UPDATED IN MARCH 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more! From the nation’s leading whistleblower attorney, comes the third edition of the first-ever consumer guide to whistleblowing. In The Whistleblower’s Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers.
Whistleblower protection is vital for: safeguarding public interest; promoting accountability and integrity in public and private institutions; and encouraging reporting of misconduct, fraud and corruption. This report analyses whistleblower protection standards in the public and private sectors.
From Erin Brockovich to Enron, whistleblowers who “challenge abuses of power that betray the public trust” have proven to be an unfortunate necessity in modern business culture. Their efforts to report crimes, fraud, and dangers to public health and safety have saved millions of lives and billions of dollars of shareholder value – and had we heeded the warnings of whistleblowers, perhaps disasters such as the Bernie Madoff scandal and the Lehman Brothers meltdown could have been averted. Recent federal legislation in finance and health reform have cemented legal protections and mechanisms for whistleblowing. This book provides a thorough guide and history to the whistleblower's legal rights. The ultimate survival guide, it provides advice on getting help and finding allies, warns that retaliation is often the reward for "committing the truth" and shows how to weather the storm. With extensive legal texts, sample letters, resources, and information on upcoming whistleblower reforms, this is the ultimate source on the subject.
First introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights’ case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union’s approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations’ own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.
In a dark departure from our standard picture of whistleblowers, C. Fred Alford offers a chilling account of the world of people who have come forward to protest organizational malfeasance in government agencies and in the private sector. The conventional story—high-minded individual fights soulless organization, is persecuted, yet triumphs in the end—is seductive and pervasive. In speaking with whistleblowers and their families, lawyers, and therapists, Alford discovers that the reality of whistleblowing is grim. Few whistleblowers succeed in effecting change; even fewer are regarded as heroes or martyrs.Alford mixes narrative analysis with political insight to offer a frank picture of whistleblowing and a controversial view of organizations. According to Alford, the organization as an institution is dedicated to the destruction of the moral individualist. Frequently, he claims, the organization succeeds, which means that the whistleblowers are broken, unable to reconcile their actions and beliefs with the responses they receive from others. In addition to being mistreated by organizations, whistleblowers often do not receive support from their families and communities. In order to make sense of their stories, Alford claims, some whistleblowers must set aside the things they have always believed: that loyalty is larger than the herd instinct, that someone in charge will do the right thing, that the family is a haven from a heartless world. Alford argues that few whistleblowers recover from their experience, and that, even then, they live in a world very different from the one they knew before their confrontation with the organization.
Society needs whistleblowers, yet to speak up and expose wrongdoing often results in professional and personal ruin. Kate Kenny draws on the stories of whistleblowers to explain why this is, and what must be done to protect those who have the courage to expose the truth. Despite their substantial contribution to society, whistleblowers are considered martyrs more than heroes. When people expose serious wrongdoing in their organizations, they are often punished or ignored. Many end up isolated by colleagues, their professional careers destroyed. The financial industry, rife with scandals, is the focus of Kate Kenny’s penetrating global study. Introducing whistleblowers from the United States, the United Kingdom, Switzerland, and Ireland working at companies like Wachovia, Halifax Bank of Scotland, and Countrywide–Bank of America, Whistleblowing suggests practices that would make it less perilous to hold the powerful to account and would leave us all better off. Kenny interviewed the men and women who reported unethical and illegal conduct at major corporations in the run up to the 2008 financial crisis. Many were compliance officers working in influential organizations that claimed to follow the rules. Using the concept of affective recognition to explain how the norms at work powerfully influence our understandings of right and wrong, she reframes whistleblowing as a collective phenomenon, not just a personal choice but a vital public service.
Solid guidance for managing whistleblower policies in light of the new Dodd-Frank Act provisions In July 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act that greatly expanded whistleblower bounties in connection with violations of federal securities laws, including the Foreign Corrupt Practices Act. Discussing business protection strategies and best practices in dealing with whistleblowers, Whistleblowers will appeal to board members, executives, corporate compliance personnel, attorneys for whistleblowers and defense attorneys, as well as potential employee whistleblowers. Case studies of GlaxoSmithKline, Pfizer and other high profile whistleblower incidences Examines new Dodd-Frank incentives to whistleblowers Recommends best practices for corporations in light of new whistleblowing incentives Explores other federal and state statutory incentives to whistleblowing Timely and comprehensive, Whistleblowers emphasizes the disincentives to whistleblowing, reviewing the academic studies of whistleblowers with the idea of developing best practices in working with whistleblowers.
We are living in a time of mind-boggling corruption, but we are also living in a golden age of whistleblowing. Over the past two decades, whistleblowers have emerged as both the government's best weapon against corporate misconduct and the citizenry's best defence against government. Drawing on relentless original research, including in-depth interviews with more than 200 whistleblowers, Crisis of Conscience is a modern-day David-and-Goliath saga, told through a series of riveting cases drawn from Big Pharma, the military, and beyond.
The unbelievable true story of the young woman who faced down one of the most valuable startups in Silicon Valley history--and what came after In 2017, twenty-five-year-old Susan Fowler published a blog post detailing the sexual harassment and retaliation she'd experienced as an entry-level engineer at Uber. The post went viral, leading not only to the ouster of Uber's CEO and twenty other employees, but "starting a bonfire on creepy sexual behavior in Silicon Valley that . . . spread to Hollywood and engulfed Harvey Weinstein" (Maureen Dowd, The New York Times). When Susan decided to share her story, she was fully aware of the consequences most women faced for speaking out about harassment prior to the #MeToo era. But, as her inspiring memoir, Whistleblower, reveals, this courageous act was entirely consistent with Susan's young life so far: a life characterized by extraordinary determination, a refusal to accept things as they are, and the desire to do what is good and right. Growing up in poverty in rural Arizona, she was denied a formal education--yet went on to obtain an Ivy League degree. When she was told, after discovering the pervasive culture of sexism, harassment, racism, and abuse at Uber, that she was the problem, she banded together with other women to try to make change. When that didn't work, she went public. She could never have anticipated what would follow: that she would be investigated, followed, and harrassed; that her words would change much more than Uber; or that they would set her on a course toward finally achieving her dreams. The moving story of a woman's lifelong fight to do what she loves--despite repeatedly being told no or treated as less-than--Whistleblower is both a riveting read and a source of inspiration for anyone seeking to stand up against inequality in their own workplace.
