The Corporate Whistleblower's Survival Guide

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  • Format: Trade Paper
  • Copyright: 2011-04-04
  • Publisher: Berrett-Koehler Publishers
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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

Forewordp. xi
Introduction: Whistleblowing in Corporate Americap. 1
The Need for This Handbookp. 5
A Message to Corporate Leadersp. 6
Deciding to Blow the Whistlep. 9
What Constitutes a Whistleblower Case?p. 9
Facing Conflicting Values and Goalsp. 10
Whistleblowers at Their Bestp. 12
Reality Check for the Aspiring Whistleblowerp. 15
Shooting the Messengerp. 16
The Personal Pricep. 16
The Red Flagsp. 19
Targeting Dissenters: Tactics of Retaliationp. 19
Spotlight the Whistleblower, Not the Wrongdoingp. 20
Build a Damaging Record against the Whistleblowerp. 22
Threaten Themp. 24
Isolate Themp. 26
Set Them Up for Failurep. 26
Physically Attack Themp. 26
Eliminate Their Jobsp. 27
Paralyze Their Careersp. 28
Blacklist Themp. 30
Neutralizing Dissent: Tactics of Cover-Upp. 31
Gag the Employeesp. 31
Study It to Deathp. 32
Separate Expertise from Authorityp. 33
Institutionalize Conflict of Interestp. 34
Keep Them Ignorantp. 36
Prevent the Development of a Written Recordp. 38
Rewrite the Issuesp. 38
Scapegoat the Small Fryp. 39
What to Know Before You Blowp. 41
Be Clear about Your Objectivesp. 41
Anonymity versus Going Publicp. 42
Questions to Help You Decidep. 45
Thirteen Essential Survival Tipsp. 46
Maintaining Your Sanityp. 60
Relationships, Relationships, Relationships!p. 65
Building Partnershipsp. 65
Gathering More Informationp. 73
Corporate Filingsp. 73
Other Information in the Public Recordp. 75
Freedom of Information Actp. 76
Public Interest Organizations and the Mediap. 78
A Note on Defamationp. 79
Public Figures versus Private Citizensp. 80
Truth as an Absolute Defensep. 80
Where to Go When Yon Want to Blowp. 81
Whistle Where You Work: The Corporate Channelsp. 82
In-House Disclosure Programsp. 83
Going up the Chain of Commandp. 86
Pointers for Taking It up the Chainp. 88
Whistleblowing to Regulators and Law Enforcementp. 90
The Problem of Regulatory Capturep. 91
Pointers for Taking It to an Agencyp. 93
Whistleblowing to Congressp. 94
Risks and Rewards of Taking It to Congressp. 95
Pointers for Taking It to Congressp. 96
Blowing the Whistle on Fraud through the Courtsp. 99
Origins of the False Claims Actp. 100
How a False Claims Suit Worksp. 102
Considerations before Filing a False Claims Suitp. 104
Whistleblowing and the Mediap. 108
News Mediap. 108
Pointers for Taking It to the News Mediap. 111
New and Social Mediap. 122
Pointers for Using Social and New Mediap. 125
Getting Help in Blowing the Whistlep. 127
Advocacy Partners: A Whistleblower's Best Friendp. 127
Public Interest Organizationsp. 130
Employee Organizationsp. 131
Employee Support Organizationsp. 132
Professional Associationsp. 132
Considerations before Working with Advocacy Partnersp. 133
Questions to Ask before Taking on an Advocacy Partnerp. 135
Whistleblowing on the Webp. 135
WikiLeaks and Similar Sitesp. 136
Whistleblowers and Their Lawyersp. 137
Considerations before Selecting a Lawyerp. 138
Pointers for Choosing a Lawyerp. 140
Pointers for Working with Your Lawyerp. 146
Terminating the Attorney-Client Relationshipp. 147
Whistleblowing and the Lawp. 149
SOX and Federal Whistleblower Statutes: A Mirage of Protectionp. 149
Your Rights on Paperp. 151
SOX on Paperp. 156
Your Rights in Realityp. 161
What Went Wrong: OSHAp. 168
What Went Wrong: ARBp. 178
The Times Are They a-Changin'?p. 183
Pointers for Filing a SOX Whistleblower Complaintp. 187
False Claims Actp. 193
State Statutory Protectionsp. 193
Common-Law Protectionsp. 196
Corporate Whistleblower Reformp. 198
The Principles of Reformp. 198
Citizen Enforcement Actp. 199
Corporate Policies and Guidelinesp. 200
Corporate Whistleblower's Bill of Rights and Responsibilitiesp. 201
Alternative Dispute Resolutionp. 203
Types of Alternative Dispute Resolutionp. 204
The Hanford Concerns Councilp. 205
Conclusionp. 209
Whistleblowey Toolkitp. 211
Filing a Sarbanes-Oxley Whistleblower Complaintp. 212
Sample FOIA Request Letterp. 236
Public Interest Organizationsp. 238
Online Resourcesp. 244
Federal Statutes with Corporate Whistleblower Provisionsp. 247
International Ombudsman Association Standards of Practicep. 251
International Best Practices for Whistleblower Policiesp. 256
Model Whistleblower Hotline Policyp. 270
Model Citizen Enforcement Actp. 273
Acknowledgmentsp. 275
Notesp. 277
Glossaryp. 307
Bibliographyp. 317
Indexp. 319
About the Government Accountability Projectp. 333
Table of Contents provided by Ingram. All Rights Reserved.

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