Rule 4: Find the Best Federal Law
On January 1, 2021 the Anti-Money Laundering Act 2020 became law. The AML Act has a whistleblower provision.
Whistleblower protections and rewards for AML violations are explained here.
AML violations may also be covered under the Dodd-Frank Act, the IRS whistleblower law, and the Foreign Corrupt Practices Act.
AML whistleblowers, like Howard Wilkinson, have played a key role in reporting violations of illegal money laundering.
Statutes and Regulations
- Sarbanes-Oxley Act (SOX) – 18 U.S.C. 1514A
- Dodd-Frank – Securities Fraud
- Dodd-Frank – Commodities Fraud
- 12 U.S.C. § 1790b (credit unions)
- 12 U.S.C. 1831j (FDIC)
- 31 U.S.C. § 5328 (monetary transactions)
- 31 U.S.C. § 5323 (Anti-Money Laundering Whistleblower Protection Act)
Key Cases
- Haley v. Retsinas, 138 F.3d 1245 (8th Cir. 1998)
- Frobose v. American Savings and Loan, F. 3d 602 (7th Cir. 1998)
- Rouse v. Farmers State Bank, 866 F. Supp. 1191 (N.D. Iowa 1994) (interpreting law broadly to protect whistleblowers
Related Rules
How To
- 18 USCS § 1513(e) (Sarbanes-Oxley Wall Street reform legislation)
- Civil RICO, 18 U.S.C.1961-62 and 64.
- See Beck v. Prupis, 529 U.S. 494 (2000)
- DeGuelle v. Camilli, 664 F.3d 192 (7th Cir. 2011) (the Court permitted a whistleblower to file a civil RICO case based on violations of § 1514(e).
- United States v. Edwards, 291 F.Supp.3d 828 (2017)
- United States v. Edwards, — Fed.Appx. — (2019)
Related Rules
- Dodd-Frank (Rule 8)
Other Materials
- Securities Whistleblower Incentives and Protections
- SEC Protects Access to Whistleblower Rewards
- SEC Settles First Case of Retaliation Against Internal Whistleblower
- KBR Sanctioned After SEC Investigation Into Illegal Non-Disclosures Agreements
- Court Ruling Threatens Internal Compliance Programs
- See Martin Bishop, “Meet the New Boss: The Bureau of Consumer Financial Protection,” The CFSL Bulletin (July 23, 2010)
- Legislative History of Dodd-Frank, S. Rep. 111-176, 2nd Session 111th Congress (2010)
- In the Matter of BlackRock, Inc., SEC Administrative Filing 3-17786 (January 17, 2017) ($340,000 sanction for restrictive language in severance agreements)
- In the Matter of SandRidge Energy, Administrative Proceeding No. 3-17739 (December 20, 2016) ($1.4 million penalty for retaliating against whistleblower)
- In the Matter of KBR, Administrative File No. 3-16466 (April 1, 2015) ($130,000 sanction for requiring employees to sign restrictive nondisclosure agreements as part of the company’s compliance program).
- The SEC has also filed amicus briefs supporting whistleblowers in retaliation cases. These include Verble v. Morgan Stanley, No. 15-6397 (6th Cir., Feb. 4, 2016); Berman v. Neo@Ogilvy LLC,14-4626 (2nd. Cir., Feb. 6, 2015); Liu Meng-Lin v. Siemens AG, No. 13-4385 (2nd Cir., Feb. 20, 2014)
- Corporate Whistleblower Laws
- Equal Employment Opportunity Commission
- Wright v. Universal Maritime Service, 525 U.S. 70 (1998)
- Lingle v. Norge Division of Magic Chef, 486 U.S. 399 (arbitration of claims covered under a union contract)
- Water Pollution Control Act
- Safe Drinking Water Act
- Toxic Substance Control Act
- Solid Waste Disposal Act
- Clean Air Act
- Comprehensive Environmental Response, Compensation and Liability Act (Superfund Law)
- Surface Mining Act, 30 U.S.C § 1293
- Pipeline Safety Improvement Act, 49 U.S.C. § 60129
- The Department of Labor rules implementing these laws are codified at: 29 C.F.R. Part 24
- Link to Department of Labor Whistleblower Decisions
- Link to General Rules of Practice before the U.S. Department of Labor
- Link to Updated Decisions of Administrative Review Board
Important Links
Blogs and Updates
First Amendment Protections for Public Employees
- Attorney General Supports Increased Whistleblower Protections Under Federal Banking Laws FIRREA
- 12 U.S.C. § 4201-23
- United States of America v. The Bank of New York Mellon Corporation, 941 F. Supp. 2d 438, 451 (S.D.N.Y. 2013)
- United States ex rel. O’Donnell v. Bank of America, No. 12-01422 (S.D.N.Y. filed Oct. 24, 2012)
- United States v. Wells Fargo, No. 12-7527 (S.D.N.Y. filed Oct. 9 2012)
- Food Safety Whistleblower Protection Procedures Finalized
- Whistleblower Decisions
- 21 U.S.C. § 399d
- Committee on Energy and Commerce, “Food Safety Enhancement Act of 2009,” House Report No. 111-234 (July 29, 2009).
- Regulations implementing the food safety whistleblower law are published by the Department of Labor at 29 C.F.R. Part 1987.
- The FDA and Department of Labor entered into a Memorandum of Understanding to implement the law on June 20, 2011
Statutes and Regulations
- Foreign Corrupt Practices Act, 15 U.S.C. § 78dd, 78ff, 78m
- False Claims Act, 31 U.S.C. § 3729-3732
Related Rules
- FCPA (Rule 9)
Statutes, Regulations and Cases
- Sarbanes-Oxley Act
- 18 U.S.C. 1514A.
- 29 C.F.R. part 1980
- Sylvester v. Parexel International, 2007-SOX-39/42 (DOL ARB 2011)(major decision establishing broad definition of protected disclosure and “good faith” requirements; liberal rules for filing initial complaints).
- Johnson v. Siemens, 2005-SOX-15 (DOL ARB 2011) (broad definition of employers covered under SOX, including subsidiaries)
Related Rules
- Dodd-Frank Act (Rule 8)
Statutes
- Energy Reorganization Act (ERA) 42 U.S.C. § 5851
- 29 C.F.R. Part 24 and 29 C.F.R. Part 18
- 10 C.F.R. § 50.7
Important Links and Cases
- Nuclear Whistleblowers FAQs
- Link to Department of Labor Whistleblower Decisions
- Link to General Rules of Practice before the U.S. Department of Labor
- Link to Updated Decisions of Administrative Review Board
- Silkwood v. Kerr-McGee Corp., 667 F.2d 908 (10th Cir. 1981), reversed at 464 U.S. 238 (1984)
- See In re Five Star Products, 38 NRC 169 (1993)
- OSHA section 11(c) is codified at 29 U.S.C. § 660(c)
- The Labor Department regulations are located at 29 C.F.R. Part 1977.
- Occupational Safety and Health Act of 1970
- State Whistleblower Protections (Check state law as some states (i.e. Kansas) have found the federal Occupational Safety and Health Act to be “inadequate”)
- Reich v. Cambridgeport Air Systems, 26 F.3d 1187 (1st Cir. 1994) (permitting compensatory and punitive damages to be awarded under OSHA)
- States court rulings protecting OSHA whistleblowers under state law: Kinzel v. Discovery Drilling, 93 P.3d 427 (Alaska 2004)
- 49 U.S. Code § 60129 – Protection of employees providing pipeline safety information
- The Department of Labor rules implementing these laws are codified at: 24 C.F.R. Part 1981
- Link to Department of Labor Whistleblower Decisions
- Link to General Rules of Practice before the U.S. Department of Labor
- Link to Updated Decisions of Administrative Review Board
- Freedom of Information Act (FOIA)/Privacy Act Whistleblower Protections
- Freedom of Information Act Reference Guide
- Overview of the Privacy Act 1974
Federal Prosecution Sues Justice Department for Leaking Information and Blowing Cover of an Agent
Linda Tripp’s Lawsuit of Violation of Federal Law and Privacy
U.S. Public Health Service Commissioned Corps Officers have weak whistleblower protections. See Department of Health and Human Services Whistleblower Page. These officers are covered under the military whistleblower protection law, 10 U.S.C. § 1034.
The law is administered in accordance with procedures published by the Department of Health and Human Services. The Department of Defense also has a detailed explanation regarding how this law functions.
Related Rules
- Act to Prevent Pollution from Ships (Rule 11)
Important Links
- Protection of Seaman against Discrimination, 42 U.S.C. § 2114.
- Protection for Members of Coast Guard, 33 C.F.R. Part 53.
- DOL Issues New Whistleblower Protections for Seamen
- Link to Department of Labor Whistleblower Decisions
- Link to General Rules of Practice before the U.S. Department of Labor
- Link to Updated Decisions of Administrative Review Board
- National Transit Systems Security Act, 6 U.S.C. § 1142
- Railway Safety Labor Act, 49 U.S.C. § 20109
- Surface Transportation Act, 49 U.S.C. §§ 31101, 31105
- Whistleblower Decisions
- U.S. Department of Labor rules implementing the transportation whistleblower laws: 29 C.F.R. Part 1978 (surface transportation); 29 C.F.R. Part 1982 (national transit and railroad safety). The rules governing the administrative hearings are located at 29 C.F.R. Part 18
Related Rules
- Auto Safety (Rule 10)
- Civil Rights Act of 1871 (Congress prohibited all conspiracies to deter or harass witnesses who testified in U.S. court proceedings)
- Haddle v. Garrison, 525 U.S. 121 (1998)