Historic Whistleblower Cases

Since 1986, our firm has represented thousands of international whistleblowers, helping them win record-breaking awards and recover billions of dollars while protecting them from retaliation.

  • $2 Billion Recovered

    Howard Wilkinson

    Wilkinson blew the whistle on a $230 billion Russian money-laundering scandal that moved rubles out of Russia, converted them to dollars at Danske Bank Estonia Branch, then to moved the dollars to New York. The largest money laundering scandal in history.

  • $104 Million Reward

    Bradley Birkenfeld

    As an international banker at UBS in Switzerland, Bradley Birkenfeld exposed a massive tax evasion scheme, leading UBS to disclose over 4,450 U.S. tax evaders and pay a $780 million fine to the IRS. He was awarded $104 million by the IRS for his information.

Bradley Birkenfeld - Largest Whistleblower Reward in History

“The only lawyer on my side was Stephen M. Kohn. He was as smart as they come and feisty as a pit bull. Steve was convinced the government owed me a fat reward, and he was going to get it, or die trying.”

Bradley Birkenfeld, Former UBS Employee, Recipient of the Largest Tax Whistleblower Reward ($104M) in History
Linda Tripp - Retaliation Whistleblower

“Most law firms it really is all about billable hours. For these guys it’s all about the justice.”

“They fought tooth and nail for me.”

Linda Tripp, Clinton-Lewinsky Scandal, Retaliation Victim

“We would like to express our appreciation for all your efforts. Whatever the outcome, your perseverance and conviction on our behalf means so much to us. You both have been supportive, honest and dedicated when no one cared to listen. You are both exceptional. We thank you sincerely…”

Anonymous Whistleblower Client

Setting Precedents & Winning

Our cases have set precedents and have paved the way for greater whistleblower protections that enable whistleblowers to come forward anonymously without fear of reprisal.

  • Dr. Toni Savage

    Contract Fraud Exposed

    Dr. Tommie “Toni” Savage

    Dr. Tommie Savage, a seasoned contracting officer at the Army Corps of Engineers, uncovered a web of systemic corruption within the agency's Huntsville, Alabama contracting office. Her unwavering commitment to ethical government practices led to a relentless campaign of retaliation that would test her resilience and courage.

  • Andrés Olarte Peña

    Environment & Human Rights Violations Exposed

    Andrés Olarte Peña

    Oil industry’s environmental crimes and cover-up in Colombia have been exposed. Whistleblower Andrés Olarte Peña, with the support of his attorneys Kohn, Kohn & Colapinto and the damning evidence compiled in the Iguana Papers, is calling for an investigation into Ecopetrol and its executives by the Colombian government and the U.S. Securities and Exchange Commission.

  • Bryan Swanton

    Qui Tam Victory

    Bryan Swanton

    Whistleblower Bryan Swanton's qui tam lawsuit led to a $625,000 settlement against Instec Inc. for falsely claiming its Chinese-made scientific instruments were manufactured in the U.S. to secure government contracts.

  • Confidential Whistleblower - $112 Million in Wwards

    $112.6 Million Award

    Confidential Whistleblower

    Confidential Whistleblower’s disclosures resulted in 461 tax cheats paying over $562.9 million in fines and penalties. Whistleblower obtained awards of over $112.6 million. Client’s disclosures expected to trigger millions in additional awards and sanctions in 2024.

  • Foreign Corrupt Practices Act - Novartis Greece Bribery

    $300 Million in Sanctions and Fines

    Novartis Greece Bribery

    Our firm and Athens-based Greek law firm of Pavlos K. Sarakis & Associates jointly represented Greek whistleblowers who proved that the multinational Swiss-based pharmaceutical company Novartis paid millions in bribes to illegally market drugs in violation of the FCPA. Novartis was required to pay $300 million in sanctions and fines.

  • Whistleblower Attorney Case - Howard Wilkinson

    $2 Billion Recovered

    Howard Wilkinson

    Wilkinson blew the whistle on a $230 billion Russian money-laundering scandal that moved rubles out of Russia, converted them to dollars at Danske Bank Estonia Branch, then to moved the dollars to New York. The largest money laundering scandal in history.

  • IRS Case No. 2015-11701

    $11.9 Million Award

    Tax Award Case No. 2015-11701

    In July 2023, our client was awarded a significant sum of $11.9 million due to their involvement in the Tax Whistleblower Award Case No. 2015-11701. The IRS’s program for whistleblowers is a crucial mechanism that incentivizes individuals to spotlight tax fraud.

  • Tax Whistleblower Award Case No 2015-11793

    $11.9 Million Award

    Tax Award Case No. 2015-11793

    July 2023, our client obtained an award of $11.9 million in Tax Whistleblower Award in Case No. 2015-11793. The IRS whistleblower program offers substantial financial rewards to individuals who expose tax fraud.

  • Dr. Aaron Westrick

    Lives Saved

    Dr. Aaron Westrick

    Dr. Aaron Westrick filed a False Claims Act lawsuit against Toyoba, the manufacter of Zylon fiber, a material that degraded over time, which put thousands of lives in American police departments, federal law enforcement agencies, and the U.S. military at risk.

  • Bunny Greenhouse - Government Procurement Fraud

    $7 Billion Contract Exposed

    Bunnatine “Bunny” Greenhouse

    Bunnatine “Bunny” Greenhouse objected and exposed an illegal $7 billion no-bid Defense Department contract between Halliburton and the Army Corps of Engineers for the reconstruction of Iraq after the 2003 invasion.

  • Daniel Richardson - False Claims/Qui Tam Whistleblower - Healthcare Fraud

    Qui Tam Award to Whistleblowers: $50 Million

    Daniel Richardson

    Daniel Richardson, a former Senior District Business Manager for Bristol-Myers Squibb (BMS), prevailed in one of the largest qui tam whistleblower cases filed against a major pharmaceutical company for “off label” marketing and illegal kickbacks.

  • Bradley Birkenfeld - IRS Fraud Whistleblower

    $104 Million Reward

    Bradley Birkenfeld

    As an international banker at UBS in Switzerland, Bradley Birkenfeld exposed a massive tax evasion scheme, leading UBS to disclose over 4,450 U.S. tax evaders and pay a $780 million fine to the IRS. He was awarded $104 million by the IRS for his information.

  • James Connolly

    $7 Million Exposed

    James Connolly

    This case study examines the successful use of the California False Claims Act by our whistleblower client James Connolly, who held multinational bank HSBC accountable for defrauding the California Public Employees’ Retirement System (CalPERS), a public pension fund, out of $7 million.

  • Justice Against Retaliation

    Allen Mosbaugh

    After reporting safety violations at a nuclear power plant, Allen Mosbaugh was fired and, despite an initial ruling against him, was ultimately found to have been retaliated against for his whistleblowing activities.

  • SEC Whistleblower

    $30 Million Award

    SEC Confidential Whistleblower (2020)

    Protecting the confidentiality of Wall Street whistleblowers is among the most important breakthroughs in federal whistleblower law. Under the Dodd-Frank Act, whistleblowers can file anonymous cases, and everything about their case, including who they sued, remains secret.

  • Linda Mitchell - Arizona Public Services Company Retalation Whistleblower

    Precedent-Setting Case

    Linda Mitchell

    After reporting safety concerns about emergency lighting and plant drawings at a nuclear power plant, Linda Mitchell suffered five years of harassment and retaliation, ultimately receiving $50,000 in damages and setting a precedent for "hostile work environment" claims in nuclear whistleblower cases.

  • SEC Confidential Whistleblower

    $13.5 Million Award

    SEC Confidential Whistleblower (2021)

    Our firm represented an anonymous whistleblower, who on May 17, 2021, received a whistleblower award of almost $13.5 million. The SEC has issued more than $31 million in whistleblower awards related to this case.

  • Anonymous IRS Whistleblower

    $98 Million Award

    Anonymous Offshore Whistleblower

    The tax whistleblower exposed major international illegal tax schemes for offshore banks. This whistleblower’s allegations led to 387 US payers getting caught red-handed, having stashed millions in illegal offshore accounts.

  • Alexander “Sasha” Chepurko

    $100 Million Exposed

    Alex “Sasha” Chepurko

    Alex Cherpuko, a 21-year-old whistleblower at the time, exposed a $100 million criminal enterprise, securing a $69.6 million judgment and becoming the first to simultaneously use False Claims Act, Dodd-Frank Act, and IRS whistleblower laws.

  • Bassem Youssef - FBI Whistleblower

    Protecting Top Counterterrorism Agent

    Bassem Youssef

    In July, 2006 the Justice Department's Office of Professional Responsibility concluded that the FBI illegally retaliated against Youssef because he had allegedly made whistleblower disclosures to the Director of the FBI and a Member of Congress.

  • Whistleblowers 2176176 and 77 - Tax Whistleblowers

    $17.4 Million Award

    Tax Whistleblowers’ 21276-13W & 21277-13W

    A husband and wife team, Whistleblowers’ 21276 and 77, played the leading roles in a high-stakes confidential “sting” operation against a sophisticated international criminal enterprise that managed over $1.2 billion in offshore “secret accounts.”

  • Frederic Whitehurst

    $1.42 Million Settlement

    Frederic Whitehurst

    Frederic Whitehurst, renowned as the FBI’s foremost explosives expert, made history as America’s first successful FBI whistleblower. His courageous actions exposed critical issues, leading to significant reforms within the agency.

  • Dr Duane Bonds - Retaliation Whistleblower

    Lives Saved

    Dr. Duane Bonds

    Dr. Bonds, a leading sickle cell researcher, was retaliated against and ultimately fired after reporting the unethical and illegal collection of blood samples from African-American infants without proper informed consent, leading to a legal battle over whistleblower protection and discrimination.

  • Harry Barko - National Defense and Contract Fraud Whistleblower

    Setting Precedent: Banning NDA's Under Dodd-Frank

    Harry Barko

    Harry “Hap” Barko, Jr., a former contract administrator for KBR in Iraq, discovered that Halliburton/KBR and other contractors inflated the costs of construction services on military bases in Iraq.

  • James J. Bobreski

    Lives Saved

    James J. Bobreski

    Bobreski was retaliated against for blowing the whistle on the DC Water and Sewer Authority, who was unsafely storing over 100 tons of liquid chlorine that could have killed thousands.

  • Joseph Macktal and Harry Barko

    Precedent-Setting: First Whistleblower Case Banning NDAs

    Joseph J. Macktal & Harry Barko

    Joseph J. Mackal stood up to the multinational construction company Brown & Root challenged their practice of paying money to workers in exchange for nondisclosure agreements (“NDAs") designed to hide safety flaws.

  • Marvin Hobby - Retaliation Whistleblower

    $5 Million Damages

    Marvin Hobby

    After raising concerns about false testimony and the legality of the company's structure, Georgia Power Company manager Marvin Hobby was retaliated against, ultimately winning a multi-million dollar settlement and reinstatement in a landmark victory for environmental and nuclear whistleblowers.

  • Paul Jayko - Environmental Whistleblower

    Lives Saved

    Paul Jayko

    Paul Jayko was an Environmental Specialist for the Ohio Environmental Protection Agency. He was terminated by the head of the Ohio EPA for exposing that public schools were being built on contaminated land causing a high occurrence of cancer.

  • Richard Covertino

    Justice Against Retaliation

    Richard Convertino

    After successfully prosecuting the first terrorism case after 9/11, former prosecutor Richard Convertino reported DOJ misconduct to the Senate, leading to his dismissal and a subsequent indictment for obstruction of justice, of which he was acquitted.

  • Robert Kobus - FBI Whistleblower

    Justice Against Retaliation

    Robert Kobus

    After discovering and reporting falsification of time records by FBI officials, operations manager Robert Kobus, despite a distinguished 34-year career, endured nine years of retaliation before his case was resolved.

  • Sibel Edmonds - FBI Whistleblower

    Justice Against Retaliation

    Sibel Edmonds

    After reporting security breaches and intelligence failures at the FBI, Sibel Edmonds was fired and subsequently silenced by the "State Secrets Privilege," preventing public discussion of her case.

  • Will Kramer - Environmental Whistleblower

    Lives Saved

    Will Kramer

    Will Kramer was an occupational health and safety consultant when he documented deeply disturbing conditions and improper handling of hazardous waste at several plants that recondition industrial plastic containers and steel drums.

  • David Lewis - Environmental Whistleblower

    Lives Saved

    David Lewis

    EPA microbiologist Dr. David Lewis, after discovering health risks associated with the agency's promotion of processed sewage sludge as fertilizer, faced suppression of his research but continued his advocacy, leading to CDC guidelines for worker safety and later vindication by the EPA's Inspector General.

  • William Marcus - Environmental Whistleblower

    Precent Setting Case

    William Marcus

    After documenting potential cancer risks associated with water fluoridation, EPA scientist Dr. William Marcus was fired but, following a legal battle revealing evidence of collusion and obstruction, was reinstated and awarded damages, setting a precedent for whistleblower protection under the Clean Air Act and Safe Drinking Water Act.

  • John Roberts - FBI Whistleblower

    Justice Against Retaliation

    John Roberts

    John Roberts is an FBI whistleblower who exposed misconduct in many high-profile scandals within the FBI, including the Ruby Ridge shootings, and was retaliated against after appearing in an episode of 60 Minutes.

  • William Sanjour

    Precedent Setting Case

    William Sanjour

    Represented pro bono by Kohn, Kohn & Colapinto in Sanjour v EPA, Sanjour challenged rules written by the Federal Office of Government Ethics which restricted EPA workers’ rights to speak to environmental community groups.

  • Dr. Toni Savage

    Landmark Case

    Dr. Tommie “Toni” Savage

    Dr. Tommie Savage, a seasoned contracting officer at the Army Corps of Engineers, uncovered a web of systemic corruption within the agency’s Huntsville, Alabama contracting office. Her unwavering commitment to ethical government practices led to a relentless campaign of retaliation that would test her resilience and courage.

  • Linda Tripp

    Privacy Act Victory

    Linda Tripp

    Linda Tripp, a central figure in the Clinton impeachment scandal, successfully sued the Department of Defense under the Privacy Act for retaliating against her by leaking private information after she blew the whistle on President Clinton's affair with Monica Lewinsky.

  • Justice For First Atomic Weapons Whistleblower

    Roger Wensil

    The DuPont contractor BF Shaw Company fired Mr. Wensil after blowing the whistle on illegal drug sales, safety violations, and the systemic quality failures taking place at a weapons facility that provided weapons-grade plutonium for U.S. government.

  • Jane Turner - FBI Whistleblower

    Jury Awards Maximum Damages for FBI Retaliation

    Jane Turner

    After reporting FBI misconduct in child sex crime cases and theft at the 9/11 crime scene, decorated FBI agent Jane Turner faced retaliation but won two separate whistleblower cases, receiving substantial damages and prompting reforms within the FBI.

  • FCPA Cases

    $70 Million in Rewards

    Foreign Corrupt Practices Act

    With an unwavering commitment to our clients who expose foreign corruption, we have been instrumental in obtaining over $70 million in rewards for multiple non-U.S. citizen whistleblowers across Europe, Asia, and Latin America.

  • Top 5 SEC Awards Granted

    $125 Million in Awards

    Landmark SEC Awards

    We have successfully represented a number of SEC whistleblowers, preserving their anonymity and securing sizable whistleblower rewards. In one case, we helped our client receive one of the ten largest whistleblower awards ever granted by the SEC.

  • Whistleblower Attorneys - Largest Whistleblower Reward of $177 Million - Lawyer Looking Out Window

    $135 Million Award

    Anonymous DOJ & IRS Case

    In order to protect our client’s confidentiality we have not disclosed any details relating to this case. But the award highlights our firm’s expertise in ensuring that whistleblowers receive the largest award they are eligible for.

  • Dr. Kiki Ikossi

    Precedent-Setting Case

    Dr. Kiki Ikossi

    Through her legal battle, Dr. Ikossi not only fought against discrimination but also paved the way for a more streamlined process for federal employees to pursue both discrimination and whistleblower claims.

Other Notable KKC Cases

American Medical Association in U.S. v. Phillip Morris

Co-counsel on amicus brief submitted on behalf of the American Medical Association in U.S. v. Phillip Morris in support of holding tobacco companies liable under RICO. Appeals court upheld this historic use of RICO to find fraudsters accountable.

Represented the Village Voice in establishing the national precedent for allowing journalists to attend pretrial depositions in cases impacting the public interest over the objection of the deponent.

This case was another early pioneering case challenging the legality of restrictive non-disclosure agreements (NDAs) that corporations widely used to silence whistleblowers.   The firm’s challenge to restrictive NDA commenced in 1988.  By 1995 we have convinced the Labor Department that such agreements needed to be fully struck-down, leaving the whistleblower free to continue to pursue his or her retaliation case and disclose safety concerns to the government.  The Labor Department joined with the Kohn firm in arguing against the legality of settlement agreements with restrictive NDAs.  The Fourth Circuit sided with the whistleblower.

Represented amicus curiae in a case filed to the Supreme Court on behalf of a qui tam whistleblower. Justices unanimously ruled in favor of whistleblowers, finding that a ten-year statute of limitations applicable to whistleblower-initiated claims when under specific conditions. This decision was a significant victory for whistleblowers under the False Claims Act.

Between 2008 and 2012, the partners at KKC had worked extensively with Congress to improve protections for federal employee whistleblowers.  In 2012, those efforts were successful, and Congress passed the Whistleblower Protection Enhancement Act (WPEA).  However, the issue of whether or not the WPEA protections were retroactive was critical to the thousands of pending cases filed before its passage.  Representing the National Whistleblower Center as an Amicus Curiae before the MSPB, the firm argued that the provisions of the WPEA broadly defining the scope of a protected whistleblower disclosure should be given retroactive effect as a “clarifying amendment” to existing law.  The MSPB agreed with this theory and applied the provisions of the WPEA, expanding the scope of protected disclosures (along with other vital reforms), to all pending cases.

Successfully argued appeal before the U.S. Court of Appeals for the Fourth Circuit expanding the protections afforded corporate employees under the Sarbanes-Oxley Act.  The case set a positive standard regarding the right of employees to remove documents from their worksite.

The KKC lawyers vigorously fought for the protection of internal whistleblowers, but the Supreme Court rejected these arguments. However, the ruling of the Supreme Court sent a clear message that SEC whistleblowers filing under the Dodd-Frank Act should report directly to the SEC to avoid retaliation. Read the amicus curiae brief and the court’s ruling.

In this case, the firm established an important precedent regarding the rights of temporary employees. In the nuclear industry, companies often hire employees to perform temporary “clean-up” work. These jobs can last only a few months. The whistleblower was fired for raising concerns, and could not obtain subsequent employment based on his bad reference. The Department of Labor ruled that although the job the whistleblower was fired from was only scheduled to last a few weeks, the whistleblower was entitled to damages arising from his inability to be re-employed doing similar temporary work. In other words, the company was liable to pay damages for all of the temporary jobs it did not hire him for, not just the one for which he was fired. The Labor Department Judge who heard the case ruled as follows:

 “It is beyond a doubt, that as a road technician, Complainant would go where he could find work. Had there been no prospects for future employment at the D.C. Cook plant, Complainant undeniably would have sought employment at another plant under contract with Hydro/Westinghouse. Complainant has demonstrated that similarly situated employees were regularly retained and rehired by Respondent. Therefore, Respondent is liable for back pay beyond the original term of employment.“

This ruling increased his damages from less than $25,000 to $218,000 in back pay and $154,000 in front pay. The case established precedent on the rights of temporary workers to obtain damages for lost future employment caused by illegal retaliation.

The whistleblower lawyers at Kohn, Kohn and Colapinto represented, pro bono, the National Whistleblower Center in this early critically important whistleblower case. Before the False Claims Act amendments of 1986, numerous states had stronger whistleblower laws than the federal government. Corporations regularly argued that federal laws covering whistleblowers pre-empted states from also protecting these workers.

Corporations wanted to force employees to use weaker federal laws to protect themselves and prohibit them from using state whistleblower laws, which often included punitive damages. This fight came to a head in the Supreme Court in the case of Vera English, who lost her federal case because she failed to comply with a 30-day statute of limitations. She then attempted to use state laws to obtain protection. The Supreme Court sided with the whistleblowers, and after that, the federal preemption defense was all but dead in whistleblower cases.

Represented, pro bono, that National Whistleblower Center as an amicus curiae in this successful Supreme Court challenge to mandatory arbitration. The Court held that when a government agency (in this case the EEOC) files a discrimination or retaliation case on behalf of an employee a mandatory arbitration agreement cannot be enforced if the government opposes the requirement.

Successful Appellate FOIA Cases

  • Edmonds v. FBI, 368 U.S. App. D.C. 70, 417 F.3d 1319 (D.C. Cir. 2005) (Successfully argued appeal resulting in opinion by D.C. Circuit Judge Merrick Garland concluding that plaintiff “substantially prevailed” in her district court action, affirming ruling granting expedited processing and reversing the district court’s determination that plaintiff was ineligible for an award of attorney’s fee.).
  • Nat’l Ass’n of Criminal Def. Lawyers v. United States DOJ, 337 U.S. App. D.C. 182, 182 F.3d 981 (D.C. Cir. 1999) (represented original FOIA requester in case dismissing government’s challenge to interim attorneys’ fees awarded by district court to plaintiffs who substantially prevailed under FOIA).

Successful District Court FOIA Cases

  • National Whistleblower Center v. Dept. of Interior, No. 1:17-cv-01464 (D.D.C. 4/29/2019) (settlement of plaintiff’s attorneys fees following complaint and production of records under FOIA).
  • Forensic Justice Project v. Federal Bureau of Investigation, No. 1:06-cv-01001 (D.D.C.) (June 15, 2011 settlement of FOIA processing and attorneys’ fees after filing of complaint; FBI identified 250,000 pages of records related to FBI Lab work in 2,500 bullet-lead cases, and 5 years after the complaint was filed FBI agreed to grant waiver of processing fees and release certain bullet-lead Lab records and settlement of plaintiffs’ attorneys fees).
  • Forensic Justice Project v. Federal Bureau of Investigation, No. 1:04-cv-01402  (D.D.C. 2005) (settlement of FOIA processing after filing complaint; the FBI agreed to produce some records from some bullet-lead cases in order to enable the FJP to conduct searches of public databases on the bullet-lead cases.).
  • Forensic Justice Project v. FBI, No. 1:04cv01415-PLF (D.D.C.) (December 9, 2005 settlement with DOJ Criminal Division of litigation over FOIA fee waiver request and processing of records requests regarding Department of Justice’s Brady Task Force review of misconduct in FBI cases) (records resulted in major review and front page series of FBI and DOJ reviews of FBI Lab published by Washington Post in 2012).
  • Edmonds v. FBI, 1:02-cv-01294-ESH (D.D.C.) (January 24, 2006 settlement of attorneys’ fees under FOIA entered on remand following successful appeal and obtaining orders on expedited processing and release of records).
  • Natl. Assoc./Defense, et al. v. DOJ, No. 1:97-cv-00372, (D.D.C.) (Aug. 21, 2000 settlement of processing and attorneys’ fees under FOIA after plaintiffs successfully obtained through litigation thousands of pages of records related to DOJ Office of Inspector General investigation of FBI Lab complaints by whistleblower Dr. Frederic Whitehurst).
  • Whitehurst v. FBI, No. No. 96-cv-572 (GK) (D.D.C.) (FOIA litigation on behalf of FBI Lab whistleblower Dr. Frederic Whitehurst, resulting in order granting expedited processing and denying DOJ’s motion for stay (2/5/1997); release of tens of thousands of pages of records; settlement of attorneys’ fees (3/11/1998)).

The Gaballa case concerned a problem facing most whistleblowers who are not confidential: Blacklisting. Once an employee is branded as a “whistleblower,” it is often tough to get a new job. This case set a powerful precedent for whistleblowers, prohibiting any badmouthing of a whistleblower with future prospective employers. In the case, the whistleblower hired an agency to contact his former employer to determine what type of references it gave him. His former employer stated that Mr. Gaballa had felt he was the victim of “discrimination.” This bad reference triggered liability, and the whistleblower was awarded compensatory damages based solely on getting a bad reference. The company was also prohibited from giving future bad references.

The Garner case was hotly contested in the state courts of South Carolina. The case finally made its way before the South Carolina Supreme Court on the issue of whether or not a corporate employee at the Savannah River nuclear weapons plant (a federal installation) could sue under the state’s whistleblower law and obtain the right to a trial by jury and significant damages. The state’s Supreme Court ruled for the whistleblower, establishing important precedents regarding the rights of employees at federal nuclear weapons facilities to use powerful state laws to protect themselves.

Filed amicus brief on behalf of NWC successfully arguing for expanded coverage for corporate employees under the Sarbanes-Oxley Act.

Represented the National Whistleblower Center pro bono as an amicus curiae in this important whistleblower retaliaton case. The issue presented was whether the Civil Rights Act of 1871 covered conspiracies to retaliate against witnesses in federal court proceedings. The Supreme Court affirmed the whistleblower’s rights, which would permit employees to file lawsuits directly in federal court, have a jury hear their case, and obtain significant damages, including punitive damages.

In perhaps the most controversial decision in an early nuclear whistleblower case, counsel obtained a rare order disqualifying a major corporate law firm due to unethical conduct.  The case resulted in the disqualification of the firm and a significant settlement for the whistleblower, who had raised major safety concerns at the Comanche Peak nuclear power plant.

District Court order forcing company to reinstate pension benefits at market value, not cost value.

Kiki Ikossi successfully challenged her termination from federal employment and created precedent covering all federal employees who raise concerns regarding both whistleblower retaliation and discrimination on the basis of race, sex, religion or other protected classes.  The U.S. Court of Appeals for the District of Columbia Circuit held that in such “mixed cases” employee whistleblowers can avoid the Merit Systems Protection Board process (which has a terrible anti-whistleblower reputation) and have their case heard directly in federal court.  This was a major breakthrough for all federal employee whistleblowers.

Successful qui tam action against Emory University Hospital for Medicaid fraud.

Large international banking case. The identity of the whistleblower remains strictly confidential. Total award obtained by the IRS tax whistleblower: $10,836,467.73.

Large international banking case. The identity of the IRS tax whistleblower remains confidential. Total award obtained by the IRS tax whistleblower: $12,781,050.59.

Large international tax evasion case/illegal, undeclared account. The identity of the whistleblower remains confidential. Total award obtained by the IRS tax whistleblower: $24,473,293.65.

Large banking case. The identity of the whistleblower remains confidential. Total award obtained by the IRS tax whistleblower: $2,229,553.32.

Large international banking case. The identity of the whistleblower remains confidential. Total award obtained by the IRS tax whistleblower: $4,474,000.

One of the most lasting and important whistleblower issues regards the right of compliance officials and auditors to raise concerns within a corporation aggressively. Courts have split on this issue for years. In one of whistleblower attorney Stephen Kohn’s early cases, he represented the Government Accountably Project as an amicus curie in this precedent-setting case that was viewed within the whistleblower-bar as setting the standard for protecting quality assurance inspectors. In 1985, the court ruled for the whistleblower.

Represented whistleblowers that exposed fraud in FEMA contracting during the response to the 9/11 terrorist attacks. The contractors pleaded guilty to their frauds and were sentenced to prison, and the whistleblowers were able to obtain rewards from penalties paid by the defendants in restitution.

Provided pro bono representation to the  amicus curiae National Whistleblower Center in the most important Sarbanes-Oxley Act (SOX) whistleblower case heard by the U.S. Supreme Court. The Court held that investment firms such as, Fidelity Investments, that are not directly publicly traded are covered under SOX. This holding significanty expanded coverage for corporate fraud whistleblowers under SOX.

Expanding the definition of “employee” under the Defense Contractor Whistleblower Protection Act.

Case No. 91-ERA-9 (U.S. Dept. of Labor).  First ever decision applying “hostile work environment” doctrine in nuclear whistleblower case

Established key precedent governing when a whistleblower can engage in one-party taping to document misconduct. The whistleblower was reinstated with full back pay after being fired for taping conversations of corporate executives conspiring to violate safety rules. One-party taping, which is often utilized by whistleblowers to prove their cases, was upheld as a protected disclosure.

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).

This case was one of several instances in which the law firm has successfully represented employees in challenging restrictive non-disclosure agreements. In this case, the U.S. Securities and Exchange Commission used its authorities under the Dodd-Frank Act to sanction a company for having employees sign restrictive NDAs. NeuStar had included language in employee severance agreements prohibiting employees from “disparaging” the company in statements to government officials, including the SEC, as a condition of accepting a severance payment. The SEC found such clauses illegal, and the company agreed to pay a $180,000 fine and adequately inform employees of their right to blow the whistle.

This case was a very early case in which whistleblower attorney Stephen Kohn represented Howard Samuel Nunn while still employed as Director of Corporate Litigation at the Government Accountability Project. Nunn had contacted public interest groups regarding his concerns that Duke Power was violating safety standards. The issue concerned the scope of protected activity and whether or not contacting a public interest advocacy group would be protected under federal law. In 1987, Howard Nunn won his case and set an important precedent.

Represented the “mystery witness”  in the O.J. Simpson criminal trial. This included negotiations with the FBI regarding the right of the whistleblower-witness to testify and representation of this Supervisory Special Agent and forensic science expert in two days of depositions conducted by the prosecution and the defense. Case obtained widespread national publicity.

First-ever successful employment-related whistleblower case on behalf of federal prisoner who exposed hazardous asbestos removal from prison work area. Guards provided confidential supporting information.

The False Claims Act case filed by Dr. Aaron Westrick concerned the Japanese manufacturer who marketed and sold defective fabric for use in body armor sold to police departments across the United States. However, Westrick also asserted his rights as a qui tam whistleblower to obtain compensation in the bankruptcy proceedings related to his former employer, Second Chance Body Armor (SCBA).  Second Chance had been the United States’ largest bulletproof vest company. Still, after Westrick filed his False Claims Act lawsuit and demonstrated that the company had knowingly sold defective vests to police officers that placed the officer’s lives at risk, the company was forced into bankruptcy.  The company admitted it was liable to the United States for contracting fraud of approximately $300 million, but due to its bankruptcy was only able to pay a fraction of this liability.  The bankruptcy proceeding ensured that a company that profited from selling defective and life-threatening products to police officers was held accountable.  Dr. Westrick asserted his rights as a whistleblower throughout the bankruptcy proceeding and obtained a 20% qui tam award on the multi-million dollar recovery obtained by the United States.

KKC represented a qui tam whistleblower in bankruptcy proceedings against the former largest U.S. bulletproofs vest-manufacturing company. The company knowingly sold defective body armor to police departments, the United States Army, and the Secret Service. It admitted to liability for fraud of approximately $300 million against the United States. The whistleblower received a 20% qui tam award on the multi-million dollar recovery obtained by the United States.

The whistleblower lawyers at Kohn, Kohn and Colapinto represented, pro bono, the National Whistleblower Center as an amicus curiae in a significant False Claims Act case before the U.S. Supreme Court. The Chamber of Commerce and their industry allies were pushing the Court to require the automatic dismissal of qui tam cases whenever there was a minor violation of the sealing requirement. This violation would have resulted in the dismissal of numerous valid government fraud cases and would have stopped judges from issuing lesser sanctions in such cases. The Supreme Court rejected the arguments of the Chamber and ruled for the whistleblower.

The Sylvester case was the most important corporate whistleblower case the Department of Labor decided on under the Sarbanes-Oxley Act. The precedent is followed by every district court and the court of appeals that have ruled on SOX SEC-whistleblower cases since it was issued.

As the attorneys who worked with Congress in drafting the Sarbanes-Oxley whistleblower law, the whistleblower lawyers at Kohn, Kohn and Colapinto fully understood what was at stake in the Sylvester case. It would determine the standard courts would apply in determining whether a concern raised by a corporate employee would be considered a securities violation of criminal fraud covered under SOX.

The Chamber of Commerce and the entire business community was arguing for a high standard. Representing, pro bono, the National Whistleblower Center as a public interest amicus curie, the Kohn firm was granted permission to argue the case on behalf of the whistleblower at oral argument. The Labor Department ruled in favor of the whistleblower on all of the critical issues. A national precedent was set, creating realistic standards of proof for corporate whistleblower cases going forward.

Set a precedent recognizing the Department of Labor’s authority to review settlement agreements and prohibited the DOL from altering the material terms of an agreement. This case established precedent, which would require the DOL to strike down the enforceability of an entire settlement agreement containing a restrictive nondisclosure agreement. The case received judicial recognition of the requirement that the Department of Labor approves settlement agreements in federal nuclear whistleblower cases. KKC also obtained the first Equal Access to Justice attorney fee award against the Department of Labor under the nuclear whistleblower law.

Upholding cause of action against pharmacy under the False Claims Act.

KKC represented amicus curiae in major precedent in unanimous Supreme Court ruling upholding False Claims Act qui tam whistleblowers’ right to pursue claims even if the violations were not explicitly outlined in the contract. The firm researched the original military contracts that were at issue when the False Claims Act was signed into law by President Abraham Lincoln on March 2, 1863. The firm explained that the key issue was not what was directly in a contract, but whether the government was materially misled by when it purchased horses that were blind and useless for the Union army.

KKC represented the public interest group in the Amicus Curiae brief filed before the U.S. Supreme Court in the most critical False Claims Act case ever decided by the Court. The Supreme Court sided with the qui tam whistleblower and upheld the constitutionality of the False Claims Act.

A major precedent-setting case holding banks liable under the False Claims Act for wrongfully foreclosing on residential mortgages during the 2008 financial crisis. The United States obtained a multi-million dollar settlement against the bank, and the legal theory finding banks liable for wrongful foreclosures was affirmed. The qui tam whistleblower received his reward for filing the claim and presenting the evidence needed to win the case.

Successfully litigated an “out of seal” False Claims Act qui tam case on behalf of a former employee who worked at a for-profit university.  The university had to pay the United States millions of dollars in sanctions for illegally recruiting students in violation of federal regulations.  The whistleblower obtained a 27.5% “relator’s share.”

Represented leading FBI explosives expert in various proceedings related to the Oklahoma City bombing case, including confidential depositions, 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.

Represented the leading FBI explosives expert in meetings with the lead prosecutors for the United States, defense attorneys, during a court-ordered deposition, interviews with the Department of Justice Office of Inspector General,  and during trial testimony in criminal proceedings arising from the first terrorist bombings of the World Trade Center in 1993.  The FBI agent was a whistleblower within the Bureau.

This case resulted in a successful national defense qui tam action. The whistleblower provided original information about false statements in translation services paid for by the taxpayers during the War in Afghanistan. The United States intervened in the case, and the qui tam whistleblower obtained the reward for which he was entitled.

In a case litigated by Kohn, Kohn and Colapinto partner Michael Kohn, the U.S. Court of Appeals for the First Circuit held that court’s must “take a broad view on what may constitute a false or fraudulent statement” under the False Claim Act’s qui tam provisions.

Successful qui tam lawsuit on behalf of whistleblowers who exposed FEMA frauds at numerous disaster sites.  Based on the whistleblowers’ evidence, the defendants were also criminally prosecuted and jailed.

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. Successfully settled the case and obtained a recovery for the taxpayers and qui tam award paid on behalf of the whistleblower.

This case was a highly successful False Claims Act case filed under both federal and state qui tam laws. The whistleblower’s original information demonstrated that the Washington Metropolitan Area Transit Authority had illegally awarded a 14 million dollar contract to Metaformers Inc. The governmental authorities and the whistleblower prevailed in the lawsuit, and the whistleblower obtained his qui tam award. In addition to the successful qui tam action, the whistleblower was also able to receive close to $1 million in damages in his retaliation case.

Stephen Kohn represented the American Medical Association in an amicus brief filed before the U.S. Court of Appeals for the D.C. Circuit in support of upholding a judgement against the major tobacco companies under the RICO (the federal racketeering law).

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.

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Lead trial and appellate counsel under the California False Claims Act regarding the sale of defective bulletproof 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.

Kohn, Kohn and Colapinto partner Stephen Kohn was asked to orally argue a key legal issue heard by the Court of Appeals in a Sarbanes-Oxley Act corporate whistleblower case.  On behalf of the National Whistleblower Center KKC had filed an amicus brief urging the court to apply a pro-whistleblower standard for evaluating whether a corporate whistleblower acted in “good faith” when he or she alleged a securities violation. The whistleblower prevailed and the appeals court adopted the pro-whistleblower standard. That standard has been applied by every appeals court since the Wiest decision was published.