the sponsor of the original tax whistleblower law, who both filed amicus briefs in support of the whistleblowers. ...
Proof of Intent Not Required for Constructive Discharge Allegation under False Claims Act
In a March 2 decision, the Sixth Circuit Court of Appeals ruled that plaintiffs who sue their former employers for constructive discharge under the False Claims Act do not need to show that their employer intentionally forced them out of their jobs. The case involved Sue Smith, a director of nursing, who quit her position with LHC Group Inc., a home health care provider, to avoid being caught up in what she perceived to be an illegal scheme to defraud the government. Smith alleged that other employees regularly bypassed proper procedure and admitted patients without the requisite clinical evaluation and documentation. Senior management ignored her reports and allegedly boasted that the fraudulent scheme brought in $6 million annually. Smith, felt she had no choice but to quit or later be subject to prosecution if she remained in her supervisory position while other employees continued the fraud. Smith then sued LHC ...
False Claims Act Qui Tam Whistleblower Lawyer Examines Recent Supreme Court Petitions
Kohn, Kohn & Colapinto, LLP partner, David Colapinto, who handles many False Claims Act qui tam whistleblower cases, was interviewed by Bloomberg BNA for an article in its Federal Contracts Report, “Contractors May Learn There’s No False Claims Silver Bullet.” Colapinto was asked to evaluate and comment on an issue arising in two pending petitions seeking Supreme Court review. The issue is whether a False Claims Act case must be dismissed for lack of materiality if the government learns about the fraud through the filing of a whistleblower qui tam complaint, but continues to pay the contractor anyway. In June of 2016, the Supreme Court ruled in Universal Health Services, Inc. v. United States, ex rel. Escobar, that continued payments by the government after it has “actual knowledge” of the fraud “is very strong evidence” that the violations or fraud “are not material.” Since the Universal Health decision, contractors have argued, with mixed results, that continued payments by ...
Our Client Received the Largest Whistleblower Reward in World History of $104 Million
Bradley Birkenfeld broke the back of Swiss bank secrecy. He was the first Swiss banker to file a case under the IRS whistleblower law. The results were unprecedented. UBS bank (at the time the largest bank in the world) had to pay a fine of $780 million. They also had to close all known U.S. accounts, and for the first time in history, the bank turned over the names of 4450 U.S. taxpayers for prosecution in the United States. Mr. Birkenfeld obtained the largest ever individual qui tam whistleblower award in history, $104 million.
Pro Bono Public Service
Dedicated to protecting whistleblowers, the National Whistleblower Center (NWC) was founded in 1988 by three experienced whistleblower-rights attorneys, Stephen M. Kohn, Michael D. Kohn and David K. Colapinto. Mary Jane was selected as the NWC's first Public Interest Law Fellow, and soon became a major leader in the NWC. She currently is the NWC corporate Treasure and serves on its Board of Directors. She founded the whistleblower protection blog, and for years managed many of the NWC's highly successful programs.