| |
| |
Foreword | |
| |
| |
| |
Introduction: Whistleblowing in Corporate America | |
| |
| |
The Need for This Handbook | |
| |
| |
A Message to Corporate Leaders | |
| |
| |
| |
Deciding to Blow the Whistle | |
| |
| |
What Constitutes a Whistleblower Case? | |
| |
| |
Facing Conflicting Values and Goals | |
| |
| |
Whistleblowers at Their Best | |
| |
| |
Reality Check for the Aspiring Whistleblower | |
| |
| |
Shooting the Messenger | |
| |
| |
The Personal Price | |
| |
| |
| |
The Red Flags | |
| |
| |
Targeting Dissenters: Tactics of Retaliation | |
| |
| |
Spotlight the Whistleblower, Not the Wrongdoing | |
| |
| |
Build a Damaging Record against the Whistleblower | |
| |
| |
Threaten Them | |
| |
| |
Isolate Them | |
| |
| |
Set Them Up for Failure | |
| |
| |
Physically Attack Them | |
| |
| |
Eliminate Their Jobs | |
| |
| |
Paralyze Their Careers | |
| |
| |
Blacklist Them | |
| |
| |
Neutralizing Dissent: Tactics of Cover-Up | |
| |
| |
Gag the Employees | |
| |
| |
Study It to Death | |
| |
| |
Separate Expertise from Authority | |
| |
| |
Institutionalize Conflict of Interest | |
| |
| |
Keep Them Ignorant | |
| |
| |
Prevent the Development of a Written Record | |
| |
| |
Rewrite the Issues | |
| |
| |
Scapegoat the Small Fry | |
| |
| |
| |
What to Know Before You Blow | |
| |
| |
Be Clear about Your Objectives | |
| |
| |
Anonymity versus Going Public | |
| |
| |
Questions to Help You Decide | |
| |
| |
Thirteen Essential Survival Tips | |
| |
| |
Maintaining Your Sanity | |
| |
| |
Relationships, Relationships, Relationships! | |
| |
| |
Building Partnerships | |
| |
| |
Gathering More Information | |
| |
| |
Corporate Filings | |
| |
| |
Other Information in the Public Record | |
| |
| |
Freedom of Information Act | |
| |
| |
Public Interest Organizations and the Media | |
| |
| |
A Note on Defamation | |
| |
| |
Public Figures versus Private Citizens | |
| |
| |
Truth as an Absolute Defense | |
| |
| |
| |
Where to Go When Yon Want to Blow | |
| |
| |
Whistle Where You Work: The Corporate Channels | |
| |
| |
In-House Disclosure Programs | |
| |
| |
Going up the Chain of Command | |
| |
| |
Pointers for Taking It up the Chain | |
| |
| |
Whistleblowing to Regulators and Law Enforcement | |
| |
| |
The Problem of Regulatory Capture | |
| |
| |
Pointers for Taking It to an Agency | |
| |
| |
Whistleblowing to Congress | |
| |
| |
Risks and Rewards of Taking It to Congress | |
| |
| |
Pointers for Taking It to Congress | |
| |
| |
Blowing the Whistle on Fraud through the Courts | |
| |
| |
Origins of the False Claims Act | |
| |
| |
How a False Claims Suit Works | |
| |
| |
Considerations before Filing a False Claims Suit | |
| |
| |
Whistleblowing and the Media | |
| |
| |
News Media | |
| |
| |
Pointers for Taking It to the News Media | |
| |
| |
New and Social Media | |
| |
| |
Pointers for Using Social and New Media | |
| |
| |
| |
Getting Help in Blowing the Whistle | |
| |
| |
Advocacy Partners: A Whistleblower's Best Friend | |
| |
| |
Public Interest Organizations | |
| |
| |
Employee Organizations | |
| |
| |
Employee Support Organizations | |
| |
| |
Professional Associations | |
| |
| |
Considerations before Working with Advocacy Partners | |
| |
| |
Questions to Ask before Taking on an Advocacy Partner | |
| |
| |
Whistleblowing on the Web | |
| |
| |
WikiLeaks and Similar Sites | |
| |
| |
Whistleblowers and Their Lawyers | |
| |
| |
Considerations before Selecting a Lawyer | |
| |
| |
Pointers for Choosing a Lawyer | |
| |
| |
Pointers for Working with Your Lawyer | |
| |
| |
Terminating the Attorney-Client Relationship | |
| |
| |
| |
Whistleblowing and the Law | |
| |
| |
SOX and Federal Whistleblower Statutes: A Mirage of Protection | |
| |
| |
Your Rights on Paper | |
| |
| |
SOX on Paper | |
| |
| |
Your Rights in Reality | |
| |
| |
What Went Wrong: OSHA | |
| |
| |
What Went Wrong: ARB | |
| |
| |
The Times Are They a-Changin'? | |
| |
| |
Pointers for Filing a SOX Whistleblower Complaint | |
| |
| |
False Claims Act | |
| |
| |
State Statutory Protections | |
| |
| |
Common-Law Protections | |
| |
| |
| |
Corporate Whistleblower Reform | |
| |
| |
The Principles of Reform | |
| |
| |
Citizen Enforcement Act | |
| |
| |
Corporate Policies and Guidelines | |
| |
| |
Corporate Whistleblower's Bill of Rights and Responsibilities | |
| |
| |
Alternative Dispute Resolution | |
| |
| |
Types of Alternative Dispute Resolution | |
| |
| |
The Hanford Concerns Council | |
| |
| |
Conclusion | |
| |
| |
Whistleblowey Toolkit | |
| |
| |
| |
Filing a Sarbanes-Oxley Whistleblower Complaint | |
| |
| |
| |
Sample FOIA Request Letter | |
| |
| |
| |
Public Interest Organizations | |
| |
| |
| |
Online Resources | |
| |
| |
| |
Federal Statutes with Corporate Whistleblower Provisions | |
| |
| |
| |
International Ombudsman Association Standards of Practice | |
| |
| |
| |
International Best Practices for Whistleblower Policies | |
| |
| |
| |
Model Whistleblower Hotline Policy | |
| |
| |
| |
Model Citizen Enforcement Act | |
| |
| |
Acknowledgments | |
| |
| |
Notes | |
| |
| |
Glossary | |
| |
| |
Bibliography | |
| |
| |
Index | |
| |
| |
About the Government Accountability Project | |