The Motor Vehicle Safety Act Whistleblower Program is one of the newest whistleblower laws in the United States. It is so recent that it was approved in 2015 and it is still technically a work in progress since the required guidelines are still being developed right now. This Act allows employees and contractors of motor-vehicle manufacturers or parts suppliers to report any serious violations of federal safety laws and regulations to the National Highway Traffic Safety Administration and incentivizes this by awarding those who blow the whistle. The program rewards them with anywhere from 10% – 30% of any money recovered from a successful action that leads to the recovery of over $1 million. The great thing about this law is that it allows for retroactive whistleblowing. For this to be so, the vehicle or component must have been sold in the US and there must be jurisdiction. If so, the whistleblower qualifies for rewards under the program.
Recently, the first ever reward under the program was paid out to a whistleblower. The reward went to a former Hyundai Safety Engineer, Gwang Ho Kim. Kim realized that Hyundai and Kia hid a critical engine defect from US regulators and bravely enough traveled directly to DC to file a claim that led to the recall of over 1.6 million unsafe vehicles. Reporting these violations was not the easiest act, since once he notified the companies about his intentions, he was immediately fired. They began harassing him and his family as well. Thankfully, Mr. Kim was brave enough to commit to guaranteeing the safety and wellbeing of consumers worldwide and for his efforts, he received and award of $24.3 million dollars.
Do you have a valid claim?
If you witnessed any widespread suspicious activity within your workplace, you might have a chance of becoming a whistleblower by reporting an ongoing fraudulent scheme. However, to increase your chances of success, you must be sure to back up your claim with substantial evidence or privileged information.
A Quick Whistleblower Checklist
Is the fraudulent scheme widespread enough?
Has the fraud been perpetuated for years or involves large sums of money?
Do you possess any physical evidence of the fraud (documents, forged signatures)?
Do you have access to privileged information which may help our investigators?
Do you work as an insider within the company perpetrating the fraud?
Did you witness any ongoing illegal behavior within your workplace?
Have you been forced into taking part in any suspicious corporate activity?