Douglas Durand was the vice president of sales at TAP Pharmaceuticals who blew the whistle on the company for conspiring with doctors to overcharge Medicare. As a whistleblower, Durand faced threats but had 500 boxes of evidence that the company was illegally overcharging the government program. While whistleblowing keeps companies honest, it can also be a means of extortion and negatively impact a whistleblower's future career prospects. The Whistleblowers Protection Act of 2014 aims to protect whistleblowers in India from retaliation for exposing wrongdoing.
2. Whistleblowers:-
The Term whistle blowing can be defined as raising a concern
about a wrong doing within an organization.
Who is a Whistleblower?
He / She is a person who exposes misconduct , dishonest or
illegal activity occurring in the organization.
3 December 2018
2
4. Types of whistleblowers
3 December 2018
4
Internal:- It is blowing the whistle inside the organization.
For example:-designated office workers or bosses in the same
organization.
External:- blowing the whistle to law enforcement agencies
or to teams worried with the matters.
For example:- Lawyers, mass media, law enforcement,
problem identification whether the whistle blowers.
5. PROS AND CONS OF WHISTLEBLOWING
3 December 2018
5
PROS:-
Whistleblowers keep companies honest . It is a strong
means to determine companies wrong doings. In fact, if we
had more whistleblowers there may not have been the
economic crisis caused by all sorts of bad behavior in the
banking and lending sector.
CONS:-
At times it could become absolute a form of extortion. In the
case ,it looks like Durand did not do his homework and
addresses his concerns appropriately. 30%of the fine is a
little high.
6. WHISTLEBLOWERS PROTECTION ACT
3 December 2018
6
•In 2003, the law commission of India recommended the
adoption of the public interest disclosure (Protection of
informers) Act ,2002.
•The Public Interest Disclosure and Protection of persons
making the Disclosures bill, 2010 was renamed as the
whistleblowers protection bill , 2011 by the standing
committee on Personnel, Public Grievances ,Law and Justice.
•The whistleblowers ‘protection bill’ , 2011was passed by the
Lok Sabha on 28 December 2011.
7. 3 December 20187
•The Whistleblowers Protection Act, 2014 was passed in
Parliament on February 21, 2014.
• After the Bill was passed by Lok Sabha, certain
amendments were circulated in Rajya Sabha on August 5,
2013.
• However, these changes were not incorporated in the Bill
when it was passed by rajya Sabha in 2014.
• The Whistleblowers Protection (Amendment) Bill, 2015
was introduced in Lok Sabha on May 11, 2015.
Continued…………
9. CASE STUDY ON WHISTLEBLOWERS
3 December 2018
9
•TAP Pharmaceuticals
American Pharmaceutical company headquartered in lake
forest , IL(Illinois). It was a joint venture formed in 1977
between Abbott Laboratories and the Japanese
pharmaceutical company Takeda.
•President & CEO
Yasuchika Hasegawa
10. Who is Douglas Durand?
3 December 2018
10
•Douglas Durand is a paragon of a
corporate whistleblowers. Shortly after
stepping in as Vice President of sales at
TAP Pharmaceutical products in early
1995 , he began to suspect the company
was conspiring with doctors to
overcharge the U.S. government’s
Medicare program by tens of millions of
dollars.
11. SWOT Analysis on whistleblower
3 December 2018
11
S- He was a ethical and robust person who
had the confidence to rise voice against
unethical and wrong activities in the
company.
W- He perceived the things so quickly and
took action on it, he also became greedy for
money.
O- He had the opportunity to stop the
company from involving in unethical or
illegal activity and get a big amount of
money.
T- He will never be appointed by any other
company in future.
12. CONCLUSION
3 December 2018
12
• In case of Douglas Durand former VP of sales for TAP, it
was his good ethics and intuition to correct the
wrongdoing of the organization while using the precise
process of decision- making and to chose to go through the
court system to punish the company for what they have
been doing illegally .The reasoning is that having
informants report on company wrongdoings is the best
way to prevent illegal activity. The reason was for his
innocence is there were 500 boxes of evidence and the
case settled. In addition , it cost TAP over 1 billion dollars
of legal fees to clear them of all wrongdoing.
13. Question-Answer
3 December 2018
13
Q.1) Do you believe that whistle –
blowing is good for organization and its
members, or is it , as David Stetler
believes, often a means to extort large
financial gains from companies?
Q.2) How might the self –fulfilling
prophecy affect a whistle-blower’s
search for incriminating evidence
against a company?