Rules for Whistleblowers: A Handbook for Doing What's Right

by Stephen M. Kohn, Sherron Watkins (Foreword by)

Overview

Learn how whistleblowers have saved lives, stopped frauds, protected their jobs, and earned million-dollar rewards for doing the right thing in Rules for Whistleblowers, Stephen Martin Kohn’s seventh book on whistleblowing. This book 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 and laws governing whistleblowing 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.

Modernized laws have revolutionized the rights of employees both in the United States and internationally, enabling whistleblowers to be paid over $10 billion in rewards for doing the right thing. No employee should blow the whistle without knowing their rights. Too much is at stake.

Product Details

ISBN-13:	9781493059263
Publisher:	Rowman & Littlefield Publishers, Inc.
Publication date:	06/01/2023
Edition description:	1st Edition
Pages:	440
Sales rank:	527,988
Product dimensions:	6.07(w) x 8.78(h) x 0.92(d)

About the Author

Since 1984, Stephen Martin Kohn has been one of the world’s most influential whistleblower attorneys. A partner in the law firm of Kohn, Kohn and Colapinto and chairman of the Board of the National Whistleblower Center, he also teaches whistleblower law at Northeastern University.  Kohn’s clients have set precedents, saved lives, protected the environment, and stopped tens of billions of dollars in frauds. Kohn won the first-ever $100 million whistleblower award. The National Law Journal named Kohn as one of the top fifty “elite” plaintiff’s lawyers in the United States; he is the only whistleblower rights lawyer to have achieved this distinction. Kohn wrote the first-ever book on whistleblower law in 1985 and has helped draft numerous whistleblower laws, including the Sarbanes–Oxley, Dodd-Frank, and Whistleblower Protection Enhancement Acts. He lives in Washington, DC.

Table of Contents

Introduction: What to Do if the Boss Is a Crook? ix

Rule 1 Use the New Legal Tools 1

Rule 2 Navigate the Maze 15

Rule 3 Follow the Money 19

Rule 4 Find the Best Federal Law 33

Rule 5 Don't Forget State Laws 65

Rule 6 Get a Reward! False Claims Act/Qui Tam 71

Rule 7 Get a Reward! Tax Cheats and the IRS Qui Tam 89

Rule 8 Get a Reward! Securities and Commodities Fraud 103

Rule 9 Get a Reward! Report Foreign Corrupt Practices Worldwide 119

Rule 10 Get a Reward! : Make Sure Automobiles Are Safe 129

Rule 11 Get a Reward!: Stop the Pollution of the Oceans 137

Rule 12 Get a Reward!: End Wildlife Trafficking 145

Rule 13 If Working for the Government, Use the First Amendment 151

Rule 14 Federal Employees-Defend Your Jobs! 155

Rule 15 Make Sure Disclosures Are Protected 179

Rule 16 Yes, You Are a "Whistleblower" 193

Rule 17 Beware of "Hotlines" 207

Rule 18 Don't Talk to Company Lawyers 219

Rule 19 Auditors and Compliance Officials: Qualify for Rewards 227

Rule 20 Cautiously Use "Self-Help" Tactics 237

Rule 21 Be Prepared for the Lid to Blow 251

Rule 22 Delay Is Deadly 257

Rule 23 Conduct Discovery 263

Rule 24 Get to the Jury 269

Rule 25 Win the Case: Prove Motive and Pretext 277

Rule 24 Get Every Penny Deserved 285

Rule 25 Make the Boss Pay Attorney Fees 289

Rule 26 Hold Companies Accountable for Paying Hush Money 293

Rule 27 Politics Is Poisonous 303

Rule 28 Never Forget: Whistleblowing Works 315

The Final Rule: Remember July 30, 1778 327

International Toolkit: Taking the Profits out of Corruption 339

Checklist 1 Whistleblower Reward Laws (Qui Tam) 357

Checklist 2 Whistleblower Protections Under Federal Law 361

Checklist 3 Whistleblower Protections Under State Common Law 393

Checklist 4 What to Look for When Blowing the Whistle on Fraud Against the Government 410

Checklist 5 Proof of Retaliation 416

Checklist 6 Discovery in Whistleblower Cases: Obtaining the Evidence Needed to Win a Case Against an Employer 431

Checklist 7 Dodd-Frank, Securities Fraud, and FCPA "Q&As" 440

Checklist 8 Foreign Corrupt Practices Act Recoveries 2015-2016 461

Annotated Chapter Sources 464

Resources for Whistleblowers 531

Index 536

Editorial Reviews

07/10/2023

This exhaustive, practical-minded resource, a revised and updated version of Kohn’s The Whistleblower’s Handbook, lays out in clear and inviting language what potential whistleblowers need to know and consider before exposing fraud, tax evasion, safety violations, and other illegalities—even wildlife trafficking—in the workplace. Kohn offers 37 rules for documenting, reporting, and even profiting from such truth telling (“Do not violate the federal or state wiretap laws when taping”; “Don’t take legal advice from a compliance officer”), making the case through crisply told thumbnail histories that since the American Revolution whistleblowers have proved essential in driving “a spike through the heart of corruption” in the U.S.

Celebrating and demystifying “modernized laws designed to protect, incentivize, and reward whistleblowers,” like Dodd-Frank, Kohn covers a wide range of specialized scenarios, such as what it takes to expose wrongdoing as a federal employee or as a worker in a private company, how anonymity is or isn’t ensured in different circumstances, whether a whistleblower should speak to the press, what additional complexities go into shining a light on international corruption, and much more. The guidance is pragmatic and specific, tailored to highly particular situations, from a list of factors to consider before removing a document from work to factors to consider to be sure a whistleblower qualifies for a reward.

The history here is inspiring, even as the nuts-and-bolts advice can be intimidating, as Kohn frankly addresses the likelihood of facing employer retaliation for truth telling and the “trench warfare” of trying to win a retaliation case. With persuasive power Kohn lays out why present-day protections and payments for whistleblowers safeguard companies and governments, even as those implicated in fraud will still often lash out at exposure. To that end, Kohn offers a thorough list of steps whistleblowers must take to ensure that they prove their cases and meet every legal standard—simply having the truth on one’s side is not enough. This book is an essential tool for exposing wrongdoing and protecting yourself.

Takeaway: An essential resource for potential whistleblowers, packed with practical advice.

Comparable Titles: Tatiana Bazzichelli’s Whistleblowing for Change, Tom Mueller’s Crisis of Conscience.

Production grades Cover: B Design and typography: A Illustrations: N/A Editing: A- Marketing copy: A

BookLife Reviews

In a mix of anecdote, legal history, compendium of relevant laws, and practical handbook, Stephen Kohn. .. steer[s] both would-be whistleblowers and corporate compliance officers through what he calls a ‘labyrinth.’ [He] is well-placed to serve as guide.. .. The book shows how far whistleblower legislation has globalised. .. [and] shines is in setting out the current, highly complex, legal structure.

Financial Times

"You may want to add this book to your. .. wishlist. Just don't let your boss catch you reading it."
  —Wall Street Journal

“It’s vastly shrewd and practical, but it also offers an astute long view of American whistle-blowing. Author Stephen Martin Kohn knows about precedents: He’s one of the lawyers who helped procure the biggest whistle-blower reward ever. It went to Bradley Birkenfeld for unveiling the fraud of Switzerland’s UBS Bank, which illegally met with rich Yanks trying to hide their money overseas. Birkenfeld got $104 million as compensation from the IRS’s whistle-blower program.”
   —Boston Globe

"Whistleblowers should do two things: call us at 60 Minutes and read 'The Whistleblower's Handbook.' Its 21 rules lay out the game plan for holding institutions accountable while protecting your job."
  —Michael Radutzky, Senior Producer 60 Minutes
 
“As a whistleblower who has successfully won a case against the Federal Bureau of Investigation (FBI), I can attest to the fact that this is the definitive Bible for whistleblowers.  Written by Stephen Kohn, the premiere whistleblower attorney in the United States, this handbook contains everything you will need to know about blowing the whistle, and surviving.”
  —Jane Turner, FBI Whistleblower and 25 year veteran agent
 
“In a mix of anecdote, legal history, compendium of relevant laws, and practical handbook, Stephen Kohn. .. steer[s] both would-be whistleblowers and corporate compliance officers through what he calls a ‘labyrinth.’ [He] is well-placed to serve as guide.. .. The book shows how far whistleblower legislation has globalised. .. [and] shines is in setting out the current, highly complex, legal structure.”
  —Financial Times
 
“It is time that "situational" knowledge within the whistleblowing environment is released to remove the "chill" on employees, to protect the public trust, and to ensure that "truth" and "integrity" among the private and public entities supporting the government are never an OPTION, but an OBLIGATION!  I surely hope this gets to all workers who have committed themselves to making a difference wherever they work.”
  —Bunnatine Greenhouse, Army Corps of Engineers Whistleblower
 
“Steve has written a first-rate handbook for workers who have witnessed egregious examples of waste, fraud or abuse which they know should be reported to the authorities but who are afraid of losing their jobs if they do.  The handbook tells them of the many laws and services available to them, which if understood and used intelligently, can not only protect a whistleblower from losing his job, but can even led to cash rewards under some circumstances.”
  —William Sanjour, EPA Whistleblower
 
“’The Whistleblower’s Handbook’ opens a window into the controversial but vital role of whistleblowers in America’s workplace dating from the days of the Civil War.  With compelling insider details, practical “rules” and rare insights, Stephen Kohn, the country’s leading whistleblower expert, has created the essential overview for CEO’s, CFO’s, GC’s, chief compliance officers, HR and audit professionals, and others who should be knowledgeable about this fundamental aspect of corporate life.”      
   —Donna Boehme, former Group Compliance and Ethics Officer, BP plc, and Principal, Compliance Strategists LLC
 
“As the courageous whistleblower who faced fierce opposition and exposed the largest tax scandal in US history. .. this invaluable reference guide will help any future whistleblower navigate the treacherous international waters of ensuring what is done is done 100% right.”
  —Brad Birkenfeld, UBS Whistleblower
 
“Finally — the "how-to" guide for whisteblowers. This is a much-needed step-by-step explanation for anyone thinking about speaking out against fraud and corruption. Whistleblowers will avoid a lot of tears from the book’s checklists and do's and don'ts. Written in clear and understandable language this book should be in the bottom drawer of anyone thinking about blowing the whistle — and on the desk for managers who want to improve compliance.”
  —Dean Zerbe, Forbes.com columnist, National Managing Director of AlliantGroup, LP
 
“Steve Kohn’s book ‘The Whistleblower’s Handbook’ provides a great service to current and would-be whistleblowers and to our citizenry by providing a comprehensive guide to exposing waste, fraud, abuse, and misconduct in both the private and public sectors.  It effectively acts as a compass and detailed avoidance map to help navigate whistleblowers through the retaliatory minefields they may already have entered, or will soon face.
  —Russ Tice, Former Intelligence Officer, (NSA) National Security Agency
 
“Written by the foremost authority on the subject, ‘The Whistleblower's Handbook’ is extraordinarily user-friendly and extremely easy to read. Every worker bears a responsibility to guard the public interest. Like no other resource, this book places the power of the law squarely in the hands of America's workforce.”
  —David L. Lewis, Ph.D., EPA Whistleblower
 
“Based on the complex and illogical array of whistleblower legislation, it is astounding that anyone undertakes to do the right thing and report malfeasance to the authorities.  Yet, Stephen Kohn has written an inspiring and optimistic report on the state of whistle flowing in the US and guides us through the complexities of risking our own comfort by blowing the whistle in 21 rules.
 
“’The Whistleblower’s Handbook’ is replete with compelling and little-known stories alongside the more typical, highly-publicized tabloid fodder.  A particularly sobering account of whistleblowers in the earliest days of our republic and the moral imperative that protected them will make readers yearn for a way to protect ourselves in the same way as the Founding Fathers protected a group of seamen during the Revolution. The wise reader will pay heed to Kohn’s short list of rules when performing her moral duty.
- Gina Vega, Professor of Management at the Bertolon School of Business, Salem State University, Author of “Moral Courage in Organizations: Doing the Right Thing at Work”
 
“This book highlights citizen empowerment and true grassroots democracy in action. As a whistleblower, I know the power of speaking the truth and the unfortunate consequences for those who do. Every American should read this book.”
- Marsha Coleman-Adebayo, Founder of No FEAR Coalition
 
"As a National Security whistleblower, I am very familiar with the plight of those who dare to expose corruption, fraud, waste and abuse…I am more than certain that "The Whistleblower's Handbook" will help countless whistleblowers navigate the horrifying maze of the legal system. This book is a step-by-step guide to understanding the process and arming yourself with the knowledge essential to prevailing in your case. I only wish I’ve had access to this priceless publication even sooner! This is a must-read for every current or potential whistleblower."
- Julia Davis, Department of Homeland Security Whistleblower

From the Publisher

Written by the foremost authority on the subject, The Whistleblower's Handbook is extraordinarily user-friendly and extremely easy to read. Every worker bears a responsibility to guard the public interest. Like no other resource, this book places the power of the law squarely in the hands of America's workforce.

David L. Lewis

For anyone interested in the history or law of whistleblowers, Rules for Whistleblower is easy to understand and lays out the road map for success in a clear and often entertaining manner. It should be mandatory reading in every business and law school.

Siri Nelson

For the past 25 years, Kohn’s been in the trenches fighting the whistleblower wars. The lessons learned from those wars have been distilled.”

Michael E. Tigar

As the courageous whistleblower who faced fierce opposition and exposed the largest tax scandal in US history. .. this invaluable reference guide will help any future whistleblower navigate the treacherous international waters of ensuring what is done is done 100% right.

Brad Birkenfeld

If you are contemplating doing what's right and are serious about it then you should never simply jump right in but should plan carefully, move cautiously, and employ attorneys who specialize in whistleblower laws. You have rights and responsibilities as a whistleblower. Learn them. Your first step is research, by reading Rules for Whistleblowers, A Handbook for Doing What's Right written by Stephen Kohn. When I blew the whistle on FBI crime laboratory issues in the 1990's there was no such guidance. We were flying in the dark, exploring new legal territory. However, since then the law firm of Kohn, Kohn, and Colapinto has represented hundreds of whistleblowers from both the government and private sector, and this handbook is based upon the experience gained from those cases. Not a boring legal treatise, this book is a page-turner. I have personally read it through from cover to cover and find reading it much like reading a good novel that keeps my attention while at the same time educating me. If you wish to make a difference, you seriously need to read Rules for Whistleblowers, A Handbook for Doing What's Right then move forward stronger and make the world a better place.

Fred Whitehurst

This book highlights citizen empowerment and true grassroots democracy in action. As a whistleblower, I know the power of speaking the truth and the unfortunate consequences for those who do. Every American should read this book.

Marsha Coleman-Adebayo

It is time that "situational" knowledge within the whistleblowing environment is released to remove the "chill" on employees, to protect the public trust, and to ensure that "truth" and "integrity" among the private and public entities supporting the government are never an OPTION, but an OBLIGATION! I surely hope this gets to all workers who have committed themselves to making a difference wherever they work.

Bunnatine Greenhouse

In a mix of anecdote, legal history, compendium of relevant laws, and practical handbook, Stephen Kohn. .. steer[s] both would-be whistleblowers and corporate compliance officers through what he calls a ‘labyrinth.’ [He] is well-placed to serve as guide.. .. The book shows how far whistleblower legislation has globalised. .. [and] shines is in setting out the current, highly complex, legal structure.

The Financial Times

Steve Kohn’s book The Whistleblower’s Handbook provides a great service to current and would-be whistleblowers and to our citizenry by providing a comprehensive guide to exposing waste, fraud, abuse, and misconduct in both the private and public sectors. It effectively acts as a compass and detailed avoidance map to help navigate whistleblowers through the retaliatory minefields they may already have entered, or will soon face.

Russ Tice

Finally—the "how-to" guide for whistleblowers. This is a much-needed step-by-step explanation for anyone thinking about speaking out against fraud and corruption. Whistleblowers will avoid a lot of tears from the book’s checklists and do's and don'ts. Written in clear and understandable language this book should be in the bottom drawer of anyone thinking about blowing the whistle—and on the desk for managers who want to improve compliance.

Dean Zerbe

With the Holy Bible in one hand and Mr. Kohn’s Whistleblower Handbook in the other, my wife crushed a powerful corporation.

Jim Gunther

You may want to add this book to your. .. wish list. Just don't let your boss catch you reading it.

The Wall Street Journal

Rules for Whistleblowers is a fantastic resource for whistleblowers and supporters.

Sherron Watkins

As a whistleblower who has successfully won a case against the Federal Bureau of Investigation (FBI), I can attest to the fact that this is the definitive bible for whistleblowers. Written by Stephen Kohn, the premier whistleblower attorney in the United States, this handbook contains everything you will need to know about blowing the whistle, and surviving.

Jane Turner

As a National Security whistleblower, I am very familiar with the plight of those who dare to expose corruption, fraud, waste and abuse.. .. I am more than certain that The Whistleblower's Handbook will help countless whistleblowers navigate the horrifying maze of the legal system. This book is a step-by-step guide to understanding the process and arming yourself with the knowledge essential to prevailing in your case. I only wish I’ve had access to this priceless publication even sooner! This is a must-read for every current or potential whistleblower.

Julia Davis

It’s vastly shrewd and practical, but it also offers an astute long view of American whistleblowing. Author Stephen Martin Kohn knows about precedents: He’s one of the lawyers who helped procure the biggest whistleblower reward ever. It went to Bradley Birkenfeld for unveiling the fraud of Switzerland’s UBS Bank, which illegally met with rich Yanks trying to hide their money overseas. Birkenfeld got $104 million as compensation from the IRS’s whistleblower program.

The Boston Globe

The Whistleblower’s Handbook is replete with compelling and little-known stories alongside the more typical, highly-publicized tabloid fodder. A particularly sobering account of whistleblowers in the earliest days of our republic and the moral imperative that protected them will make readers yearn for a way to protect ourselves in the same way as the Founding Fathers protected a group of seamen during the Revolution. The wise reader will pay heed to Kohn’s short list of rules when performing her moral duty.

Gina Vega

Among the top ten books about whistleblowers.

PEN America

Whistleblowers should do two things: call us at 60 Minutes and read The Whistleblower's Handbook. Its. .. rules lay out the game plan for holding institutions accountable while protecting your job.

Michael Radutzky

The Whistleblower’s Handbook opens a window into the controversial but vital role of whistleblowers in America’s workplace dating from the days of the Civil War. With compelling insider details, practical “rules” and rare insights, Stephen Kohn, the country’s leading whistleblower expert, has created the essential overview for CE's, CF's, GCs, chief compliance officers, HR and audit professionals, and others who should be knowledgeable about this fundamental aspect of corporate life.

Donna Boehme

Steve has written a first-rate handbook for workers who have witnessed egregious examples of waste, fraud or abuse which they know should be reported to the authorities but who are afraid of losing their jobs if they do. The handbook tells them of the many laws and services available to them, which if understood and used intelligently, can not only protect a whistleblower from losing his job, but can even led to cash rewards under some circumstances.

William Sanjour

It’s vastly shrewd and practical, but it also offers an astute long view of American whistleblowing. Author Stephen Martin Kohn knows about precedents: He’s one of the lawyers who helped procure the biggest whistleblower reward ever. It went to Bradley Birkenfeld for unveiling the fraud of Switzerland’s UBS Bank, which illegally met with rich Yanks trying to hide their money overseas. Birkenfeld got $104 million as compensation from the IRS’s whistleblower program.

Boston Globe

You may want to add this book to your. .. wish list. Just don't let your boss catch you reading it.

Wall Street Journal

★ 2023-06-23
Resources and advice for people considering becoming whistleblowers within their organizations.

Kohn, a lawyer and longtime champion of workers’ rights, cites a suite of new U.S. laws designed to help protect whistleblowers, including the Dodd-Frank Act, resulting in “stunning and almost unbelievable” success. Since 1986, corporations running afoul of the law have paid more than $100 billion in fines, which has had an enormous deterrent effect, saving an estimated $1 trillion, according to the 2022 Whistleblower’s Annual Report issued by the Security and Exchange Commission. Kohn notes that thanks to qui tam legislation, which entitles whistleblowers to a portion of the fines their employers incur (legislation that goes all the way back to 1779; a grateful Samuel Adams was compensated by Congress for his role in outing lawbreakers), the government has paid over $10 billion to employees. Qui tam, he writes, “puts teeth into the right of the people to expose fraud and misconduct,” and in these pages, he clarifies an array of detailed advice, “rules” for modern-day whistleblowers to follow in order to protect themselves. Kohn keeps these guidelines appealingly simple—“Be Confidential,” “Document, Document, Document,” “Don’t Tip Off the Crooks,” and so on. While the rules are unfailingly interesting, Kohn is even more fascinating when he addresses the doubts or insecurities potential whistleblowers might experience. He advises such candidates to consider whether they should risk covertly taping misconduct at work or if they might feel like they’ve betrayed their colleagues; he also recommends carefully drawing the distinction between whistleblowing and an employment dispute. Kohn is a vivid, authoritative guide, and it’s a testament to his narrative skill that he can make this niche subject so consistently gripping.

Definitive and compulsively readable.

Kirkus Reviews