The Corporate Whistleblower's Survival Guide A Handbook for Committing the Truth

by Devine, Tom; Maassarani, Tarek F.

• ISBN13: 9781605099866
• ISBN10: 1605099864
• Format: Paperback
• Copyright: 2011-04-04
• Publisher: Berrett-Koehler Publishers

Summary

With groundbreaking resources from the Government Accountability Project (GAP), this is the ultimate guide for would-be whistleblowers, as well as corporate gatekeepers in HR and Legal who are required by law to protect them.

Author Biography

Tom Devine is legal director of the Government Accountability Project, which since 1977 has helped over 5,000 people take on organizations like AIG, Bechtel, the World Bank, Procter Gamble, and Wyeth Pharmaceuticals-and win. He has received the Fund for Constitutional Government's Defender of the Constitution Award and is a member of the Freedom of Information Act Hall of Fame. Tarek Maassarani is a practicing attorney and a former investigator with the Government Accountability Project. He is currently an adjunct professor at George Washington University.

Table of Contents

Foreword	p. xi
Introduction: Whistleblowing in Corporate America	p. 1
The Need for This Handbook	p. 5
A Message to Corporate Leaders	p. 6
Deciding to Blow the Whistle	p. 9
What Constitutes a Whistleblower Case?	p. 9
Facing Conflicting Values and Goals	p. 10
Whistleblowers at Their Best	p. 12
Reality Check for the Aspiring Whistleblower	p. 15
Shooting the Messenger	p. 16
The Personal Price	p. 16
The Red Flags	p. 19
Targeting Dissenters: Tactics of Retaliation	p. 19
Spotlight the Whistleblower, Not the Wrongdoing	p. 20
Build a Damaging Record against the Whistleblower	p. 22
Threaten Them	p. 24
Isolate Them	p. 26
Set Them Up for Failure	p. 26
Physically Attack Them	p. 26
Eliminate Their Jobs	p. 27
Paralyze Their Careers	p. 28
Blacklist Them	p. 30
Neutralizing Dissent: Tactics of Cover-Up	p. 31
Gag the Employees	p. 31
Study It to Death	p. 32
Separate Expertise from Authority	p. 33
Institutionalize Conflict of Interest	p. 34
Keep Them Ignorant	p. 36
Prevent the Development of a Written Record	p. 38
Rewrite the Issues	p. 38
Scapegoat the Small Fry	p. 39
What to Know Before You Blow	p. 41
Be Clear about Your Objectives	p. 41
Anonymity versus Going Public	p. 42
Questions to Help You Decide	p. 45
Thirteen Essential Survival Tips	p. 46
Maintaining Your Sanity	p. 60
Relationships, Relationships, Relationships!	p. 65
Building Partnerships	p. 65
Gathering More Information	p. 73
Corporate Filings	p. 73
Other Information in the Public Record	p. 75
Freedom of Information Act	p. 76
Public Interest Organizations and the Media	p. 78
A Note on Defamation	p. 79
Public Figures versus Private Citizens	p. 80
Truth as an Absolute Defense	p. 80
Where to Go When Yon Want to Blow	p. 81
Whistle Where You Work: The Corporate Channels	p. 82
In-House Disclosure Programs	p. 83
Going up the Chain of Command	p. 86
Pointers for Taking It up the Chain	p. 88
Whistleblowing to Regulators and Law Enforcement	p. 90
The Problem of Regulatory Capture	p. 91
Pointers for Taking It to an Agency	p. 93
Whistleblowing to Congress	p. 94
Risks and Rewards of Taking It to Congress	p. 95
Pointers for Taking It to Congress	p. 96
Blowing the Whistle on Fraud through the Courts	p. 99
Origins of the False Claims Act	p. 100
How a False Claims Suit Works	p. 102
Considerations before Filing a False Claims Suit	p. 104
Whistleblowing and the Media	p. 108
News Media	p. 108
Pointers for Taking It to the News Media	p. 111
New and Social Media	p. 122
Pointers for Using Social and New Media	p. 125
Getting Help in Blowing the Whistle	p. 127
Advocacy Partners: A Whistleblower's Best Friend	p. 127
Public Interest Organizations	p. 130
Employee Organizations	p. 131
Employee Support Organizations	p. 132
Professional Associations	p. 132
Considerations before Working with Advocacy Partners	p. 133
Questions to Ask before Taking on an Advocacy Partner	p. 135
Whistleblowing on the Web	p. 135
WikiLeaks and Similar Sites	p. 136
Whistleblowers and Their Lawyers	p. 137
Considerations before Selecting a Lawyer	p. 138
Pointers for Choosing a Lawyer	p. 140
Pointers for Working with Your Lawyer	p. 146
Terminating the Attorney-Client Relationship	p. 147
Whistleblowing and the Law	p. 149
SOX and Federal Whistleblower Statutes: A Mirage of Protection	p. 149
Your Rights on Paper	p. 151
SOX on Paper	p. 156
Your Rights in Reality	p. 161
What Went Wrong: OSHA	p. 168
What Went Wrong: ARB	p. 178
The Times Are They a-Changin'?	p. 183
Pointers for Filing a SOX Whistleblower Complaint	p. 187
False Claims Act	p. 193
State Statutory Protections	p. 193
Common-Law Protections	p. 196
Corporate Whistleblower Reform	p. 198
The Principles of Reform	p. 198
Citizen Enforcement Act	p. 199
Corporate Policies and Guidelines	p. 200
Corporate Whistleblower's Bill of Rights and Responsibilities	p. 201
Alternative Dispute Resolution	p. 203
Types of Alternative Dispute Resolution	p. 204
The Hanford Concerns Council	p. 205
Conclusion	p. 209
Whistleblowey Toolkit	p. 211
Filing a Sarbanes-Oxley Whistleblower Complaint	p. 212
Sample FOIA Request Letter	p. 236
Public Interest Organizations	p. 238
Online Resources	p. 244
Federal Statutes with Corporate Whistleblower Provisions	p. 247
International Ombudsman Association Standards of Practice	p. 251
International Best Practices for Whistleblower Policies	p. 256
Model Whistleblower Hotline Policy	p. 270
Model Citizen Enforcement Act	p. 273
Acknowledgments	p. 275
Notes	p. 277
Glossary	p. 307
Bibliography	p. 317
Index	p. 319
About the Government Accountability Project	p. 333
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