Sunday Read: Getting to Know Whistleblower Attorneys: Mychal Wilson, Part 2
National Whistleblower Center (NWC) launched the “Getting to Know Whistleblower Attorneys” feature to explore the qualities and motivations of some of the field’s leading practitioners.
We are following up with a part two to a previous entry. As a refresher:
A practicing attorney and a Screen Actors Guild (SAG) card-carrying actor, Mychal Wilson Esq., is one of the most visible whistleblower advocates in the United States. But his dedication to truth is no act. Prior to Wilson’s celebrity status, a career in pharma unexpectedly led him to whistleblower law. In this Sunday Read, NWC chronicles what inspired him to make the leap and how he continues to fight the good fight.
An Interview with Mychal Wilson, Esq.
What are some of the biggest challenges or risks that whistleblowers face in 2024?
There is always harassment, retaliation, blacklisting, and disparagement that whistleblowers will face because they fight against the establishment and/or status quo. Especially, in the corporate world when incentive compensation and bonuses are involved with corporate executive compensation.
In 2024, whistleblowers still face certain obstacles of being financially rewarded for their career risks in blowing the whistle. With the various current global conflicts and wars, there is still so much financial fraud in areas of foreign sanctions violations, cryptocurrency and hedge funds, etc., and the CFTC and FinCEN whistleblower programs need more support.
We’ve reported on how racism has been embedded within the reporting process. You mentioned how discrimination played a key role in your own claim. Could you elaborate a bit?
No question that I experienced racism as a BMS employee. For example, after a BMS National Sales Meeting in Philadelphia, my POD mates (district sales group) and I were getting on an overbooked plane from Philadelphia to Los Angeles. A couple of BMS (Bristol-Myers Squibb) District Business Managers from Ventura/Simi Valley walked to the back to the plane where we were seated, saw me and said “look, it’s the Downtown LA Hood POD” and laughed.
Then, they looked at me to get out of my seat, and we exchanged some words, but I stayed in my seat as my POD mates (White and Latino) and I were ready to throw down. It was during the Big Pharma “Wild Wild West” days! Thankfully, I do not think this type of conduct would slide in today’s corporate world.
As a qui tam Lawyer, there is no question that I have experienced implicit bias from members of certain government agencies. This has been supported by former attorneys working at those agencies who informed me of certain conduct. However, experiences with fellow qui tam colleagues have been positive, and we are a very supportive group.
How has there been any improvement since you entered the field (if at all)?
I serve on the Diversity Committee for the Anti-Fraud Coalition and I see a lot of improvements in whistleblower law with more diverse attorneys on both the relator and defense counsel side. There has been progress under legislation passed under former President Obama, along with efforts of Sen. Chuck Grassley (R), and organizations such as NWC, and whistleblower hotlines like Whispli. But we still have a long way to go.
What are some ways in which it can be combatted?
More effective legislation protecting whistleblowers for trying to expose and stop fraud, and also streamlining and enabling easier access and bigger rewards for reporting the fraud and doing the right thing.
What are your hopes for the practice of whistleblower law?
I hope that whistleblower law progresses rather than digresses, and an official recognition of National Whistleblower Day would be a great way to honor those who want root out and stop fraud. Whistleblowers are key in fighting against fraud; this is a non-partisan issue that protects the American taxpayers dollars, and sometimes prevents patient and consumer harm.
For example, we just won a Motion for Summary Judgement in Medtronic, which we referenced earlier. Our whistleblower client alleged that medical device giant Medtronic mislead the FDA into granting clearance to certain spinal devices in spinal fusion surgeries.
My law practice has now evolved to representing financial fraud cases under the SEC, CFTC, IRS, and FinCEN financial fraud programs, but these programs still need improvements — especially with communication and transparency with government investigations. Sometimes, cases and investigations remain under seal for five-to-seven years and it is hard for relators to cope with these long investigation timelines. So, I advise my clients who are wrongfully terminated and/or retaliated against and want to file a whistleblower case to look for employment in another industry, stay busy, and not to focus on their case every day because whistleblower law is a marathon and not a sprint.
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What a thoughtful note to end on. Thank you, Mychal Wilson! Learn more about him here. As well, get to know other whistleblower attorneys, such as:
The “Getting To Know Whistleblower Attorneys” series will continue this summer.
Strong Deliberations
The decision to come forward is not one to be taken lightly, nor should selecting a whistleblower lawyer. NWC provides resources that can connect you with the right legal professional.
You can also discern the type of whistleblower lawyer needed for your claim in Rules for Whistleblowers: A Handbook for Doing What’s Right, which was authored by NWC Founder and Chairman of the Board Stephen M. Kohn.
National Whistleblower Day
NWC will celebrate National Whistleblower Day on July 30th with a luncheon on Capitol Hill that promises to be a powerful celebration of the courageous individuals who stand up for truth and accountability, combatting corruption and protecting the cornerstones of our democracy.
Hear inspiring accounts firsthand as whistleblowers share their stories, insights from government agency whistleblower offices, and keynote addresses from Senators Chuck Grassley and Ron Wyden, leading whistleblower rights advocates in Congress.
National Whistleblower Day is the ideal forum to connect with fellow whistleblower advocates. Mark your calendar for July 30th and continue to check whistleblowers.org for more announcements.
Networking Opportunities for Whistleblowers, Lawyers and Experts
On July 15th, NWC is hosting a Bar Trivia fundraiser to celebrate U.S. independence!
The fun begins at 6 PM EST at Sudhouse DC (1340 U Street NW). Broaden your network and put your knowledge to work. Everyone will enjoy happy hour-priced food and drink, invaluable networking opportunities and the winners will go home with gift cards, books, and other fun prizes.
Get your tickets on Eventbrite today.
Support NWC
NWC fights to bolster whistleblower programs and raise awareness about the value of whistleblowers. As a 501(c)(3) non-profit our work is made possible with the support of our generous donors. Please consider donating $100 today to help us continue to educate the public about whistleblower experiences and the role whistleblowers play in putting an end to fraud and money laundering. Donors of $100 or more will receive a copy of Rules for Whistleblowers: A Handbook for Doing What’s Right.
This story was written by Justin Smulison, a professional writer, podcaster, and event host based in New York.
