Sunday Read: NWC 2023 Annual Report Roundup
Every year is unique for the National Whistleblower Center (NWC). Between representing brave people who speak truth to power, navigating a complex legal landscape, and advocating for a stronger national and international protections for whistleblowers, wheels are always turning.
NWC had several achievements in 2023, in and out of the courtroom. Additionally, NWC celebrated the 10th annual anniversary of National Whistleblower Day. This Sunday Read highlights standout moments and achievements in 2023, as chronicled in our annual report.
Setting The Tone
Last year started on the right note, when one of the most wide-ranging advancements in the area of whistleblower law arrived just prior to New Year’s Day. On December 29, 2022 President Biden signed into law the “Consolidated Appropriations Act, 2023.” With the spending package enacted, the Anti-Money Laundering (AML) Whistleblower Improvement Act passed, strengthening the protections for individuals blowing the whistle on money laundering and sanctions violations.
As previously reported, one of the Act’s key provisions ensures that:
- Whistleblower awards will no longer be discretionary. Qualified whistleblowers will receive awards of “not less than 10%” of the sanctions collected in the relevant enforcement action.
- A fund will be established to pay AML whistleblower awards, financed completely by sanctions collected in whistleblower-assisted cases and not by taxpayers.
- Coverage extends to whistleblowers who disclose violations of U.S. sanctions, a major milestone for U.S. law. Examples of sanctions include those imposed in response to Russia’s invasion of Ukraine.
NWC was actively involved in the passage of AML and remains grateful to our active supporters, as these vulnerable whistleblowers now have an effective avenue for reporting.
Expanding the ‘Friendship’ and Knowledge Base
NWC has filed several amicus curiae briefs before the Supreme Court in precedent-setting whistleblower cases. Meaning “friend of the court,” in Latin, these briefs have touched on important aspects of federal whistleblower laws including the False Claims Act (FCA), Dodd-Frank Act, and Sarbanes-Oxley Act (SOX).
The tradition continued in February 2023, when NWC submitted an amicus brief to the Supreme Court in United States ex rel. Schutte v. SuperValu Inc. This case explored whether or not an entity or individual “knowingly” submitted false claims if it acted based upon a reasonable, though incorrect, interpretation of the law. This put the sole purpose of the FCA under review, which is the cornerstone of whistleblower law.
On June 1, 2023, the Supreme Court issued the landmark decision in SuperValu and unanimously held that liability under the FCA depends on a defendant’s subjective belief as to whether a claim was false, and not what an objectively reasonable person may have known or believed. This decision was a win for whistleblowers and their plaintiffs’ firms, as it preserved the intent of the law by eliminating a popular FCA strategy defense.
NWC’s amicus curiae briefs began doubling their impact in November, when NWC Executive Director Siri Nelson was admitted to the Supreme Court Bar, allowing her to present filings and arguments before the highest court in the United States. Nelson’s achievement benefits whistleblowers and NWC’s mission as it enhances the Center’s access to the Court.
“Working on Constitutional issues has been on my agenda since I initially decided to pursue a career in the law,” Nelson said. “I look forward to advocating for whistleblower rights before the highest court in the land.”
NWC amicus briefs are on a bit of a hot streak. Jumping ahead just a bit, in February 2024, the U.S. Supreme Court issued a landmark decision in the whistleblower retaliation case Murray v. UBS Securities, LLC. The Court found that whistleblowers do not need to prove that employers acted with retaliatory intent in order to be covered under the anti-retaliation provisions of SOX.
NWC filed an amicus curiae brief in June 2023, outlining the Congressional intent behind SOX and arguing that the law’s burden of proof standard does not require whistleblowers to prove retaliatory intent. In their opinion, the Supreme Court Justices seemed to agree with many of the points laid out in NWC’s brief.
“NWC’s relentless advocacy for whistleblowers has paid off in major ways in 2023,” Nelson said, “we’d like to think that our thoughtful, well-researched amicus curiae has made an impact on the Court’s decisions.”
Going Global at CoSP 10
NWC has grown into one of the most influential whistleblower advocacy groups in the world. In December 2023, the three-person NWC delegation had the privilege of attending and addressing the 10th Conference of State Parties to the United Nations Convention against Corruption (or CoSP10 to the UNCAC) in Atlanta, Georgia.
From December 11 to December 15, 2023, NWC had the opportunity to engage with 3,000 people, including 2,000 government representatives from 160 countries and more than 900 civil society organizations, along with private sector professionals at the world’s largest global anti-corruption gathering.
As one of two organizations submitting statements on whistleblowing, NWC helped ensure that whistleblowing was a priority.
The CoSP Whistleblower Resolution (CAC/COSP/2023/Rev.1) addresses the crucial issue of safeguarding individuals who expose or report corruption and related offenses to competent authorities. Make no mistake — protection is a cornerstone of whistleblower practice.
But financial incentives are missing from the resolution and NWC will continue to advocate for such measures, donor support is necessary for ensuring NWC has the ability to continue convincing foreign governments and cultures to change their approach to whistleblower protections via confidentiality and monetary rewards will undoubtedly be an uphill battle.
“This is a cause we champion year-round and will continue leading up to the 11th CoSP event in 2025,” Nelson said.
Expanding Virtual Presence
NWC’s digital presence continues to grow, especially across social media sites, some of which grew by more than 50% from 2022.
A quick breakdown of followers on the leading platforms:
- Facebook/Meta: 12,528
- Twitter/X: 7,732
- LinkedIn: 2,347
- Instagram: 316
“Our supporters create a robust, global community that is critical to whistleblower protection,” Nelson said. “Their online engagement is key to building awareness about the whistleblowers and the incredible contributions they make.”
National Whistleblower Day: 10th Anniversary Celebration
NWC hosted the 10th annual National Whistleblower Day in Washington, D.C. on July 27. The day-long event was the first held in-person since 2019 and honored the contributions of whistleblowers around the world who have bravely stepped forward to expose waste, fraud, and abuse.
More than 100 attendees, experts, legislators, and whistleblowers convened on Capitol Hill and at NWC’s office in Georgetown to discuss accomplishments, updates, and share strategies on building effective claims.
“There’s no middle ground when it comes to whistleblowers,” said Senator Charles Grassley (R-Iowa), who delivered an address at the July event. A strong ally of the NWC, Sen. Grassley recently reintroduced a bipartisan resolution to designate July 30th as a federally observed “National Whistleblower Appreciation Day” for the tenth consecutive year.
“They must be protected and fought for,” the Senator added. “Full stop.”
Hot Off The Presses
A critical publication was released in 2023 that is sure to benefit whistleblowers of all types. Rules for Whistleblowers: A Handbook for Doing What’s Right, was authored by NWC Founder and Chairman of the Board Stephen M. Kohn and published by Lyons Press.
The book provides a thorough guide into the scenarios, laws, consequences, and rewards that whistleblowers should consider before coming forward. It is also an invaluable resource that helps discern the type of lawyer needed for a claim. Its release was celebrated at Busboys and Poets in Washington, D.C.
Looking Forward
NWC works tirelessly to fight for whistleblowers across the globe, and the aforementioned details highlight just some of our achievements in 2023. We invite you to read the publicly accessible 2023 annual report and review goals set for the next decade of whistleblower advocacy.
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.
