On March 28, Kohn, Kohn & Colapinto founding partner Stephen M. Kohn participated in a panel discussion at the OECD Anti-Corruption and Integrity Forum in Paris, France. The event, titled "Unmasking Corruption, Empowering Whistleblowers," highlighted the crucial role played by whistleblowers in exposing and combating corruption and discussed the importance of safeguarding their rights and enhancing their contributions to anti-bribery efforts.
During the panel, Kohn highlighted the praise given to U.S. whistleblower award programs in the OECD Phase 4 Audit on the United States and emphasized the significance of whistleblowers in uncovering corruption. He explained that U.S. laws have a transnational impact and that the biggest cases are often outside of the United States.
Currently, whistleblowers from around the world can report corruption while remaining anonymous and confidential, and be eligible for an award if a sanction is collected, under both the Foreign Corrupt Practices Act and the Anti-Money Laundering Act. Kohn stressed the importance of protecting whistleblowers and the need for incentives such as rewards. Other panelists also emphasized the significance of laws which safeguard whistleblowers' rights.
Under these transnational whistleblower programs, whistleblowers have played a pivotal role in bringing forward instances of wrongdoing and bribery around the world, particularly in exposing foreign bribery.
Kohn stated: " Every person in the world can file an anonymous and confidential report for Foreign Bribery or Anti-Money Laundering cases under the United States laws and if they qualify they can get 10-30%. It is impossible for the United States to protect [people worldwide] but alternatively they can give financial compensation."
Protecting whistleblowers is crucial in the fight against corruption, and incentives such as rewards can encourage them to come forward. The transnational whistleblower laws in the United States provide an avenue for whistleblowers from around the world to report confidential information and be protected.
In recent years, Kohn has met with government officials from around the world to discuss the transnational anti-corruption reach of the U.S. whistleblower award programs. He is also pushing for U.S. agencies to better adapt their whistleblower protocols to the needs of international whistleblowers.
This article originally appeared in the National Law Review.
Originally published April 17th, 2024.
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