Sunday Read: Rules for Whistleblowers Review

National Whistleblower Center advocates for laws and policies that protect whistleblowers. But what happens with the laws, and how should whistleblowers interact with these laws??

Stephen M. Kohn 's new book Rules for Whistleblowers: A Handbook for Doing What’s Right is an amazing and thorough resource for how a prospective whistleblower might go about their case. NWC and Kohn will always recommend seeking your own legal counsel when blowing the whistle, but Kohn’s new book provides a solid start to understanding whistleblower law.?

Rules for Whistleblowers is the updated edition of Kohn’s 2011 book, The New Whistleblower’s Handbook. Both books make it clear that whistleblowing is broader than what mainstream media has so long defined it as.?

Both editions open by correcting this simplified narrative that whistleblowing is simply an employment issue. Whistleblowing today is very different than it was thirty years ago. While old laws protect employees from the aftermath of whistleblowing, new laws create an environment that encourages whistleblowers to blow the whistle with rewards-based laws.?

Looking Back on The New Whistleblower’s Handbook (2011)?

In his 2011 book, Kohn organizes his chapters into easily accessible rules, allowing whistleblowers to find which laws will protect them in their respective fields, from wildlife protections, automobile industries, tax fraud, foreign corruption, and ocean pollution, among many other fields.?

Kohn notes that an issue with current whistleblower law is that most laws are specific, and do not always have the same degree of protections or rewards. In addition, state legal protections add another obstacle, where some have no rights and others have some reforms.?

One of the most powerful pieces of whistleblower law is the False Claims Act, which targets those who commit fraud against the government, or governmental programs. The FCA is the oldest qui tam law, using a medieval concept where a whistleblower could sue on behalf of the government and receive ten to thirty percent of the money obtained from the defrauders.??

The monetary reward of the FCA was so successful that many states and other whistleblower legislation adopted qui tam style provisions. The New Whistleblower’s Handbook gives a detailed, step-by-step description of how one might file for a reward.?

Kohn follows these chapters with advice on how to approach whistleblowing. The common misconception whistleblowers have about whistleblowing is that they are simply doing their jobs or what is considered common sense. Kohn’s advice centers around confidentiality, proper documentation, and seeking proper legal counsel (for yourself, not the company).?

Kohn’s writing is successful because he makes legal concepts approachable and clear. Through memorable quotes and engaging cases to illustrate aspects of whistleblower laws, anyone can understand their right to blow the whistle safely. This book has long been considered the authoritative source of whistleblower wisdom, and a critical tool for potential whistleblowers looking to help themselves through the tough decision on whether to blow the whistle. That is, until the Rule for Whistleblowers book was published.??

Progress in Rules for Whistleblowers (2023)?

In his 2023 edition, Rules for Whistleblowers: A Handbook for Doing What’s Right, Kohn reiterates his main points on modern whistleblower laws, tactics to protect whistleblowers, obtaining rewards, and how to fight powerful entities.?

As whistleblower law improves steadily as more people understand its effectiveness in preventing fraud and corruption, Rules for Whistleblowers covers recent policy changes and laws made in the past decade that did not exist when The New Whistleblowers Handbook was published.??

In Rules for Whistleblowers, we can see what whistleblowers and policy makers are prioritizing today. Foreign corruption, money laundering, and wildlife concerns are gaining more whistleblower protections. These trends follow a growing interest in ending corruption, preventing tax dollars from being misused, and protecting the environment.?

Since 2011, Congress and the United States government have realized whistleblowing was a powerful tool. The 2020s mark the United States becoming a major leader in anticorruption and whistleblower law. Rules for Whistleblowers discusses this pivotal shift in an engaging and informative way.?

On a chapter discussing global actions for whistleblowers living in foreign countries, Kohn writes that in December 2021, the United States declared war against international corruption. By adding Dodd-Frank Act protections, foreign whistleblowers can prevent money laundering, tax evasion, and human rights abuses confidentially and safely.?

Rules for Whistleblowing is useful reading for readers outside of the U.S. who want to report corruption in a country that lacks whistleblower protections and a culture of accountability.??

Like The New Whistleblower Handbook, Kohn continues with his clear writing style in Rules for Whistleblowers. Both books include the retelling of the gripping story of the very first whistleblower case in the United States. One pleasant addition to the new edition is the use of more graphics and figures. The reading experience is enjoyable as well as informative. Rules for Whistleblowers is a must read.??

The Significance?

While whistleblowing law and public understanding of whistleblowers have improved over the years, books like Rules for Whistleblowers are necessary to educating anyone in the workforce. When corporate culture often prioritizes profit, secrecy, and so-called loyalty, it is pertinent that workers are aware of their rights and the power of the truth.??

You can purchase your copy of Rules for Whistleblowers here.??

Support NWC?

NWC is committed to educating the public about whistleblowers and the defense of whistleblower protections. As a 501(c)(3) non-profit, our awareness building work is made possible with the support of our generous donors. Please consider donating $75 today to help us continue to educate the public about whistleblower experiences and the impact of whistleblower protections on our everyday safety.??

This story was researched and drafted by NWC Intern, Michelle Lin, a fourth-year majoring in English and History at University of California, Los Angeles. ?