Whistleblowers Need Protection

Are you a whistleblower that needs help? Do you know of wrongdoing and want to report anonymously? Need someone to talk to about the retaliation?

Thursday, August 4, 2011

Announcement of Whistlewatch.org

Please check the new website; whistlewatch.org  or contact me at info@whistlewatch.org  Thank you. 

Friday, July 8, 2011

Would the last rich person to leave the U.S., in crisis please turn out the lights?

There was a billboard in Pittsburgh that said about the same thing after the steel mills closed.  And now we see via the media, that Wall Street and Government are one and the same.  So let's call it what it is.  WallGov.hell.  Citizens---Welcome to Hell-Grab Your Hand Basket and Solar Powered Flashlight Because the Rich are about to Shut Off the Lights---Again!  When did our government become of the rich and for the rich !  Where the are our elected officials and when did all the government employees stop honoring their duties to the American people?  Open your window and whistle "I'm mad as hell and I'm not going to take it." 

Brilliant article by By Brett Arends, MarketWatch

http://www.marketwatch.com/story/the-next-worse-financial-crisis-2011-07-06

Another Dark Day for Whistleblowers; An Extremely Harmful Day for the American People and Global Economy.

It's a horrible, dark day when a whistle blower goes to the lengths of trying to prove the U.S. Treasury is owed $2 billion in U.S. taxes from 2000 to 2009, as Daniel J. Schlicksup did and ends up being retaliated against. Schlicksup was a global tax strategy manager for Caterpillar from 2005 to 2008. 

http://www.bloomberg.com/news/2011-07-08/caterpillar-accused-of-demoting-tax-whistleblower.html

To make matters worse for the American People and Global Economy, take a look at how the Justice Department is going soft on Wall Street.  Interference with investigations and deferred prosecutions in order to allow corporate execs to escape the law. 

“We will not get an explanation of why there haven’t been prosecutions; at best, we will get a reference back to the Department of Justice manual that leaves the discretion to the prosecutors,” said Professor Ramirez of Washburn University. “The legal representatives will argue that since recoveries can be had by using civil measures, even private litigations, there’s no need to bring criminal measures. I disagree with that very much.”

http://www.nytimes.com/2011/07/08/business/in-shift-federal-prosecutors-are-lenient-as-companies-break-the-law.html?pagewanted=2

Tuesday, July 5, 2011

Announcement of Whistlewatch.org

I am pleased to announce the new collaborative effort of business professionals at http://whistlewatch.org/

Some of our work will include:

Global Corporate Integrity, Governance and Compliance,
Education, News and Networking,
Emerging Technologies,
Ethical Conduct and Professional Guidance,
Fraud Reporting and Developments,
Government Regulator Oversight,
Legal Expertise and Referrals,
Public Policy Statements on Health, Safety and Welfare Issues,
Risk Management and Investment Information,
Whistleblower Protections and Support Services.

Tuesday, May 24, 2011

A MONTH OF THINKING AND SPEAKING TRUTH TO POWER.

Think tank going strong!  Now here is what I'd call a serious problem!  Agency one responsible for protecting investors money and whistleblowers v. Agency two who is subject to influence peddling by big corporations. 

http://www.linkedin.com/groupItem?view=&gid=61769&type=member&item=49663626&commentID=-1&qid=48b21129-b31c-4646-878a-5cabb55d7568&goback=%2Egmp_61769#lastComment

Evelynn Brown, J.D., LL.M • Just when you thought maybe, just maybe those in charge might do the best thing for the country...we have government agencies (I'll save commentary on them for another day) at war on Dodd-Frank legislation; SEC v. US Chamber of Commerce. Finger pointing abounds which solves nothing in the wake of high umemployment and endless mortgage foreclosures. Here is a suggestion-Step to the other side people and work together before we have another financial meltdown and more homeless children in this country!




Mary Schapiro-do not succumb to corporate pressure to change the intent of the law. Please do not fail this country. Thanks go out to NWC "...demanding that Schapiro allow corporate whistleblowers to snitch wherever they feel is best -- so they won't be scared of reporting wrongdoing...."



Read more: http://www.nypost.com/p/news/business/whistleblower_skirmish_0iIRTnbfAdGfFxfytb7BKL#ixzz1Mv7qCcsz

Friday, April 29, 2011

Justice League: SEC whistleblower Linda Almonte's lawsuit dismisse...

Justice League: SEC whistleblower Linda Almonte's lawsuit dismisse...: "Written by Biloxi It looks like SEC whistleblower and former JP Morgan Chase employee Linda Almonte's case is being dismissed with prejudi..."

Monday, April 11, 2011

ONE WHISTLEBLOWER STANDS UP AGAINST CORRUPTION-SAN JOSE MERCURY NEWS-THE BATTLE IS NOT OVER!

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FEDS DIGGING INTO EHC

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San Jose Mercury News (CA)-October 17, 2008

Author/Byline: Karen de Sa
Mercury News

Edition: Valley Final
A routine inquiry begun a year ago at a youth shelter run by Santa Clara County's most prominent homeless-services agency has now progressed into an investigation of possible fraud.

Concerns first arose in October 2007, when a federal official monitoring millions of dollars in government spending on shelters for runaway youths paid a visit to EHC LifeBuilders in downtown San Jose. Alarmed that children and teens fleeing the streets were being cared for in an unlicensed facility, she alerted the state's community care division, and the shelter known as Our House was forced to shut its doors the next day.
Now the agency is receiving more unexpected federal scrutiny -- this time, from the U.S. Department of Health and Human Services' Office of the Inspector General, which is responsible for digging out fraud, waste and abuse of public funds. The new investigation comes as EHC has abandoned long-held plans to reopen the 14-year-old shelter; the group announced last week that it is shifting its youth shelter program to serve young adults, for whom licensing is not required.
The Office of the Inspector General does not comment on open investigations, and EHC managers downplayed last week's surprise visit, saying they don't believe the interviews amount to an investigation.

Yet Sparky Harlan, director of the Bill Wilson Center -- which now runs the county's only licensed runaway youth shelter -- was among those questioned last week by the inspector general's office and said the inspector was "responding to a complaint of possible fraud at another agency." Because of confidentiality requirements, Harlan did not disclose the name of that agency, but others familiar with the investigation have confirmed EHC is the focus and that the questions center on fraud.
The allegations appear to include whether EHC tried to pass off phony licensing documents for the shelter, and whether the unlicensed facility was even eligible for the decade-plus of federal funding it had previously received.
When Health and Human Services program officer Evelynn Brown last October asked EHC for proof of a license at the shelter, she instead received a 1993 waiver with a different address on it -- for a building that had been demolished. Brown also reported finding children, including a pregnant teen and a boy who had spent 11 months at the temporary shelter, mixing among homeless adults. And because the facility was unlicensed, employees were unlawfully dispensing medication and providing counseling.
What's more, although federal grantees are required to screen staff through fingerprinting and background checks, Brown said those safety measures were lacking.
EHC officials said this week that they have always fingerprinted their employees but that their personnel files were organized incorrectly until this year and they were unable to provide documentation of the fingerprinting; they thought the license-exempt document they produced applied to different locations; and although they were mixing children and adults in a drop-in center, they did not house them together in the shelter.
Under its charismatic founder, Barry Del Buono, the non-profit EHC has grown through government grants and private donations into an organization with a $10 million operating budget that serves more than 10,000 men, women and children each year through a variety of programs.
Over the past year, however, EHC has been in tumult, including the resignation of Del Buono and widespread layoffs after the revelation of funding and management irregularities. EHC's own auditors revealed "significant deficiencies" affecting the agency's ability to administer federal programs, and the Department of Housing and Urban Development is currently conducting a review of $7 million in spending.
Last week, as news of the latest inquiry surfaced, EHC announced its decision not to reopen the runaway shelter, which still had not met state licensing requirements that ensure safe conditions at a new location on South Third Street. Agency managers described the shift in plans as an effort to serve another overlooked population -- young people ages 18 to 21 who are barred from youth shelters but feel out of place mingling with homeless adults. Beginning this month, these "transition-age youth" are being housed for as many as 90 days in EHC's new, multiuse Sobrato House not far from the former Our House site.
The new shelter fills a widely acknowledged gap in care for troubled young adults, many of whom have left the foster care system destitute; there are only four such shelters in the state. "These are the youth who the system has already failed," said EHC program manager Hilary Barroga. "We can't continue to fail them anymore."
But the celebration is colored by uncertainty surrounding the unusual visit from the Inspector General's office.
"They were asking about services to youth," Barroga said, stopping short of characterizing the visit an investigation. "There's no reason we would be under investigation with the Inspector General."

Barroga said EHC has received approximately $200,000 in federal funds each year since 1991 to run its drop-in center and shelter for homeless youths. But in recent weeks, the agency withdrew its pending application for additional funds provided through the federal Runaway and Homeless Youth Act.
Observers familiar with local homeless programs say the withdrawal may reflect the agency's nervousness about continuing to accept federal funds for a shelter that had not reopened for more than a year.
Brown, the program officer with the U.S. Department of Health and Human Services, was the first to formally lodge concerns about EHC's youth shelter. EHC was far from the only agency Brown found problems with when she arrived in California last year; she reported violations at as many as a dozen agencies from Santa Cruz to Southern California, including employees housing youths at their homes and funds being used to run phantom shelters.

After some grantees, including EHC, complained that she was overly aggressive and difficult to work with, Brown was recently placed on administrative leave. But her former boss praises her approach as just what's needed to protect vulnerable children.
"Everything she found was proven to be true, and nothing has been trivial," said Karen Morison, a former associate commissioner for the federal Family and Youth Services Bureau.
Santa Clara County Supervisor Liz Kniss said she was unaware of the investigation launched by Brown but noted her own ongoing concerns about EHC. Kniss abstained from an August supervisors' vote to give the agency more than $1 million for a no-bid contract, citing its history of poor fiscal control.

"I frequently felt we weren't getting good information from them," Kniss said, "and that the financial situation was obfuscated."

Contact Karen de Sá at kdesa@mercurynews.com or (408) 920-5781.

Monday, March 28, 2011

THE BROWN CENTER FOR PUBLIC POLICY

THINK TANK MISSION STATEMENT


MARCH 2011

After consultation with a mentor on how to create much needed change for corporations, government and businesses to welcome reports of risk management, noncompliance, fraud, unethical behavior and wrongdoing, a new concept sprang forth. Rather than shoot the messenger (whistleblower) leaders can step to the other side finding common ground in order to advance business growth and prosperity.


In the bottom line analysis we all want organizations to build the best, most profitable, competitive company. One smart way to do this is by advancing global corporate integrity and transparency. In other words, turn good behavior into a competitive edge. More than 70% of respondents in a recent poll said they "preferred to" or "would only" do business with a company that shared their values. Everybody values integrity.

It is clear that organizations which welcome and seek out problem identifiers and solution providing innovative thinking are protecting the company assets and reputation. Many organizations will be impacted by the new compliance federal and state legislation. As new technologies emerge, more questions and concerns about ethical behaviors will arise.

In order to keep pace, companies will have to think differently --- and they will need the help of those who have been paying attention and giving serious consideration on how to flourish in these changing times in a global economy. Let us all seek out and reward ethical behavior.

To this end, I'm seeking a core group of individuals from all walks of life for a new think tank to help build on this theme and goal. It’s time to put our best thinking to work and teach a new breed of leaders how to shape a better future.

It is time for whistleblowers to be seen as innovators and part of corporate integrity.

In the wake of the Renault scandal, a new view of whistleblowing is fast emerging.  Whistleblowers should be considered dedicated, ethical employees seeking to improve and protect a company.  Those that retaliate against whistleblowers should be seen for what they are; enemies of corporate integrity, high risk management and a great loss to an organizations assets and reputation.   

http://online.wsj.com/article/SB10001424052748703327404576194913231712904.html?KEYWORDS=renault

Wednesday, March 23, 2011

THE RULE OF LAW...AN INTERNATIONAL CRISIS OF EHTICS.

Judges Under Fire: Human Rights, Independent Judges, and the Rule of LawABA Book Announcement.

"A compilation of inspiring and true stories on the importance of an independent judiciary and the rule of law."


Judges Under Fire: Human Rights, Independent Judges, and the Rule of Law

By Harold Baer, Jr.

Judge Baer sits in the Federal Court in Manhattan. He has written a book whose message deserves our attention. He has provided a rarely seen but vital perspective on the rule of law. Through a series of true and fascinating stories from around the world Judge Baer spells out how necessary it is that each of us exercise vigilance to assure that the rule of law is preserved.

--- Rudolph Giuliani, Former New York City Mayor

FINALLY A JUDGE THAT ADVOCATES FOR THE TRUTH AT THE SEC AND WALL STREET.

"Judge Rakoff’s written opinion in the case included an overview of the history of regulatory settlement practices focusing on language that Wall Street firms prefer in shareholder lawsuits where they “neither admit nor deny any wrongdoing.” He contends that the result is “a stew of confusion and hypocrisy unworthy of such a proud agency as the SEC,...”

"In the final analysis the Judge believes that “all this is done at the expense, not only of the shareholders, but also of the truth.” In February 2010, the judge approved a revised $150 million settlement with the bank."
 
http://compliancesearch.com/compliancex/securities-and-exchange-commission-sec/federal-judge-questions-sec-settlements/

Tuesday, March 22, 2011

FORMER OFFICE OF SPECIAL COUNSEL HEAD WANTS TO WITHDRAW GUILTY PLEA

OSC is the federal agency chartered with the duty of protecting federal whistleblowers. Now Bloch wants to withdraw that guilty plea! Bloch has the nerve to believe that he is a victim of injustice because he thought by pleading guilty he would not have to do any time in jail? What about all the federal whistleblowers Bloch's office failed to protect who have been sentenced to a lifetime of longlasting retaliation? 

http://www.dailynews-update.net/4177/scott-bloch-lawyer-it-would-be-manifest-injustice-not-to-consider-withdraw-of-guilty-plea/


"Bloch previously admitted that he unlawfully and willfully withheld pertinent information from a committee of the House of Representatives when he “refused and failed to state fully and completely the nature and extent of his instructions that Geeks On Call perform ’seven level wipes’ on his OSC computers as well as the two OSC-issued computers of two non-career OSC staff members in December of 2006,” as a DOJ press release put it last spring."
As a federal whistleblower seeking protection from retaliation, I filed 2 confidential complaints with OSC during Bloch's time. My complaints included whistleblowing on numerous nonprofit agencies defrauding the federal government by submitting false reports for phantom homeless shelter programs, operating in prohibition of state licensure laws placing runaway and homeless children at risk of child molestation and failing to comply with RHY Act law. Bloch's office gave the confidential reports to management at the Dept. of Health and Human Services.
OSC then stood idly by while HHS management continued the retaliation against in earnest. HHS puppet management also barred me from speaking to members of Congress, high up officials at HHS and the press. Bloch's office refused to assist me with a stay from prohibited personnel actions under 5 U.S.C. 2302. All the while vulnerable homeless children were victims of sex trafficking and drug overdoses that I fought to protect. 

Unlike Bloch, I refused to be complicate in criminal activity including conspiracy to defraud the federal and state tax payers.

Mr. Bloch you deserve far more than one month in jail.  You deserve years. 

New York Post article on how to deter whistleblowing...if Lincoln were alive!

If President Abraham Lincoln were alive today, I think he'd be shocked by how his attempt to raise the moral consciousness of the nation has been turned into a way for a few to become rich while the general population suffers and pays for the greed of the few.  The False Claims Act of 1863, was designed to stop corruption.  It provides a way for the whistleblower to receive compensation for reporting the wrongdoing.   

"Claims under the law have been filed by persons with insider knowledge of false claims that have typically involved health care, military, or other government spending programs. The government has recovered nearly $22 billion under the False Claims Act between 1987 (after the significant 1986 amendments) and 2008."

See Wikipedia, http://en.wikipedia.org/wiki/False_Claims_Act

However, very few people will receive any compensation for reporting wrongdoing.  Today's New York Post article discusses how to blow the whistle.  http://www.nypost.com/p/news/business/jobs/telling_tales_mFyTtQpfqrHMVmJk0T9kcN/0

Problem is...the advice may stop people from performing their duty and reporting wrongdoing to authorities.

I have great respect for Tom Devine, GAP. However, Mr. Devine seems to be telling potential whistleblowers that they risk everything should they decide to do the right thing.  But isn't that the problem?  Why should anyone trying to do the right thing to prevent harm to others have to worry about being harmed?
Whistleblowers are legally protected from retaliation.  If a whistleblower does not report wrongdoing because they know noble whistleblowers were harmed for reporting, then what is the purpose of any legislation to protect whistleblowers? Taken a step further...what is the purpose of any law if cannot be exercised and it won't be enforced?  This is a public policy issue destroying this country because if no one stands up against corruption, we all fall down.
Ethical, hard working employees should never have to balance their livelihood against corruption in order to prevent fraud, waste, mismanagement, abuse of authority, or any specific danger to public health and safety. Reporting wrongdoing is required in many professions. That includes the legal arena and legal representatives should be held accountable for advising their clients to kill the messenger.
Perhaps if more corporate and government attorneys refused to go along with retaliation against whistleblowers and didn't advise their clients on ways to destroy a whistleblower, the legal landscape would change, forever.
Reminder; The False Claims Act encated by President Lincoln was during a time of moral crisis similar to what is happening in this country today.  If no one ever stepped forward to change the status quo, we'd all be whistling dixie.

Monday, March 21, 2011

When the federal government fails, enter the State of California to do the right thing!

Additional article on Bloomberg. Whistleblowing with HHS covering up the problems.

"The lawsuit is the largest health-insurance fraud case pursued by a California agency, Jones said. (California Insurance Commissioner Dave Jones).

California insurance companies spent $3.5 billion to cover the costs of the drugs involved in the lawsuit, according to the commissioner. The lawsuit seeks $10,000 for each fraudulent insurance claim caused by the alleged kickbacks, disgorgement of illegal profits, and triple the amount of damages.


“This sort of fraud has long plagued our health-insurance system, leading to billions of dollars annually in added health- care costs nationally,” Jones said today in a statement."


http://www.bloomberg.com/news/2011-03-18/bristol-myers-bribed-doctors-in-drug-scheme-california-commissioner-says.html

Whistleblower lawsuit shows the Dept. of Health and Human Services does not protect tax payer interest for Medicare/Medicaid.

This article form the LA Times illustrates the inherent problems of HHS not protecting tax payer interest and whistleblowers.

http://articles.latimes.com/2011/mar/19/business/la-fi-drug-kickbacks-20110319

A sealed or secret "corporate integrity" agreement between HHS and Bristol-Myers hides the violations of law and the truth from the American tax payer. A $515 million dollar settlement may very well show HHS took no real action. Meanwhile, the US tax payer is not protected.
"The California lawsuit was originally filed in March 2007 by Michael Wilson, a former Bristol-Myers employee. It was sealed until last week when a judge granted a request by the state Department of Insurance — which joined the suit — to make it public.
The case is the latest major legal action against Bristol-Myers over fraud accusations. In 2007, it paid $515 million to settle allegations by the federal government and other states that it used a kickback scheme to defraud the Medicare and Medicaid insurance programs.
As part of the settlement, Bristol-Myers entered into a "corporate integrity" agreement with the U.S. Department of Health and Human Services that required it to report accurate sales and manufacturing prices for drugs covered by government insurance programs."

Wednesday, March 2, 2011

CNBC announces show for whistleblowers. The new bounty hunters.

http://www.cnbc.com/id/41255865

This is an exceptional time for whistleblowers to speak the truth to power.  Billions of dollars of tax payer money is wasted due to fraud, abuse, mismanagement and corruption.  Finally, the Dodd-Frank law will allow whistleblowers revealing corporate fraud to collect up to 30 percent of the amount recovered by the government. 

Quoting a CNBC article, Using Greed---and Lots of Cash---to Fight Greed..."But in 2010, there were 573 of the cases, known as “qui tam” in legal jargon, generating $2.3 billion in settlements. And the government paid out more than $385 million to the whistleblowers involved."

There is an open forum for whistleblowers to reveal wrongdoing.  We are all ears!  For help, AskEvy.   

WHISTLEBLOWER ADVOCACY GROUP AND ASK EVY.

askevy.com is now part of the Whistleblower Advocacy Group.