National Whistleblower Center
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| National Whistleblower Center | |
|---|---|
| Name | National Whistleblower Center |
| Founded | 1988 |
| Founder | Stephen M. Kohn |
| Type | Nonprofit advocacy organization |
| Headquarters | Washington, D.C. |
National Whistleblower Center is an American nonprofit advocacy organization that supports whistleblower protections, litigates on behalf of whistleblowers, and promotes legislative reforms. The organization engages with policymakers in United States Congress, files lawsuits in United States District Court and United States Court of Appeals, and provides training to potential plaintiffs, journalists, and legal practitioners. It has played a visible role in cases involving federal agencies such as the Securities and Exchange Commission, the Department of Justice, and the Environmental Protection Agency.
History
The group was founded in 1988 amid a rising policy debate about statutory protections such as the False Claims Act and the Whistleblower Protection Act of 1989, with early interactions involving advocates and attorneys who had worked on matters relating to Daniel Ellsberg and Pentagon Papers–era disclosures. During the 1990s and 2000s the organization engaged with members of the United States Senate and the United States House of Representatives on amendments to laws including the Sarbanes–Oxley Act and the Dodd–Frank Wall Street Reform and Consumer Protection Act. It has maintained relationships with other civic organizations such as American Civil Liberties Union, Public Citizen, and Project on Government Oversight, while participating in coalitions with labor groups like the AFL–CIO and accountability nonprofits including Common Cause.
Mission and Activities
The organization’s stated mission emphasizes protecting individuals who disclose misconduct to bodies such as the Federal Bureau of Investigation, the Securities and Exchange Commission, or legislative committees of the United States Congress, and to international forums like the United Nations in certain transnational matters. Its activities encompass legal representation before United States District Court for the District of Columbia, submissions to the Supreme Court of the United States in amicus briefs, regulatory petitions to agencies such as the Internal Revenue Service and the Occupational Safety and Health Administration, and advocacy for statutory reforms resembling provisions in the False Claims Act and Dodd–Frank Act. Collaborations and public statements have intersected with high-profile figures and institutions including Edward Snowden–related debates, Chelsea Manning–era discourse, and congressional investigations led by committees chaired by members such as Chuck Grassley and Camille A. Beckwith.
Major Cases and Impact
The center has been involved in litigated matters and policy campaigns that touch on cases brought under statutes such as the False Claims Act, Sarbanes–Oxley Act, and Dodd–Frank Act. Its participation has been noted in disputes involving corporate defendants in sectors from finance—cases that attracted attention from the Securities and Exchange Commission and firms like Goldman Sachs—to healthcare, implicating providers and insurers regulated under frameworks shaped by the Centers for Medicare & Medicaid Services and subject to enforcement by the Department of Health and Human Services. The organization’s advocacy contributed to legislative and regulatory outcomes influenced by senators and representatives including Patrick Leahy and Elizabeth Warren, and by administrative leaders in the Department of Justice and the Office of Special Counsel (United States).
Legal Advocacy and Litigation
The center’s legal work includes representing individual relators in qui tam actions under the False Claims Act and filing amicus briefs in appellate matters before the United States Court of Appeals for the D.C. Circuit and the Supreme Court of the United States. It has brought or supported litigation involving administrative remedies at the Merit Systems Protection Board and enforcement proceedings before agencies such as the Environmental Protection Agency and the Commodity Futures Trading Commission. The organization has argued for interpretations of statutes consistent with expanded protections seen in cases litigated by plaintiffs represented by attorneys appearing in circuits that include the Second Circuit, Ninth Circuit, and Federal Circuit.
Education, Training, and Outreach
The organization develops training programs for whistleblowers, counsel, journalists, and nongovernmental organizations, hosting seminars with scholars and practitioners affiliated with institutions like Harvard Law School, Georgetown University Law Center, and Columbia Law School. It produces written guidance for reporters at outlets such as The New York Times, The Washington Post, and ProPublica, and engages with international actors including delegates to the Council of Europe and the Organization for Economic Co-operation and Development on model legal standards. Partnerships with advocacy groups such as Transparency International and academic centers like the Brennan Center for Justice have been part of its outreach.
Funding and Organizational Structure
As a nonprofit, the center relies on a mixture of donor contributions, litigation recoveries where permitted, and grants from foundations. Its leadership structure has included executive directors and counsels who interact with oversight institutions including the Internal Revenue Service tax-exempt rules and reporting to state charity regulators such as the New York Attorney General. The organization has collaborated with law firms and public interest law organizations including Kohn, Kohn & Colapinto and regional legal clinics affiliated with universities like Georgetown University.
Criticism and Controversies
Critics have questioned aspects of funding, litigation tactics, and relationships with contingent-fee law firms, drawing scrutiny from commentators in outlets such as The Wall Street Journal and analyses by think tanks like the Heritage Foundation and the Cato Institute. Controversies have arisen over strategic decisions in high-profile matters that involved public figures such as Julian Assange–related reporting and debates over national security disclosures involving Edward Snowden, prompting discussions in forums including the United States Senate Judiciary Committee and panels convened by the Brookings Institution. Some critics and former allied groups have raised concerns about transparency and governance, prompting comparisons to standards advocated by Independent Sector and the Council on Foundations.