1. Medical Whistleblower
July 2007
Volume 2 Issue 7
Medical Whistleblower’s
Canary Notes
Inside this issue:
White Collar Crime Investigations
Consensual Monitoring 2
While the true extent and cost of white-collar
The U.S. Attorney 2
Makes the Decision
crime is unknown, it is estimated by the FBI to
cost the United States more than $300 billion an-
Sensitive Circumstances 3 nually and accounts for approximately 3.8 percent
of incidents reported. Most white-collar offenders
are distinguished by lives of privilege. It is esti-
Informants are 4 mated that a great deal of white collar crime is un-
Important detected or, if detected, it is not reported, because
white-collar crimes are committed by those with
opportunities that do not require violence. By virtue of their relative affluence, those
accused as white-collar offenders are able to afford the fees of the best lawyers, and
may have friends among senior ranks of the political elite, the judiciary and the law
enforcement agencies. These connections often not only ensure favorable treatment
on an individual basis, but also affect legislation and the allocation of resources and
thus ensure that such crimes are not defined or enforced too strictly. Many of these
crimes are only possible because of the identity of the offender. For example trans-
FBI
national money laundering requires the participation of senior banking officials. Or-
ganizational or corporate crime occurs when corporate executives commit criminal
White Collar Crime Forecast acts to benefit their company by the manipulation of accountancy or inventory re-
cords, overcharging, price fixing, or false advertising, etc. Because the crime is tech-
“ Health care fraud is nical in nature, the identification of a victim is less obvious. The issue of reporting is
expected to increase complicated by a culture of commercial confidentiality to protect shareholder value.
dramatically over the Because the negotiation of agreements between a state and a corporation will be at
next decade as the a relatively senior level on both sides, this is almost exclusively a white-collar
aging of the U.S.
"situation" which offers the opportunity for crime.
population drives There are three different levels of a white collar crime investigation. The first is the
increases in private checking of leads after receipt of initial information that a follow up regarding possible
health care and criminal activity is warranted. This is followed by preliminary inquiries and then if
Medicare spending.” necessary full investigations. General crimes investigations may be opened where
facts or circumstances reasonably indicate that a federal crime has been, is being, or
will be committed. Under the General Crimes Guidelines, the FBI can use any lawful
techniques in a preliminary inquiry, even if “intrusive,” where “the intrusiveness is
warranted in light of the seriousness of the possible crime or the strength of the infor-
mation indicating its existence or future commission.”
The second type of full investigation defined by the General Crimes Guidelines is a
criminal intelligence investigation. The focus of criminal intelligence investigations is
on a group or enterprise. The focus of these criminal intelligence investigations is to
obtain information about the nature and structure of an enterprise – including its
membership, finances, geographical dimensions, past and future activities, and
goals. The purpose of collecting this information is to detect and prevent the enter-
prise’s ongoing criminal activities and prosecuting those responsible for them. There
are two types of criminal intelligence investigations: racketeering enterprise investi-
gations (REIs) and terrorism enterprise investigations (TEIs).

2. Page 2 Medical Whistleblower’s Canary Notes Volume 2 Issue 7
White Collar Crime Offenses Consensual Monitoring
Academic crime Fraud Consensual monitoring is the interception by an electronic device of any wire,
Adulterated food, drugs, or cosmet‐ oral, or electronic communication where one of the parties to the communica-
ics
Anti‐trust violations
tion has given prior consent to the monitoring or recording. A warrant is not
ATM fraud required to conduct consensual monitoring, and the party providing consent
Bribery may be a government agent. See 18 U.S.C. § 2511, (2) (c) – (e) (2002).
Check kiting Fraud, Electronic surveillance can include the use of body recorders and transmitting
Counterfeiting/Forgery
Combinations in restraint in trade
devices. Other techniques include dialed number recorders, “trap and trace”
Computer crime devices, and wiretaps. Dialed number recorders, sometimes called “pen reg-
Confidence game Fraud isters,” are used to capture electronic impulses generated by a telephone
Contract Fraud, Kickback Bribery line. The data includes call information such as the telephone numbers di-
Corrupt conduct by juror Bribery
Counterfeiting/Forgery
aled, date and time of the activity, and often also possibly caller-ID, call for-
Defense contract fraud warding, conference calls, and call waiting. A “trap and trace” device records
Ecology law violations the originating phone numbers of all incoming calls on a particular phone line.
Election law violations A wiretap can be obtained consensually or through a warrant or court order.
Embezzlement
Employment agency,
A wiretap is the interception of oral, wire, and electronic communications.
Education scams When obtained by a warrant or court order a wire tap is commonly referred to
Environmental law violations as a “Title III” (Title III of the Omnibus Crime Control and Safe Streets Act, 18
False advertising USC §§ 2510-2522).
Product misrepresentation
US Attorney Makes the Decision to Investigate
False & fraudulent actions on loans
False pretenses Fraud
False report/statement Fraud
Forgery Counterfeiting
Fraudulent checks
Health and safety laws
Health care providers fraud The U.S. Attorney reviews any proposal for
Home improvement frauds undercover investigation into white collar
Impersonation Fraud
Influence peddling Bribery
crime and makes the decision that the pro-
Insider trading Fraud posed investigation is legal and the use of
Insufficient funds Insurance investigation techniques will have potential
Investment scams
Jury tampering Bribery benefits in detecting, preventing, or prose-
Land sale frauds cuting criminal activity that outweighs any
Mail fraud
Managerial fraud
direct costs or risks of other harm. The U.S.
Misappropriation Embezzlement Attorney will:
Monopoly in restraint in trade
Ponzi schemes Fraud
Procurement fraud
Racketeering Influenced & Corrupt
1. Review the proposed operation, including any sensitive circumstances rea-
Organizations (RICO) sonably expected to occur;
Religious fraud
Sports bribery Sports Tampering 2. Agrees with the proposal and its legality;
Strategic bankruptcy Fraud
Swindle Fraud
Subornation of perjury 3. Finds that the proposed investigation would be an appropriate use
Tax law violations of the undercover technique;
Travel scams Fraud
Telemarketing Fraud
Telephone fraud
4. Believes that the potential benefits in detecting, preventing, or
Welfare fraud prosecuting criminal activity outweigh any direct costs or risks of
Wire fraud other harm;
5. Will prosecute any meritorious case that is developed.

3. Medical Whistleblower’s Canary Notes Volume 2 Issue 7 Page 3
What are sensitive circumstances?
Caution in the investigation is absolutely necessary because if the upper
management of the governmental agency, Hospital or University involved
becomes aware of the investigation, the result may be a leak to the
friends and colleagues of the corrupt official. This will result in an opportu-
nity for the white collar criminals to use covert coercion to threaten wit-
nesses, destroy evidence and cover their tracts. Whenever a Medical
Whistleblower raises concerns about the ethical conduct of a Hospital
Board of Directors, a State Medical Board, or any governmental official,
the investigating FBI agent is required to bring this “sensitive criminal mat-
ter” to the attention of the Special Agent in Charge (SAC) and the U.S. At-
torney.
These are the “special circumstances” given consideration by the FBI and
the U.S. Attorney’s Office:
1) Investigations of possible criminal conduct by any elected or
appointed official, or political candidate for a judicial, legislative, manage-
ment, or executive-level position of trust in a federal, state,
or local governmental entity or political subdivision thereof. A Racketeering
2) Investigations of any public official at the federal, state, or local Enterprise
level in any matter involving systemic corruption of any governmental
Investigation -
function.
3) Investigations of possible criminal conduct by any foreign official or
government, religious organization, political organization, or the Initiated when facts
news media. or circumstances
reasonably indicate
4) Engaging in activity having a significant effect on or constituting a that two or more
significant intrusion into the legitimate operation of a federal, state, persons are en-
or local governmental entity. gaged in a pattern
of racketeering ac-
5) Establishing, acquiring, or operating a proprietary business. tivity as defined in
the Racketeer Influ-
6) Providing goods or services that are essential to the commission of enced and Corrupt
a crime and that are reasonably unavailable to a subject of the Organizations
investigation except from the government. (RICO) statute, 18
U.S.C. § 1961(5).
7) Activity by an undercover employee that is proscribed by federal,
state, or local law as a felony or that is otherwise a serious crime. Id. § III.A.2.a.
9) Activities involving a request to an attorney, physician, member of
the clergy, or other persons for information that would ordinarily
be privileged, or to a member of the news media concerning an
individual with whom the news media is known to have a
professional or confidential relationship.

4. Medical Whistleblower
The information contained through the Medical Whistle-
blower Canary Notes Newsletter is provided for general
information only. The information provided by the Medial
Dr. Janet Parker Whistleblower Canary Notes does not constitute legal or
P.O. Box C professional advice nor is it conveyed or intended to be con-
Lawrence, KS 66044 veyed in the course of any adviser-client discourse, but is
intended to be general information with respect to common
Phone: 360-809-3058 issues. It is not offered as and does not constitute legal or
Fax: None
medical advice or opinion. It should not serve as a substitute
E-mail: MedicalWhislteblower@gmail.com
for advice from an attorney, qualified medical professional,
social worker, therapist or counselor familiar with the facts
Supporting the Emotional Health of All Whistleblowers
and their Friends, Supporters and Families.
of your specific situation. We encourage you in due diligence
to seek additional information and resources before making
any decision. We make no warranty, express or implied,
concerning the accuracy or reliability of the content of this
newsletter due to the constantly changing nature of the legal
and medical aspects of these issues .
Informants are Important
The informant is the most effective tool in law enforcement today – state,
local, or federal. Informants can be responsible citizens who report sus-
pected criminal activities without any hope of return. In the middle of the
spectrum of informants are those who live in the midst of the criminal un-
Brown v. Nationsbank derworld and inform largely for cash. Still other informants are persons
Corp., 188 F.3d 579 who are charged with serious crimes and cooperate with law enforcement
(5th Cir. 1999) officials in return for the hope or promise of leniency.
An FBI undercover FBI Director Mueller stated:
operation can adversely
affect third parties and thus “Human sources are vitally important to our success against terrorists and
criminals. They often give us critical intelligence and information we could
create a claim under Bivens,
not obtain in other ways, opening a window into our adversaries’ plans and
alleging violation of the
capabilities. Human sources can mean the difference between the FBI
Federal Tort Claims Act and preventing an act of terrorism or crime, or reacting to an incident after the
malicious prosecution, as fact.”
well as Bivens claims against
the FBI agents for due Assets - persons who as sources assist the FBI in international terrorism,
process and Fifth foreign intelligence, or foreign counterintelligence investigations.
Amendment violations. In
this case the Court Sources of Information –persons who provide information to a law en-
expressed its disapproval for forcement agency only as a result of legitimate routine access to informa-
what it perceived as the tion or records. A source does not collect information by means of crimi-
FBI’s insensitivity to the nal association with the subjects of an investigation. Sources of Informa-
interests of innocent tion only collect information in a manner consistent with applicable law.
bystanders to the
undercover operation. Confidential informants - are often uniquely situated to assist in sensitive
investigations. CI’s may be recruited by the Federal Agent because of
their access and status. It is possible that they may be involved in criminal
activities or enterprises themselves (although not always). Since they will
not testify in court, they usually can preserve their anonymity.