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

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/

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.

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."

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.