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?

Tuesday, March 22, 2011

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.

No comments:

Post a Comment