The Rules for Whistleblowers

Rules for Whistleblowers: A Handbook for Doing What's Right
Rules for Whistleblowers - 3 Ways to Order

Essential Reading for Compliance Professionals

A complete guide rewards and protection

Learn how whistleblowers have saved lives, stopped frauds, protected their jobs, and earned million-dollar rewards for doing the right thing. Rules for Whistleblowers is Stephen M. Kohn’s seventh book on whistleblowing and is a fully updated and expanded revision of The Whistleblower’s Handbook, the first-ever comprehensive consumer guide to exposing workplace wrongdoing.

Kohn’s thirty-seven rules highlight the “traps” facing whistleblowers today and address how to file anonymous cases and qualify for multi-million-dollar rewards. Kohn carefully explains complex rules governing laws including the Dodd-Frank, IRS, and False Claims Acts, as well as detailed strategies for fighting retaliation. He also covers controversial issues such as taping, removing documents, and ignoring nondisclosure agreements.

What’s Inside?

Through the tireless efforts of whistleblowers, lawmakers, and advocates, whistleblower protection laws have been considerably reinforced over time.

Discover the story of Vera English, a nuclear whistleblower from the mid-1980s who faced tremendous losses while confronting her influential employer. As incidents like Vera’s grew increasingly prevalent, Congress intervened to provide enhanced safeguards for whistleblowers.

Consequently, the perception of whistleblowers shifted from vocal, “disgruntled” employees, to government informants, with the majority of whistleblowing occurring behind closed doors.

In the present day, whistleblowing is safer than ever, but only for those who are well-versed in the whistleblower protection laws.

Why expose yourself as the center of attention in the news when you can blow the whistle confidentiality and/or anonymously?

Modern whistleblower laws encourage a greater number of whistleblowers to report their concerns, which safeguards them from employer retaliation.

Choosing to report misconduct increases the likelihood of a successful case, while minimizing risks to your career, finances, and overall well-being. Allow government regulators to take on the burden of investigation on your behalf.

Stephen Kohn, a renowned author on the subject, has observed the positive effects of such confidentiality provisions. In his work, “Rules for Whistleblowers,” Kohn delves into the significance and success of these provisions, specifically highlighting their importance.

Assisting the government or exposing a fraudster could make you eligible for a substantial reward, which depends on your cooperation, involvement in the investigation, and other factors.

The integration of reward provisions into whistleblower laws has led to a significant increase in tips and successful cases. Empowering and protecting whistleblowers ensures their safety, while offering rewards may encourage those with compelling evidence to step forward. Additional benefits may include attorney’s fees, damages, reinstatement and backpay.

This chapter covers the essentials for qualifying for a reward, the factors determining the award percentage, the agency’s perspective on financial compensation, and the research supporting the effectiveness of reward laws. The author Stephen Kohn, has experience winning some of the largest whistleblower rewards in history—including several over $100 million.

Originally created to address defective gunpowder in the Civil War, qui tam laws like the False Claims Act now underpin billion-dollar sanctions against multinational companies. These laws encourage individuals to report fraudulent activities, operating on the principle that it takes a “rogue to catch a rogue,” to expose wrongdoings effectively.

Individuals involved in the fraud, including co-conspirators, can file claims and often serve as valuable resources in investigations. While immunity is not guaranteed for all informants and crime kingpins have never been rewarded, insiders play a crucial role in catching perpetrators.

The substantial sanctions and the ever-present threat of whistleblowers contribute to the deterrence effect of the False Claims Act, making it a highly successful law at the federal, and sometimes state and city levels.

Whistleblowing involves reporting fraudulent activities within an organization, and doing so can be a challenging process. This chapter in Rules for Whistleblowers highlights five common mistakes whistleblowers make and how to circumvent them.

Trap #1: Doing the “Right Thing” Is Not Enough
When facing a legal battle, your employer often has more resources at their disposal. Simply reporting fraud isn’t enough to guarantee a smooth process. Be prepared for potential challenges from your former employer, and ensure you meet all deadlines and complete necessary paperwork.

Trap #2: Thinking Whistleblowing Is an Employment Dispute
While some cases involve employment issues, the most effective whistleblowers remain undetected by their employers. These “recruitments-in-place” discreetly provide information to the government without jeopardizing their jobs. Whistleblowing doesn’t necessitate public exposure; working behind the scenes can protect your livelihood.

Trap #3: Ignoring Powerful Tools
Whistleblower-triggered cases have resulted in billions recovered, demonstrating the effectiveness of these informants. Whistleblower rewards are guaranteed for those who follow the correct steps, and financial incentives have been proven to encourage people to come forward.

Trap #4: Delay
Delaying your report can jeopardize your case, even if it is strong. To qualify for an award, you must meet the statute of limitations, be the first to file original information, and voluntarily report. If you delay, you risk losing the opportunity for financial compensation, as demonstrated in the case of Eugene Ross, who reported and never saw a penny in the famous Bear Stearns case.

Trap #5: Denial
Don’t deny your whistleblower status. Report promptly to avoid missing critical deadlines that could undermine your case. Informally addressing the issue internally instead of initiating a formal government investigation may lead to retaliation from your employer.

New from Stephen M. Kohn

Rules for Whistleblowers

Learn how whistleblowers have saved lives, stopped frauds, protected their jobs, and earned million-dollar rewards for doing the right thing.