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Herve Falciani Whistleblower
In the article written by Martha Hamilton, Herve Falciani was a bank computer expert who became a wanted man when he exposed HSBC bank in
Sweden. He claimed it was done to expose unethical behavior however, the bank claimed he was a disloyal employee who exposed the bank's
practices for personal gains. This paper will define key concepts, rationalize arguments for and against, give a final position on the actions of Mr.
Falciani.
Two main terms that will be encountered are whistleblower and loyal employee agent argument. According to (Boatwright, 2012) whistleblowing "is
the release of information by a former member or member of an organization". This means that for whistleblowing to occur there must be a correlation
between the blower and the establishment in which the blower sees the company's methods or practices ... Show more content on Helpwriting.net ...
Falciani was a trusted employee of the bank. He was also responsible for the positive changes the previous branch of HSBC encountered. He was sent
to Sweden to implement similar changes in this branch however, his changes was met with much resilience from the employees in the branch. He
uncovered unethical practices being conducted as part of the bank's practice. It can be noted that Mr. Falciani said he alerted bank officials about the
problem however, nothing was done about it.
Further investigation of this article, showed HSBC bank had measures in place to report whistleblowing there were two means. First, chat with line
management or report to the whistleblowing hotline. Additionally, HSBC had a lot of confidential information which its clients were assured
confidentiality. Mr. Falciani downloaded this information that he had privilege to. This shows personal interest in the information gathered. The
information exposed endangered the lives of many persons and the public. This is because it caused the government to pursue persons who were trying
to get away from paying exorbitant
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Whistleblower Ethical Dilemmas
1.0 Introduction
According to (Williams, 2015), a moral dilemma is a conflict in which a person have to choose between two or more actions and have moral reasons
for choosing each action. A whistleblower can be anyone who has and can report insider knowledge of illegal activities that are happening in an
organization. Therefore we can also say that whistleblowers can be supplier, client, contractor or an employee who somehow becomes aware of illegal
activities that are happening in a business either through being told about it or witnessing the behavior. The alleged information of wrongdoing can be
grouped in many ways, law, regulation, violation of company policy/rules, fraud, corruption as well as threat to public interest/national security
(Vandekerckhove, 2006).
2.0 Types of Whistleblowers in School and in the Work Place
2.1 Internal Whistleblower
In most cases whistleblowers are internal whistleblowers, which report on misconduct that happen within the company done by fellow employee or
superior. Interesting questions with respect to internal whistleblowers is, under what circumstances a person will act on to spot and to stop illegal,
unacceptable behavior and report it. If there are complaint systems within the organization that offer not just option to dedicated through plan and
control organization but option for absolute confidentiality then people will find a reason to take action with respect to unacceptable behavior within
an organization (Rowe and Hall,
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The Pros And Cons Of Tobacco
On January 11, 1964, the United States Surgeon General Luther L. Terry endorsed the research findings of American pathologists that tobacco is an
addictive substance ("50 Years of Tobacco Control"). Subsequently, Terry confirmed that nicotine contains addictive and harmful chemicals, and that
continuous usage may lead to lung cancer, coronary heart disease, emphysema and bronchitis in users of the delivery devices, like cigarettes ("50
Years ofTobacco Control"). Moreover, this endorsement dominated newspaper headlines and television newscasts across the United States, resulting in
television and radio abandoning cigarette advertisements in 1970. Nevertheless, today, more than 45 million Americans continue to smoke, more
than 8 million are living with smoking related health issues, and approximately 500,000 Americans die prematurely each year as a result of tobacco
use ("50 Years of Tobacco Control"). However, fast forward over three decades later, Chief Executive Officers (CEO) from one of the top tobacco
corporations in the United States testified under oath before a congressional subcommittee "nicotine is not addictive" ("50 Years of Tobacco Control").
On February 4, 1996, Dr. Jeff Wigand, became nationally known as awhistleblower after revealing on the news show "60 Minutes" that the tobacco
company that he worked for, Brown & Williamson, not only knew that nicotine was addictive, but manipulated its tobacco properties with other
chemicals to enhance it's
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Whistleblower And Watergate Scandal
A "whistleblower" is the one who informs against another. The term likely brings to mind famous cases surrounding highly publicized criminal acts,
such as Sherron Watkins exposing Enron's fraudulent stock inflation or even "Deep Throat" revealing details that brought to light the Watergate
scandal. These are major cases involving elaborate trials and major media attention, but that's not how everyday whistleblowing occurs. Although the
wrongdoing taking place in various workplaces, agencies, government, and organizations may not constitute large–scale criminal acts, they still pose
significant challenges to the potential whistleblower who may feel a moral obligation to report what he or she has witnessed. How often does
wrongdoing ... Show more content on Helpwriting.net ...
For instance, reporting a coworker may undermine the trust of other coworkers, destroy friendships, and posing a risk to professional standing.
Uncertainty about procedures and protections also lurks with whistleblowing but is an area that employers can address. A whistleblowing
procedure should be part of an agency's written policies and should include a clear description of employee protections, the steps one takes to report
a concern, and even what constitutes a reasonable concern. The fear of retaliation also is a barrier. Fear of firing or retribution is a major concern and
probably stops a lot of social workers, especially when the concern involves a supervisor or agency
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Assignment 1 Whistleblowing and Sarbanes Oxley Due Essay
Whistleblowing and Sarbanes–Oxley Due
Artize L. Johnson
Professor: Steve Harris
LEG 500
Law, Ethics, & Corporate Governance
26 April 2015
According to Halbert, Ingulli, & Frey (2015), whistleblowers are people who decide to report unethical or illegal activities, usually activities under the
control of their employers. They may be working for private companies, nonprofit organizations, or for the government. Awhistleblower is an
individual working in an organization who decides to expose the misconduct, misbehavior, or illegal actions occurring in that organization. Making the
decision to expose these actions can be very difficult to disclose with the fear of repercussion. The information being disclosed to ... Show more content
on Helpwriting.net ...
Employers will threaten to fire or suspend a whistleblower, being able to combat retaliation will help in this fight.
J.P. Morgan Chase & Co. is a publicly traded company that has been in the news for whistleblowing in the last 12 months. In March of 2014, the
New York Federal Court awarded Keith Edwards, a former employee of J.P. Morgan, $64 million dollars for his part in the Whistleblowing of a case
that defrauded the U.S. government. J.P. Morgan Chase & Co., were submitting false claims to U.S. government to insure flawed home loans (Stempel,
2014). For more than a decade, JP Morgan Chase & Co. submitted thousands of mortgages for insurance by the Federal Housing Administration or the
Department of Veterans Affairs that did not qualify for government guarantees. J.P. Morgan admitted to failing to report to agencies that their internal
reviews revealed problems also.
During the year 2003 through 2008 Keith Edwards was the Assistant Vice President of a government–insuring unit with J.P. Morgan. During his tenure,
Mr. Edwards believed that Wall Street and his own company J.P. Morgan Chase & Co. were being deceitful in their actions. Mr. Edwards wanted to
show that companies involved in deceitful action should be held accountable for their actions, he became known as a whistleblower for his actions. In
2008 J.P. Morgan fired Keith Edward for action in exposing their organization. As the result of Mr. Edwards exposing the
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Sympathy For The Whistleblower
Sympathy for Kathy In the novel and film "The Whistleblower" the authors and directors did great jobs making you really connect with characters
and sympathize with more than one of them. It was a story that really made you feel an emotional rollercoaster, at least with me there was anger,
sadness, frustration, confusion and more. At the same time as there were negative feelings there were the feelings of hope and cheering for certain
characters. No matter what was going on I almost always felt some sort of compassion, sympathy, empathy and apprehension. The authors and directors
did a good job of making you feel mainly sympathetic in the entire film/novel. Specifically I was constantly had the feeling of sympathy with the lead
character Kathy... Show more content on Helpwriting.net ...
She was one woman in a country that was foreign to her and when it all got down to it it was really her against hundreds of men. These men
weren't going to let her waltz in and take their jobs and manhood and whatnot. When she was getting the threatening messages and Hynes was
saying very strange things to her in their meeting I was shaken up for her. In the meeting with Hynes was when it was realized that all the
international workers had a safety net, everything they did they got away with a slap on the wrist. This is when Kathy realized that she was in
something bigger than herself but she was still doing it solo. Bolkovac made a bold move and sent out that mass email basically saying that no
matter what she wasn't backing down and the greatest part of that email was "It is time we realize this is serious organized crime, making huge
amounts of money in this country" (131). Kathy Bolkovac was defeated time and time again but that never stopped her. All she wanted was
justice for those poor girls that were being trafficked and the men and the corrupt government were doing everything to make sure she didn't get
that. When they took her job and told her she had to leave immediately that was the one time I felt defeated as well for Kathy. She was at her
breaking point and at that point I had thought it was all over. Thankfully she still did have a couple people on her side and routing for her because
that made her succeed in letting the world know what was really going on and who the problem people really were. It was mentioned earlier but
coming back to the idea of the emotional rollercoaster it was really hard to not be cheering for Kathy in those times that she was being shut down time
and time again. But when those times came that she was absolutely dominating and not letting anyone step in her way was a sigh of relief for at least a
little bit. But when it came
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Whistleblowers Should Be Greater Protected
Whistleblowing in the US has long been a controversial topic for many. Whistleblowers are people who work either as outsiders, like journalists, or
insiders who uncover secrets from the inside of a corporation– who expose wrongdoings and secrets in the government or businesses. Being a
whistleblower is risky business; reputations are put on the line and they commonly face legal trouble. While in the last century Congress has done
more to protect these whistleblowers, many people are still on edge about the practice of whistleblowing and protecting it under laws. A big debate
that has come to play is whether whistleblowers should be greater protected, or if they should be prosecuted by the law. Whistleblowing has in many
instances been extremely helpful to US citizens, and here's why it should be fully protected by the government. First off, whistleblowers are by
definition someone who informs on an organization involved in illicit behavior– illicit meaning forbidden by law. In Gale's Opposing... Show more
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Before all of these events, the 1912 Lloyd–LaFollette Act was already in place–which allowed employees to give that type of secret information to
Congress. But when these more modern whistleblowers were constantly exposing information to the public, rather than just the Congress, more
effective protection was called for. The Whistleblower Protection Act of 1997 protected them for all exposure and even prohibited retaliation. But the
biggest achievements for whistleblowers were made by the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010, which required
rewards for successful whistleblowers along with protection. With whistleblowers constantly risking their own lives and reputation to keep the public
informed, it was finally time for them to get the thanks they deserved instead of
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NYPD Whistleblower Retaliation – Detective Labeled A Rat...
In 2005 NYPD Detective, first grade, James E. Griffith called internal affairs to report he was being pressured by a fellow officer to lie and take the
blame during an internal inquiry for the mishandling of a homicide investigation by his unit (Goldstein, 2012). Another detective and union official
claimed in his deposition that Griffin was a rat because he went to internal affairs instead of the union (Marzulli, 2013). According to theUnited States
District Court Eastern District of New York's memorandum of decision the retaliation was immediate, included adverse personnel actions and continued
though out his career in different units until Detective Griffith was effectively forced to retire due to the harassment in 2009 (James Griffin... Show
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"...while few indulge themselves in outright evil and fewer still in righteousness, people are evidently influenced by authority, by apathy, by
thoughtlessness, and by their environment (Geuras & Garofalo, 2011, p. 112).The immediate supervisors at every post Griffith was assigned or
escaped to participated in the retribution by instigating and allowing the personal slurs, destruction of property, the withholding or denial of benefits,
and the refusal of other officers to work with Griffith diminishing his ability to do his job. The very division Griffith went to in the first place, internal
affairs, was unable or unwilling to step in and hold anybody accountable for this behavior which created a hostile working environment and promoted a
universal unethical culture.
In this instance, Griffith would not be sheltered from retaliation under the traditional state and federal whistleblower laws. Federal laws generally protect
those that disclose fraud against the government and state law NY Code 740 covers private sector and only when the complaint has been brought to
the supervisor first. In the complaint against the State of New York et al the District Court ruled that Griffith's first amendment rights and first
amendment retaliation claims would not be summarily dismissed.
For four years, NYPD Detective first grade, James Griffith was ridiculed, belittled deprived of benefits and generally persecuted for disclosing
unethical and possibly illegal conduct to internal
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Key Characteristics Of The Sarbanes-Oxley Act
Introduction
In this paper, I will cover the characteristics of a whistleblower provide an example of one and cover how the Sarbanes–Oxley Act would be used in
this particular event.
Describe the Key Characteristic of a Whistleblower
Generally, whistleblowers are employees of a company that has stumbled upon an unethical situation that their company has done or is doing. They do
not want to cause any harm to the company instead they feel that it's their morals and dedication to the company to report these issues to management.
But when their reports are not taken seriously and people can be at risk or injured then they have to make the decision whether to report the illegal
situation to the authorities and or to the public. According to ... Show more content on Helpwriting.net ...
The Act provides legal remedies for wrongfully discharged from employment. The Act requires all publicly traded companies to have an internal and
independent audit committee. The company has to establish policies for employees to be able to file an internal whistleblower complaint which the
policies would protect those employee identities. The Act also requires ethical standards for attorneys who works with the Securities and Exchange
Commission (SEC). Also, the Act provides criminalized retaliation against whistleblowers who provide truthful information to law enforcement and
lastly the fourth part provides an enforcement provision which states any person that violates this Act will be treated as a violation of the Securities
Exchange Act of
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Whistleblowing Essay
Assignment 1: Whistleblowing and Sarbanes–Oxley
LEG500030VA016–11 (Law, Ethics & Corporate Governance
Professor Timothy Griffin
Strayer University
Jan Jones July 19, 2015
Describe the key characteristics of a whistleblower, and briefly summarize one (1) researched instance of whistleblowing in one (1) publicly traded
company within the last 12 months. Include the details of the issue that the whistleblower reported and the effect of the whistleblower's actions on both
the whistleblower himself and the company.
A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, dishonest, or not correct within an organization that
is either private or public. The information of alleged ... Show more content on Helpwriting.net ...
Even though SEC didn't have to issue an award in the first case, Mike Delikat, a partner at Orrick Herrington & Sutcliffe and chair of the firm's
whistleblowing task force, thinks it may have done so to send a message to companies that they need to take seriously the credible complaints of
wrongdoing they receive from their workers. He said SEC has been criticized for advocating that employees can come to the agency first with
information, even if their companies mandate they report internally. This award is "like a demonstration that folks still are reporting internally but
companies aren't doing anything about it so we have to step in and whack those companies that don't do anything," said Mr. Delikat. "That is my
speculation."
L–3 responded exactly the way a publicly traded company is required to by Sarbanes–Oxley and Dodd–Frank, sending the proper signal to
whistleblowers that information about fraud is welcome and will be acted upon, even if the results lead to short–term negative consequences for the
business.
Whistleblowing cases reported to the Financial Conduct Authority (FCA) have increased by 35 per cent in the past 12 months, according to new
information obtained under the Freedom of Information Act by Kroll, the global investigations firm. The Securities and Exchange Commission (SEC)
made payouts
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Highly Publicized Whistleblower
A whistleblower is described as a person who reports serious misconducts and threats to the public. The key characteristics of a whistleblower include
but are not limited to the ones listed below: (1) unselfishly motivated, (2) a utilitarian–practical, (3) uninterested in changing their professional
behavior, (4) allows their own attitudes and beliefs to guide them and are (5) well educated and hold professional positions within the corporation. A
highly publicized whistleblowing incident is the one about General Motors and their faulty ignition switches on their vehicles. This has has caused
General Motors to recall 8.2 million vehicles as of July 1, 2014. The recall affects Chevrolet, Cadillac, Pontiac, Oldsmobile and Buick models between
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Application Letter For Student Writing Essay
1 Hi, Julie! Thank you for sharing your (and your group members?) work with me today? I?m looking forward to reviewing it. Thanks too for your
note in the appointment form! I?ll be glad to help you work on cohesiveness and clarity of ideas today. I want to share a few things about what you
can expect from my review before you read through my comments on your work. First of all, I strive to make my comments as universally
applicable as possible?while I?ll be giving feedback that is specific to this document, I hope you will find my comments helpful in future writing
projects as well. Secondly, I aim to respond to student writing first and foremost as a reader, highlighting places where I think you can strengthen
the clarity of your document so that you can best communicate your ideas. This means that I will focus the 30 minutes I have with your draft on
the things I think are most immediately important, and may not comment on every instance of error I notice (for this reason, it?s always a good
idea to go through and proofread your work yourself, even if you have the writing center review it!). And finally, please don?t let the number of
comments in the draft alarm you. Even if it looks like I?ve given you a lot of feedback, that doesn?t mean your writing is bad! In fact, it is more
likely to indicate that you have the potential to write something really strong. ( Of course, though, if you have questions about my feedback, you
should always feel free to reach out to me. I
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The Company 's Code Of Conduct
Based on the audit report, the Ethics Committee should agree that both Arun and Smita are violating the company's code of conduct. Then, the
company should take actions to deliver the decision to related people. For example, if the decision of the Ethics Committee is to terminate both Arun
and Smita, then the committee needs to get the CEO's approval and start the procedure of termination based on the company's code of conduct. First,
the company will send out a formal written announcement to Arun and Smith of the decision made by the Ethics Committee, as well as the reasons
which will be the summary of the audit report. If the company's code of conduct does not state that employees can appeal after receive their punishment,
then Arun and Smith have to leave the company. Of course, they can take legal actions to fight for their rights like sue the Prashanti company . In that
case, the legal department and IA team of Prashanti will have to respond. They can solve the problem through mediation or lawsuit case. On the other
hand, if the company allows employees to appeal, and Arun and Smith chose to appeal. Then the IA team will respond to the appeal and hold a vote
within the company to decided if the company will accept Arun's and Smith's appeal or not. The simple result will be Arun and Smith understand that
they were wrong and accept the decision. Of course, the whole audit, decision–making, and termination process of the Arun and Smith case was
frustrated and
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Should Whistleblowers Be Protected
12/6/14
Should Whistleblowers Be Protected? * Introduction
The corruption rate in a community that does not support or protect reporting illegal activities is significantly high. Employees who work in public or
private organizations are the first to identify wrongdoings in a workplace since they have up–to–date information. Whistleblowing can be an essential
tool to identify and report these actions in the public, private and non–profit sectors. However, by revealing wrongdoings, whistleblowers often take
high personal risks. Lacking strong legal protection might increase the change of facing dismissal, harassment and other forms of retaliation ("
Whistleblower protection", 2012).
Whistleblower protection is vital to motivate ... Show more content on Helpwriting.net ...
* The False Claims Act
During the civil war, the False Claims Act (FCA) was passed to prevent the fraud committed by companies that were selling supplies to the Union
Army. The Act containedqui tam provisions which authorized citizens to speak out against those deceiving companies. The public awareness of the
FCA has been growing since the passage of the 1986 amendments. The number of whistleblowers cases that were filed has grown significantly to more
than 6,000 cases in 2014 (Kusserow, 2014).
The U.S. Department of Justice (DOJ) has reported in 2013 that it has secured about $3.8 billion from civil cases that involve fraud against the
government. More than 70 percent of the recoveries, which translated to $2.9 billion, were from lawsuits filed under the qui tam provision of the law.
This significant amount of recovery was the second largest annual recovery and fourth year in a row which the DOJ has recuperated. Through this
process, over $17 billion has been recovered since January 2009. This number is nearly half of the total amount of money that was recovered since the
Act was amended in 1986. Whistleblowers or the qui tam provisions which permit individuals to blow the whistle was the main cause of the
spectacular amount of recovery (Kusserow, 2014).
When the government succeed in winning the case, the whistleblower receives up to 30 percent of the
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Pros And Cons Of Whistleblowing
Introduction Whistleblowing has always been an important and controversial issue that employers and employees need to understand and stay up to
date with. They need to make sure that they know what it means, what it involves, and what consequences are associated with whistleblowing.
Whistleblowing is defined as, "...an employee of a company or government agency makes a protected disclosure to the public or authority regarding
concerns for wrongdoing" (What is a Whistleblower?, n.d.). In short, a whistleblower is defined as a person who is concerned and discloses and
divulges misbehavior in the workplace. This paper will focus on the pros and cons of being a whistleblower, the ethics behind it, the details of s
specific whistleblowing situation, and reflect on my personal experience regarding whistleblowing.
Pros of being a whistleblower ... Show more content on Helpwriting.net ...
In an article written by Gerald Hanks titled, "Advantages & Disadvantages of Whistle–Blowing," he states that these people who are labeled as
whistleblowers are brave individuals who are willing to speak up when they recognized wrongdoing (2018). These people are willing to jeopardize
their reputation and their careers to correct these unethical misconducts. Another positive benefit that comes with being a whistleblower is that if the
claims are to be proven, they will receive a settlement/recovery. In the article, "Pros and Cons of becoming a Whistleblower," it states that the
whistleblowers are granted an annuity of the recoveries that come from their lawsuit (n.d). These settlements are a way to encourage people to come
forward and report any misconduct they might witness or know about in their workplace. The fact that there are benefits involved with whistleblowing
and an ethical piece of mind makes these "insiders" go through the motions of opening a can of worms and accuse the
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Essay On SEC Whistleblowers
SEC whistleblowers who provide tips about possible unlawful conduct are heroes, although they rarely see themselves that way. Anyone who is
considering alerting the U.S. Securities and Exchange Commission (SEC) about irregularities that involve their employer, colleagues or friends has
probably wrestled with the decision for a while before taking action. People who find the courage to report potential violations should remember that
they are protecting investors who are saving for retirement or their child's college education.
While most individuals working in the financial services industry are familiar with the SEC whistleblower program, few know anyone who actually
submitted a tip to the SEC, since whistleblowers often use an attorney to make an anonymous submission. While the SEC protects whistleblower's
identities, it's possible that a person's employer will figure out where the SEC is getting their information. Being represented by an attorney ensures that
a whistleblower has someone to turn to in case the firm decides to retaliate.
Individuals also choose to submit their information through an SEC whistleblower attorney to ensure that their tip is well–presented and actionable. ...
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Only whistleblowers who furnish information which helps the SEC collect at least $1,000,000 in penalties are eligible for an award, which can range
from 10 to 30 percent of the fines assessed against the company found guilty of securities fraud. There are many factors that the SEC considers when
determining a whistleblower's reward, including the whistleblower's participation in the fraudulent activity. In certain cases, individuals who engaged
in the misconduct may still be eligible for a reward; complicit persons should always consult a highly experienced SEC whistleblower attorney before
giving the SEC their
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Whistleblowers In Law Enforcement
Law enforcement has always been an example to their citizens because of the values that these institutions represent like leadership, integrity,
fairness, team work and service orientation. When one of these values is broken the rest start falling apart and it slowly starts spreading among the
rest of the personnel in the institution until one decides to stand up for what is right. These officers are called "whistleblowers" this term was
created in the early 1970s by US civic activist Ralph Nader, this word was used to avoid the negative terms like "snitches" or "informers" and it makes
reference to a referee who uses its whistle to call out a foul play. Just like some officers who have spoken out on their colleagues actions. Most... Show
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Serpico was just recently transferred to the Narcotics division of the New YorkPolice Department by early 1971. On Feb 3 1971 Frank and two other
officers were working in the Hispanic section of Brooklyn on a drug dealer case, when they got to the suspects apartment Serpico was directed by
the officer behind him to get in the apartment since he knew Spanish and they would take it after that, the officers beside him were with their guns
ready for when he opened the door. By the time Serpico opened the door the suspect pushed it back hitting him in the head and shoulder preventing
him from moving. At the moment the officers beside him did not do anything to stop the suspect while Serpico was disabled which caused
confusion in him, while he looked at one of the officers with disconcert Frank was shot in the face by the suspect, by reflex he shot back injuring
the suspect. Serpico narrated how his backup did not call ambulance or requested assistance they simply just left him there. An old Hispanic man
who lived in the building was the one who called an ambulance, with the ambulance a patrol car came along to follow up on the situation and they
realized he was a narcotics officer they rushed him to the nearest hospital. Serpico stated that while they were driving him to the hospital an officer
said "If I knew it was him, I would have left him there to bleed to death" A real investigation was never conducted in regards to what happened that
day but later on, Frank Serpico testified before the Knapp Commission, This made him the first to testify against a fellow officer and also speak out on
systematic corruption within the
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Whistleblower Protection Act (1989)
WHISTLEBLOWER AND PROTECTION AFFORDED
According to Halbert & Ingulli (2015) a whistleblower is an individual that given information to the employer, law enforcement or agencies about
another individual or business that engage in illegal or unethical practices (p.55). The Whistleblower Protection Act (1989) allows employee to file
complaints against their employer that the employer is retaliating and disclosing inappropriate business activities. John can make a complaint that he is
the Whistleblower because he gave the attorney the internal memo acknowledging illegal activities. He had concerned about illegal and unethical
practices on behalf of PharmaCARE for the use of the drug AD23. Also advised the attorney that PharmaCARE knew that the
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The Medicare Bill
The Medicare bill was signed into law on July 30, 1965 by President Johnson. The signage came long after an attempt by President Truman to develop
a national insurance fund that could be utilized by all Americans. During the signing of the bill, President Johnson explained that with the Medicare
program an individual can insure themselves against illness that may present during their senior years. Additionally, he commented that there were
more than 18 million low income Americans who are greater than 65 years of age and cannot afford to treat their illnesses. The Medicare program is
overseen by The Centers for Medicare and Medicaid Services (CMS), and has evolved over time. Medicare now covers individuals under the age of 65
who ... Show more content on Helpwriting.net ...
The goal of this deception is to obtain a federal healthcare payment that would not otherwise exist. The provider, practice, or institution may falsely
claim to have provided a service or used supplies for a patient when in reality neither the service nor the supplies were used. A secondary way to
commit Medicare fraud involves referrals. If one solicits, pays, or accepts money to encourage referrals because the services are reimbursed by
Federal healthcare programs, they are participating in Medicare fraud. This type of fraud is addressed in the Anti–Kickback Statute. Lastly, Medicare
fraud occurs when the complexity of services are overstated and billed at a higher than necessary rate. This action violates the False Claims Act which
protects the government from being excessively charged for goods and services.
Medicare fraud is illegal and remedies are sought at both a civil and criminal level. If a provider, practice, or institution is found guilty of Medicare
fraud, the consequences may include a loss of license, monetary penalties, and the inability to participate in Federal healthcare programs. The Office of
Inspector General (OIG), which is a part of the U.S. Department of Health & Human Services, has the ability to exclude individuals who participate
in Medicare fraud. The guilty party will be listed on a searchable database on the OIG website. The list is officially referred to as the List of
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Business Ethics : A Stakeholder And Issues Management...
The other two types of whistle blowing that occur are personal and impersonal, where the wrongdoing is be done upon the whistle blower and
impersonal where harm is observed upon another. In many cases whistle blowing is believed to occur when an employee's loyalty or attachment is in
opposition to their job commitment and job satisfaction. When whistle blowing happens it may have a detrimental effect on relationships between the
whistleblower and their co–workers. This can create enemies between fellow employees; the whistle blower may be avoided and mistrusted. "Indeed,
whistle–blowing can be discouraged or even punished when the image of the whistle blower is seen as "disloyal" to the organization posing risk of
normalizing wrongdoing and ultimately derive the public interest." (Ashforth & Anand, 2003)
In the book, Business Ethics: A Stakeholder and Issues Management Approach states a common opinion, "Whistle blowing goes against strong U.S.
cultural norms of showing loyally toward an employer and colleagues and avoiding the "snitch" label. However strong cultural norms regarding
fairness, justice, a sense of duty and obedience to the law and to one's conscience also exist." (Weiss, 2014)
It can be argued that it is impossible to associate loyalty with an abstract entity. An organization is made up of individuals working towards the same
goal; loyalty depends on organization commitment and the culture fostered within that organization. It also requires that the
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Review the Video Whistleblower Fired for Exposing...
Whistleblower Fired for Exposing Truth/Corrupt Government Contractor
By Yolanda Holmes
Capella University
Abstract
Navy performed limited background checks on Thompson and Salvatore Carabetta when project was granted. Shaw Group and Carabetta were feuding
during project, company rejected warnings from whistle–blower John Jack, costs escalated and components of houses were downgraded without Navy
approval. Navy couldn't get documentation out of American Eagle, Navy didn't act quickly on information from John Jack.
Principal–agent theory. In this time of ever more scarce government resources, the idea that one level of government can mandate the activities and
therefore resource usage of another may seem counter–intuitive. ... Show more content on Helpwriting.net ...
It became apparent very quickly that this was not an isolated example; that this was not an isolated problem. Nalder found it in one job after another
from Patrick Air Force base in Florida, to fort Leonard Wood Army Base in Missouri. American Eagle's military home
–building projects had fallen
behind schedule. In Jacksonville, Arkansas, home of Little Rock Air Force Base, local Journalist John Hoffheimer reported that civilians were
suffering from American Eagle's actions as well. The first indication there were any problems, occurred when there were rumors that some contractors
were being paid late or perhaps not being paid at all. Most of these were small companies, which was putting them in a financial bind. There was one
sub–contractor filed for bankruptcy. Dozens of other settle for small percentages of what they owed. However, there was one that held out, Tommy
Austin, Cement business. They were contracted to pour the foundations of more that 200 homes for American Eagle. His lawyers are still trying to
get all the money he says he was promised. In the end, the Air Force actually bears some of the responsibility because they did not have tight controls
over this process Films Media Group. (2009, June 30).
The principal agent theory applies to this Whistleblower's Tale because the Navy, (we are going to call them shareholders)
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Whistleblowing
Whistleblowing LEG 500
Whistleblowing in a Publicly Traded Company
Whistleblowing implies the imperative necessity to alert others (company) about immorality issues, including illegal activity, happening inside the
organization. For the employee who decides to blow the whistle "usually brings to he/she undesirable consequences." Some consequences are like
threats, loss of employment, and social rejection. (Chiu,R. 2003)
Whistleblower Traits
Whistleblowers are characterized by strong ethic–moral values. They are perceived as an active person with enough courage to expose the wrongdoing
occurring inside their company. They are "perceived as altruistically driven individuals who are steered by their attitudes."
The ... Show more content on Helpwriting.net ...
Ranbaxy agreed with FDA to don't produce drugs for USA until they meet the requirements specified by American standards.
Whistleblowing Justification
Any pharmaceutical company Pharmaceutical, in North America, has to prove they are making products "bioequivalent" or have the same results as
the Original Medicine.
The whistleblower was aware that the company was falsifying documents, didn't meet the requirements to produce drugs according with USA
regulations. Whistleblower action was justified because the fact that the company was making and selling medicine without scientific support it might
put in jeopardy the health of many people who were in taking the drug.
Whistleblower protection under the Sarbanes–Oxley Act
The Whistleblower was in protected under the Sarbanes–Oxley Act. Whistle blowing protection is important for both Sarbanes Oxley and fraud
protection. The Sarbanes –Oxley Act protect employees from publicly traded companies from retaliation against them after report the wrongdoing. In
India where the company is located, whistleblowers don't have any protection.
In this particular case the investigation took eight years. Thakur contacted the FDA which was in charge to not only investigate the case but to offer
protection to him and his family.
The company faced civil penalties under the False Claims Act, "which allows citizens to bring civil actions on behalf of the United States and share in
any recovery." (McCafferty)
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Pros And Cons Of Filing A Whistleblower Suit
In my opinion, filing a whistleblower suit is definitely not for the faint of heart. There is definitely anxiety and stress associated with uncovering and
eventually reporting alleged fraud. In an effort to prevent the whistleblower from revealing the lawsuit to anyone, whistleblower or qui tam cases are
generally filed under court seal. This means the relator cannot discuss the case with family, friends or co–workers until the government has completed
their investigation and can oftentimes be difficult on the person bringing the evidence to light, as this may bring about feelings of isolation. The
government uses the seal to their advantage in order to covertly investigate any and all allegations surrounding the whistleblower's
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The Treatment of Whistleblowers Essay
It used to be that whistleblowers were applauded, and they still are in the private sector, but it seems as if government whistleblowers are criticized
and many are even criminally charged. There is certainly a different take on their activities. In fact, some advocates counsel federal employees not to
come forward with information because if they do, their lives will be destroyed (Shulman, 2007). What often happens is that they will never be able
to work in their careers again in the same capacity (Shulman, 2007). Many whistleblowers not only lose their jobs, but they lose their families and
friends, and much of their money ends up going to attorneys (Shulman, 2007). Indeed, in today's day and age, there is a surge of whistleblowers... Show
more content on Helpwriting.net ...
It can take awhile for someone to speak up, and the hesitancy is largely due to a corporate culture that does not support the practice. It should be
noted that there are "whistle blowing" statutes in many jurisdictions where an employee is allowed to report illegal activity and will be protected from
being fired (Larson, 2003). Indeed, whistle blowing is largely encouraged in society in general as the government wants people to come forward when
the giants of Corporate America are doing something bad. Of course, when it comes to leaking government secrets that is a different matter entirely.
The National Whistleblowers Center says that under Section 403 of the Intelligence Authorization Act, the head of an employee's agency may accuse a
whistleblower of leaking classified information (Burghardt, 2011). If this were to occur, the simple accusation could lead to the individual's
blocking of access to federal pensions, and this is true even if they are in retirement (Burghardt, 2011). One case that involves a whistleblower who
has been ostracized is Thomas Drake. Drake is a former National Security Agency (NSA) employee (Bishop, 2011). The government pursued him for
years, and eventually he would plead guilty to just one misdemeanor in that he used a computer without authorization (Bishop, 2011). What did Drake
do exactly? Why is he considered to be a whistleblower and why has he been persecuted by the government? Drake warned the
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Characteristics And Impact Of Whistleblowers
Characteristics and Impact of Whistleblowers
Tony J. Hillian
1–23–15
Professor Weekley
Law, Ethics, And Corporate Governance
Strayer University
Characteristics and Impact of Whistleblowers Corporate America is still reeling from scandals and corporate corruption caused by excessive greed
and the need to rake in huge profits. In this paper, the writer will provide some characteristics and impacts of individuals know as "whistleblowers".
Whistleblowers have emerged to facilitate corporate executives and corporations being more transparent, and ensuring that stakeholders rights are
protected from inordinate corporate greed. The writer provides details and accounts of a recent whistleblower activity, and provides a summation of
those activities. Finally, the writer provides perspectives as to the impact the whistleblower's activities ... Show more content on Helpwriting.net ...
Personal and Company Effect of Whistleblower's Actions
Melamed (2014) reported that O'Donnell received his record–breaking award in part due to a 16% share of a $350 million slice of the penalty levied
against Bank of America. O'Donnell is also protected under the Sarbanes–Oxley Act from any retaliation by Countrywide or Bank of
America. As for Bank of America, the penalty signaled the beginning of "zero tolerance" for corrupt corporate officials. In the report, Melamed (2014)
made reference to comments by U.S. Attorney General Eric Holder that the settlement was commeasure with the level of corruption and should be
perceived by other corporates executives as the punishment for any unethical behaviors moving forward.
Whistleblower Justification
Moberly (2006) argued that with the rash of corporate scandals, and the public's
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Qui Tam Actions Seminar Paper
SNITCHING FOR RICHES: WHISTLEBLOWER BOUNTIES AND THE $96 MILLION CHERYL ECKARD SETTLEMENT
Introduction Bounties have been employed by United States government over the history of our Nation. As differentiated from rewards, which offer
payment for accomplishment of a specific act such as providing information that leads to the capture of a particular criminal, bounties are tailored to
encourage the services or actions by some class of persons in pursuance of a governmental purpose. One of the earliest examples in the United States
is the grant of bounty land grants during both the Revolutionary War and Civil War. For the purpose of encouraging longer military service, this bounty
system would offer land to men fit for service in return ... Show more content on Helpwriting.net ...
The FCA enforces this statute, in part, by allowing a private person, typically an employee or other agent of the violator with particular knowledge of a
violation, to bring suit on behalf of the government, otherwise known as a qui tam action. This qui tam plaintiff, referred to as a relator, is entitled to a
bounty between 15% and 25% of the settlement amount in the situation where the government proceeds with the action brought by the relator. In the
case where the government doesn't proceed with the action, the relator is entitled to between 25% and 30% of the settlement amount.
Traditionally there was a bar that limited a relator from bringing a qui tam action under the FCA and thus being qualified to receive any whistleblower
bounty resulting from the settlement. The bar was basically two–fold. The allegations or transactions underlying the action cannot have been publicly
disclosed, unless the relator was the original source of the information. Prior to amendment in 2010, this bar required the court to dismiss the action if
the allegations had been public disclosed or the relator was not the original source of the information, which resulted in this becoming the primary
defense in FCA actions. However, with amendment in 2010, the power to dismiss was effectively shifted from the court to the government with the
addition of the language "unless opposed by the Government".
... Get more on HelpWriting.net ...
Whistleblower Essay
David Robilliard
COHP 330
Module 11
1.What is a whistleblower?
A person who informs on a person or organization engaged in an illicit activity, who exposes any kind of information or activity that is deemed illegal.
How might a company get back at a whistleblower and how does OSHA protect a
Whistleblower?
Blacklisting
Demoting
Denying overtime or promotion
Disciplining
Denying benefits
Failing to hire or rehire
Firing or laying off
Intimidation
Making threats
Reassignment to a less desirable position
Reducing pay or hours
Suspension
OSHA's whistleblower statutes protect you from retaliation. An employer cannot retaliate by taking "adverse action" against workers who report
injuries, safety concerns, or other protected ... Show more content on Helpwriting.net ...
2.What is imminent danger?
Definition. Section 13(a) of the Act defines imminent danger as "... any conditions or practices in any place of employment which are such that a
danger exists which could reasonably be expected to cause death or serious physical harm
How can you refuse to do dangerous work?
If the condition clearly presents a risk of death or serious physical harm, there is not sufficient time for OSHA to inspect, and, where possible, you
have brought the condition to the attention of your employer, you may have a legal right to refuse to work in a situation in which you would be
exposed to the hazard. (OSHA cannot enforce union contracts that give employees the right to refuse to work.)
What criteria must be met?
You refused to work in "good faith." This means that you must genuinely believe that an imminent danger exists
A reasonable person would agree that there is a real danger of death or serious injury
There isn't enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA
... Get more on HelpWriting.net ...
Whistleblowers In The Workplace
A whistleblower is anyone who gains knowledge of illegal activities occurring in an organization and reports this information to the proper authorities.
Whistleblowers can be clients, contractors, employees and suppliers. Whistleblowers can be any individual who somehow becomes aware of illegal
activities either through witnessing the behavior or being told about it. Companies can also ask for employees to come forward if they witness another
employee committing an illicit illegal activity.
Whistleblowers can report or file the illicit illegal activity through the workplace but that could end in retaliation by the employer. Whistleblowers can
also file their complaints through the occupational safety and health administration website. The ... Show more content on Helpwriting.net ...
Shallal alleged that she did not file the claim because she believed she would be fired for doing so. Shallal had an issue that occurred outside of her
claim. Quinn then had Shallal fired because of that other issue. Shallal alleged that firing her had something to do with her claim. She used the
whistleblower protection act to defend this thought. In a two to one decision, the court of appeals ruled in her favor because her being fired was a
direct order from Quinn. I completely agree with this
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VA Whistleblower
Throughout the history of the United States the government has felt a responsibility to care for those who defend the freedom of the United States.
This responsibility is to make sure that our veterans have the best care possible when they return home from war. Since its establishment, the
Veterans Affairs (VA) has come under fire from all angles, saying that they are not offering the best possible care for our Veterans. Throughout
history yellow journalism has been found to destroy some organizations. The VA is an organization who has experienced the effects of yellow
journalism and they are trying to recover. The VA is taking the yellow journalism and turning it into constructive criticism in order to improve their
services for the United States Veterans. During the year of 2014 the VA experienced the largest scandal in the past 20 years. The Phoenix, Arizona
VA was revealed to have extremely long wait times for the Veterans to receive care. This news led to the Director of the Phoenix VA being accused of
...
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In the case of the VA scandal many of the whistleblowers are scared about what will happen to them once the information is out there. "VA
whistleblower reprisal cases received by OSC has been rising quickly, from 405 in fiscal 2013 to a projected 712 for fiscal 2015 – a 75 percent jump"
(Davidson). The idea of the whistleblower is that the truth will be exposed and the problems will be fixed. When a whistleblower decides to come
forward they are risking their jobs and how other people view them. According to Sen. Ron Johnson (R–Wis) "The VA has a culture problem with
whistleblower retaliation." Basically Sen. Johnson is saying that if a person decides to come forward they are not guaranteed protection from retaliation
by coworkers. Without these whistleblowers the VA scandal would not have come to light. The country never would have known about the falsifying
of patient documents or the other problems facing the
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Whistleblower: Protected Disclosure
Whistleblowers
What is the Whistleblowers Protection Act?
The Whistleblowers Protection Act 2001 ("the Act") supports the Government's commitment to the principles of open, honest and accountable
governance. It is designed to protect the public interest by: exposing serious public sector wrongdoing; ensuring public organisations are responsible
and accountable; and protecting whistleblowers from detrimental action and protecting their privacy.
How do I become a whistleblower?
A whistleblower is any person who makes an allegation about improper conduct by staff of the Department of Human Services or the Department of
Health ("the departments") or funded agency. Making a disclosure under the Act can be done either orally or in... Show more content on
Helpwriting.net ...
What happens once the PDC determines that a protected disclosure has been made?
Once the PDC determines that a 'protected disclosure' has been made, the PDC must assess whether it also constitutes a 'public interest disclosure.'
In order for the PDC to be satisfied that a public interest disclosure exists, the disclosure must show that a public body or public officer: has
engaged, is engaging or proposes to engage in improper conduct in their capacity as a public officer or public body; or has taken, is taking or
proposes to take detrimental action. If the PDC determines that a 'public interest disclosure' exists, the whistleblower will be notified of the decision
and the disclosure will be referred to the Ombudsman for
How CIIRu handles whistleblower complaints
Whistleblower complaint made
Is it a 'Protected Disclosure' under Part 2 of the Act?
No Yes
Need more information?
If you would like to make a Whistleblower complaint, please contact the Protected Disclosure Coordinator on: 1300 131 431. Please note: Your call
will go through to an automated answering service and will only be recieved by the Protected Disclosure Coordinator. For further general information
on Whistleblowers consult: Manager CIIRu/Whistleblowers on (03) 9096 7312 Manager Fraud Control/Whistleblowers on (03)
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Opposition to Leakers
Are government whistleblowers acting in the public interest, or do they endanger the public by exposing classified information? Just as government
transparency has waned in recent years, there have been several instances of very public national intelligence whistle–blowing. Large scale leaks such
as those published by The Guardian and WikiLeaks have prompted debate on issues of government secrecy, as well as the balance between security and
liberty. High profile whistleblowers like Bradley Manning, Julian Assange, and Edward Snowden have, at great personal risk, leakedclassified
information to the public in the interest of transparency. Leaked media and documents range from embarrassing, to potentially dangerous. Heightened
levels of ... Show more content on Helpwriting.net ...
New York Times reporters James Risen and Eric Lichtblau were awarded the Pulitzer Prize; Drake was indicted under the espionage act (Wise). The
NSA came under scrutiny again in 2013 when Edward Snowden revealed large scale data collection and surveillance programs.
As history can attest, government whistleblowers act honorably for the greater good despite threat of prosecution. Government transparency,
especially in acts of war, is important to a functioning democracy. J. William Leonard, former US classifications czar, In the documentary We Steal
Secrets: The Story of WikiLeaks, illustrates, "To have those types of decisions, those types of deliberations, done in secrecy is a tremendous disservice
to the American people – because these are things being done in their name – so, whether you agree with them or not, to have a free back–and–forth
airing of these is essential". In support of these concepts, those behind WikiLeaks and other government leaks have taken great risks. Birgitta
Jonsdottir, member of WikiLeaks and Icelandic parliament, stated, "We were working on something that we knew that could get us into serious trouble
and we were all willing to take that consequence" ("We Steal Secrets"). In We Steal Secrets, instant messages between Bradley Manning and the man
who eventually turned him in, hacker
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Protection for Whistleblowers in Malaysia
1.0Introduction
Legislative protection in Malaysia of whistleblowers is not an entirely new concept. Legislation mandating personnel to disclose the existence of
offences involving fraud or dishonesty, and the attendant legal protections, already exist in certain sectors.
The Whistleblower Protection Act 2010 ("WPA"), which came into force on 15 December 2010, is intended to provide all–encompassing protection to
the private and public sectors. One of the WPA's key objectives is to fill in the gaps left by the said sectored–specific legislation. The objective of this
act is to give safeguard to the whistleblower in the form of confidentiality of their information, immunity from civil and malefactor action and
safeguard from detrimental action being taken against them. Whistleblower protection is one of the Malaysian Government's efforts towards tackling
corruption and promoting good governance under Regime Transformation Programme (GTP).
The WPA is also a key legislative initiative to combat corruption by facilitating protected disclosures through immunity from civil and criminal actions,
confidentiality of information disclosed and protection from retaliatory action. The WPA will, for the first time, introduce employment
–specific
criminal liability for retaliatory action taken at the workplace. Employers in Malaysia should therefore review and, if necessary, implement appropriate
revisions to their existing whistleblower policies.
Dworkin & Baucus, Park &
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Whistleblowers Research Paper
It is popularly believed, even by presidential candidate Hillary Clinton, that whistleblowers only break promises of the nation, and release critically
secret information to the everyday public. Many believe that they should be punished for this violation of secrecy. Yet, perhaps what they release could
be saving the country and government. Secrets in government of war and finances can be detrimental to the health of the United States of America
from the spread of conspiracy theories and due to the fact that the government, which should be protecting the people, is sneaking behind citizen's
backs and making their own worldwide decisions. Whistleblowers are needed to create a prosperous and stable country if our government is going to
be this corrupt with their secrets.
Corruption with government secrets is a main topic as to why whistleblowers are needed. There is a fine line between what the government needs to
hold and what the government should share, but it is popularly believed that the government needs to release more so it can actually feel like the
people get their own say. Whistleblowers don't just believe that there are huge amounts of secrets that need to be released, but they only say what must
be said. Edward Snowden was a technical assistant who worked for the NSA and ... Show more content on Helpwriting.net ...
Even the Whistleblower Protection Act was about government workers who planned to release information due to the fact that it's a corrupt idea to
hold secret must go through a process with the government to work out the problem which probably wouldn't draw anyone to not illegally sell
information. The IG for Department of Justice Michael Horowitz claimed that all whistleblowers want to do is release information that they will think
help the country to know. So far, the this has been the case, and many supporters have come out to say that the revealed secret holds use at how the
government was being corrupt for holding on to
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Essay On Whistleblower Protection Act
Whistleblower Protection Enhancement Act of 2012
Introduction
Often the debate arises of whether human–beings are born with an innate sense of "right–from–wrong" and most often the consensus is, yes. The later
question might then be, what makes a person question doing the right thing? In the reality of someone who may be labeled a "whistleblower,"
apprehension to report wrongdoings may reasonably come from fear of retaliation. Particularly when the wrong–doing is occurring within the federal
government and/or secret intelligence community. Who will stand up to these powers and what protection can policy afford those that take the ultimate
risk in "doing the right thing" by unveiling the crimes of waste, fraud, and abuse within our government ... Show more content on Helpwriting.net ...
[R–IA], C. (2015, July 30). Text– S.Res.236 – 114th Congress (2015–2016): A resolution designating July 30, 2015, as "National Whistleblower
Appreciation Day". | Congress.gov | Library of Congress. Retrieved from https://www.congress.gov/bill/114th–congress/senate–resolution/236/text
Kasner, A. J. (2015). NATIONAL SECURITY LEAKS AND CONSTITUTIONAL DUTY. Stanford Law Review, 67(1), 241
–283. Retrieved from
https://nuls.idm.oclc.org/login?url=http://search.proquest.com.nuls.idm.oclc.org/docview/1661722557?accountid=25320
Lohman, A. (2015). SILENCE OF THE LAMBS: GIVING VOICE TO THE PROBLEM OF RAPE AND SEXUAL ASSAULT IN THE UNITED
STATES ARMED FORCES. Northwestern Journal of Law and Social Policy, 10(1), 230
–279. Retrieved from https://nuls.idm.oclc.org/login?url=http:/
/search.proquest.com.nuls.idm.oclc.org/docview/1667167592?accountid=25320
Lucas, G. R. (2014). NSA management directive #424: Secrecy and privacy in the aftermath of edward snowden. Ethics & International Affairs, 28(1),
29–38. doi:http://dx.doi.org.nuls.idm.oclc.org/10.1017/S0892679413000488
Meyer, D., & Berenbaum, D. (2015). THE WASP'S NEST: INTELLIGENCE COMMUNITY WHISTLEBLOWING & SOURCE PROTECTION.
Journal of National Security Law & Policy, 8(1), 1–49. Retrieved from
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My Response to an Inspiring Blog About Whistle Blowing...
Thank you for your inspiring blog.
In your blog post you raised the issue of whether whistleblowing is believed to be morally right or wrong.
Davies states that Whistleblowing always comprises a definite or at least acknowledged an objective to prevent something bad that would otherwise
occurs.
What Vokes has done is ethically correct. He followed the proper channels, which is to approach his company's managers and seniors. This is because
he was not pleased with the overall care from the company.
You have rightly pointed out the position of Vokes and his tactic before going public as awhistleblower. The actions and the approach have a place in
Davies "Theory of Complicity". This is demonstrated by the circumstance that Vokes morally... Show more content on Helpwriting.net ...
Therefore, one has to ask how can a practice that has brought about so much good and prevented so much harm not be ethical.
In your blog post, you said that "even the most dedicated that there must be a limit to the amount of loyalty that an employee has towards the business."
I should argue that there should be no reason why an employee should have loyalty to the company.
Vokes has ethical duty of blowing the whistle to sure there is a safe place to work which will increase happiness and decrease harm.
Duska claimed that a person may have a casual relationship but they do not owe any loyalty to these casual encounters. Duska also believed that the
main goal of a business is to make profit, if you do not make a profit your business will soon ceased to end. A relationship that requires loyalty is of
give and take which involves faithfulness, honesty, reliability and mutual enrichment. Loyalty requires us to consider the needs of others and not to
always act in own self–interest. So, loyalty requires only people with constant relationship in our lives whom we trust them but not just any relationship.
Some however see it as an act of disloyalty to the employer who is the means of the employee's livelihood. Duska argues in his article of
"Whistleblowing and Employee loyalty" that is no obligation to loyalty because a company is not a person, it's an instrument with a specific purpose
of making a profit. He defines a loyalty relationship as
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What Is The Case Of Healing Hospital England Whistleblower
The case about Ealing Hospital England and its whistle–blowing is one of the most popular whistle–blowing incidents in the recent times. Miss
Sharmila Chowdhury is a whistleblower in this case. A person who uncovered any kind of details or facts that is unlawful, illicit, criminal, dishonest or
incorrect within any corporation is known as whistleblower. A whistleblower has two options to bring information or accusation to surface by internally
or externally. Internally, a whistleblower can lead his/her statement to awareness of other people within the accused corporation. Externally, a
whistle–blower can also contact a third party outside of the corporation such as media. So the question arises, is a whistleblower a
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Whistleblowing And Sarbanes Oxley Due
Whistleblowing and Sarbanes–Oxley Due
Whistleblowing can be described as the disclosure of illegal, immoral, underhand or unlawful transactions, deals or practices of their employers or
companies to people, institutions that are most likely to take action. What sets whistleblowing apart from other types of disclosures such as a tell–all is
that it is made for the purpose of reporting wrongdoing in a company or organization to an agency or person that can take some actions.
Whistleblowing is gaining popularity at such a fast pace, and more people are coming forward with dirty deals of their companies in the hope that
something can be done about it. The reasoning behind whistleblowing is that the rights and interests of the public are hampered and interfered with by
organizational abuses that go against the accepted societal norms and may breed inefficiency if something is not done about it (Weinstein, 1979).
Organizations that encourage a culture of whistleblowing by their employees have been known to be more transparent characterized by free employee
communication and trust. The benefit of this is that wrongs can be easily detected, and it also promotes an ethical work environment (Berry,
2004).However, whistleblowing is not an easy thing that anyone can do especially in an organization. It always come with consequences that may not
only affect the whistleblower but often those he cares deeply about such as spouse and
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Whistleblowing Essay
AC 4001 – Interim Assignment – 2012/2013
Name: James Nicholas Anthony Cassin
Student No: 109444602
Word Count: 1988
I don't agree with the statement provided that 'whistleblowing' is an enemy of business and creates suspicion and disharmony. This is simply the old
traditional view of the idea of whistleblowing that there is a spy or snitch within the camp looking after his/her own interests. This old and traditional
view is largely based on the case that employee's within organisations had very little rights and they weren't encouraged to be vocal about any
misbehaviour or inappropriate dealings they would have witnessed within the organisation. The idea that whistleblowing is encouraging a widespread
disunity within a firm is a purely ... Show more content on Helpwriting.net ...
This is to ensure that the whistleblowing allegations are dealt with in a fair and transparent manner for the benefit of the employee and the
organisation." So the obvious objective out of this of this act is to ultimately benefit the organisation as a whole and make it more credible to public
users who use the organisation that the best practices are being implied and in turn everyone can feel confident that the organisation is run right.
The point can be made that "whistleblowing" within a firm, large or small can be encouraged by putting in place policies and a process within a firm
that will protect the employee's and benefit the organisation by: * Avoiding any unnecessary and unwanted publicity in the event that some of the staff
within the organisation are engaged in bad behaviour. * There may be the benefit of generating positive publicity from a social responsibility
perspective. * It may reinforce a culture of values–based leadership and senior management accountability. * It may increase
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Is Whistleblowers Right To Know?
Argumentative Essay:Whistleblowers are people who declassify government secret because things might question the ethics of what the
government is doing. The citizen might find something out and feel it is wrong and against human law. So that person might go to the press or
live TV. Somewhere to have their voice and findings heard. They expose the government for what they have done. Some question if that is just as
wrong for betraying or if it's the citizens rights to know. Sometimes the government crosses the line and someone finally says what needs to be
heard. Whistleblowers are not in the wrong for exposing people that are doing wrong. Whistleblowers are typically just normal American citizens
that find out maybe something they shouldn't. An example is after the 911 attacks, a employ of the NSA was trying to prove a theory he had about
the attacks. But instead he found out that the NSA was going against the right of privacy. The NSA was tapping into phone conversations and
listening to people's phone calls. So the employee, Thomas Drake, started telling a news reporter of his findings after his boss dismissed his findings.
The government was going to far and invading citizens privacies. They knew it was wrong too yet they still did it. But that's not the only case. Many
people have found out things and gave it out because citizens have a right to know. There is now laws that protect whistleblowers against corporations
so that... Show more content on Helpwriting.net ...
He would hack into government computers and steal information and release it to the web for anyone to know the truth and for anyone to make a
news story about it. He built a team and they sought after information to expose the government. The hacker released a video of an aircraft shooting
unarmed civilians in Baghdad. He released the footage and many people saw it and the government was once again busted by a
... Get more on HelpWriting.net ...

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Herve Falciani Whistleblower

  • 1. Herve Falciani Whistleblower In the article written by Martha Hamilton, Herve Falciani was a bank computer expert who became a wanted man when he exposed HSBC bank in Sweden. He claimed it was done to expose unethical behavior however, the bank claimed he was a disloyal employee who exposed the bank's practices for personal gains. This paper will define key concepts, rationalize arguments for and against, give a final position on the actions of Mr. Falciani. Two main terms that will be encountered are whistleblower and loyal employee agent argument. According to (Boatwright, 2012) whistleblowing "is the release of information by a former member or member of an organization". This means that for whistleblowing to occur there must be a correlation between the blower and the establishment in which the blower sees the company's methods or practices ... Show more content on Helpwriting.net ... Falciani was a trusted employee of the bank. He was also responsible for the positive changes the previous branch of HSBC encountered. He was sent to Sweden to implement similar changes in this branch however, his changes was met with much resilience from the employees in the branch. He uncovered unethical practices being conducted as part of the bank's practice. It can be noted that Mr. Falciani said he alerted bank officials about the problem however, nothing was done about it. Further investigation of this article, showed HSBC bank had measures in place to report whistleblowing there were two means. First, chat with line management or report to the whistleblowing hotline. Additionally, HSBC had a lot of confidential information which its clients were assured confidentiality. Mr. Falciani downloaded this information that he had privilege to. This shows personal interest in the information gathered. The information exposed endangered the lives of many persons and the public. This is because it caused the government to pursue persons who were trying to get away from paying exorbitant ... Get more on HelpWriting.net ...
  • 2. Whistleblower Ethical Dilemmas 1.0 Introduction According to (Williams, 2015), a moral dilemma is a conflict in which a person have to choose between two or more actions and have moral reasons for choosing each action. A whistleblower can be anyone who has and can report insider knowledge of illegal activities that are happening in an organization. Therefore we can also say that whistleblowers can be supplier, client, contractor or an employee who somehow becomes aware of illegal activities that are happening in a business either through being told about it or witnessing the behavior. The alleged information of wrongdoing can be grouped in many ways, law, regulation, violation of company policy/rules, fraud, corruption as well as threat to public interest/national security (Vandekerckhove, 2006). 2.0 Types of Whistleblowers in School and in the Work Place 2.1 Internal Whistleblower In most cases whistleblowers are internal whistleblowers, which report on misconduct that happen within the company done by fellow employee or superior. Interesting questions with respect to internal whistleblowers is, under what circumstances a person will act on to spot and to stop illegal, unacceptable behavior and report it. If there are complaint systems within the organization that offer not just option to dedicated through plan and control organization but option for absolute confidentiality then people will find a reason to take action with respect to unacceptable behavior within an organization (Rowe and Hall, ... Get more on HelpWriting.net ...
  • 3. The Pros And Cons Of Tobacco On January 11, 1964, the United States Surgeon General Luther L. Terry endorsed the research findings of American pathologists that tobacco is an addictive substance ("50 Years of Tobacco Control"). Subsequently, Terry confirmed that nicotine contains addictive and harmful chemicals, and that continuous usage may lead to lung cancer, coronary heart disease, emphysema and bronchitis in users of the delivery devices, like cigarettes ("50 Years ofTobacco Control"). Moreover, this endorsement dominated newspaper headlines and television newscasts across the United States, resulting in television and radio abandoning cigarette advertisements in 1970. Nevertheless, today, more than 45 million Americans continue to smoke, more than 8 million are living with smoking related health issues, and approximately 500,000 Americans die prematurely each year as a result of tobacco use ("50 Years of Tobacco Control"). However, fast forward over three decades later, Chief Executive Officers (CEO) from one of the top tobacco corporations in the United States testified under oath before a congressional subcommittee "nicotine is not addictive" ("50 Years of Tobacco Control"). On February 4, 1996, Dr. Jeff Wigand, became nationally known as awhistleblower after revealing on the news show "60 Minutes" that the tobacco company that he worked for, Brown & Williamson, not only knew that nicotine was addictive, but manipulated its tobacco properties with other chemicals to enhance it's ... Get more on HelpWriting.net ...
  • 4. Whistleblower And Watergate Scandal A "whistleblower" is the one who informs against another. The term likely brings to mind famous cases surrounding highly publicized criminal acts, such as Sherron Watkins exposing Enron's fraudulent stock inflation or even "Deep Throat" revealing details that brought to light the Watergate scandal. These are major cases involving elaborate trials and major media attention, but that's not how everyday whistleblowing occurs. Although the wrongdoing taking place in various workplaces, agencies, government, and organizations may not constitute large–scale criminal acts, they still pose significant challenges to the potential whistleblower who may feel a moral obligation to report what he or she has witnessed. How often does wrongdoing ... Show more content on Helpwriting.net ... For instance, reporting a coworker may undermine the trust of other coworkers, destroy friendships, and posing a risk to professional standing. Uncertainty about procedures and protections also lurks with whistleblowing but is an area that employers can address. A whistleblowing procedure should be part of an agency's written policies and should include a clear description of employee protections, the steps one takes to report a concern, and even what constitutes a reasonable concern. The fear of retaliation also is a barrier. Fear of firing or retribution is a major concern and probably stops a lot of social workers, especially when the concern involves a supervisor or agency ... Get more on HelpWriting.net ...
  • 5. Assignment 1 Whistleblowing and Sarbanes Oxley Due Essay Whistleblowing and Sarbanes–Oxley Due Artize L. Johnson Professor: Steve Harris LEG 500 Law, Ethics, & Corporate Governance 26 April 2015 According to Halbert, Ingulli, & Frey (2015), whistleblowers are people who decide to report unethical or illegal activities, usually activities under the control of their employers. They may be working for private companies, nonprofit organizations, or for the government. Awhistleblower is an individual working in an organization who decides to expose the misconduct, misbehavior, or illegal actions occurring in that organization. Making the decision to expose these actions can be very difficult to disclose with the fear of repercussion. The information being disclosed to ... Show more content on Helpwriting.net ... Employers will threaten to fire or suspend a whistleblower, being able to combat retaliation will help in this fight. J.P. Morgan Chase & Co. is a publicly traded company that has been in the news for whistleblowing in the last 12 months. In March of 2014, the New York Federal Court awarded Keith Edwards, a former employee of J.P. Morgan, $64 million dollars for his part in the Whistleblowing of a case that defrauded the U.S. government. J.P. Morgan Chase & Co., were submitting false claims to U.S. government to insure flawed home loans (Stempel, 2014). For more than a decade, JP Morgan Chase & Co. submitted thousands of mortgages for insurance by the Federal Housing Administration or the Department of Veterans Affairs that did not qualify for government guarantees. J.P. Morgan admitted to failing to report to agencies that their internal reviews revealed problems also. During the year 2003 through 2008 Keith Edwards was the Assistant Vice President of a government–insuring unit with J.P. Morgan. During his tenure, Mr. Edwards believed that Wall Street and his own company J.P. Morgan Chase & Co. were being deceitful in their actions. Mr. Edwards wanted to show that companies involved in deceitful action should be held accountable for their actions, he became known as a whistleblower for his actions. In 2008 J.P. Morgan fired Keith Edward for action in exposing their organization. As the result of Mr. Edwards exposing the ... Get more on HelpWriting.net ...
  • 6. Sympathy For The Whistleblower Sympathy for Kathy In the novel and film "The Whistleblower" the authors and directors did great jobs making you really connect with characters and sympathize with more than one of them. It was a story that really made you feel an emotional rollercoaster, at least with me there was anger, sadness, frustration, confusion and more. At the same time as there were negative feelings there were the feelings of hope and cheering for certain characters. No matter what was going on I almost always felt some sort of compassion, sympathy, empathy and apprehension. The authors and directors did a good job of making you feel mainly sympathetic in the entire film/novel. Specifically I was constantly had the feeling of sympathy with the lead character Kathy... Show more content on Helpwriting.net ... She was one woman in a country that was foreign to her and when it all got down to it it was really her against hundreds of men. These men weren't going to let her waltz in and take their jobs and manhood and whatnot. When she was getting the threatening messages and Hynes was saying very strange things to her in their meeting I was shaken up for her. In the meeting with Hynes was when it was realized that all the international workers had a safety net, everything they did they got away with a slap on the wrist. This is when Kathy realized that she was in something bigger than herself but she was still doing it solo. Bolkovac made a bold move and sent out that mass email basically saying that no matter what she wasn't backing down and the greatest part of that email was "It is time we realize this is serious organized crime, making huge amounts of money in this country" (131). Kathy Bolkovac was defeated time and time again but that never stopped her. All she wanted was justice for those poor girls that were being trafficked and the men and the corrupt government were doing everything to make sure she didn't get that. When they took her job and told her she had to leave immediately that was the one time I felt defeated as well for Kathy. She was at her breaking point and at that point I had thought it was all over. Thankfully she still did have a couple people on her side and routing for her because that made her succeed in letting the world know what was really going on and who the problem people really were. It was mentioned earlier but coming back to the idea of the emotional rollercoaster it was really hard to not be cheering for Kathy in those times that she was being shut down time and time again. But when those times came that she was absolutely dominating and not letting anyone step in her way was a sigh of relief for at least a little bit. But when it came ... Get more on HelpWriting.net ...
  • 7. Whistleblowers Should Be Greater Protected Whistleblowing in the US has long been a controversial topic for many. Whistleblowers are people who work either as outsiders, like journalists, or insiders who uncover secrets from the inside of a corporation– who expose wrongdoings and secrets in the government or businesses. Being a whistleblower is risky business; reputations are put on the line and they commonly face legal trouble. While in the last century Congress has done more to protect these whistleblowers, many people are still on edge about the practice of whistleblowing and protecting it under laws. A big debate that has come to play is whether whistleblowers should be greater protected, or if they should be prosecuted by the law. Whistleblowing has in many instances been extremely helpful to US citizens, and here's why it should be fully protected by the government. First off, whistleblowers are by definition someone who informs on an organization involved in illicit behavior– illicit meaning forbidden by law. In Gale's Opposing... Show more content on Helpwriting.net ... Before all of these events, the 1912 Lloyd–LaFollette Act was already in place–which allowed employees to give that type of secret information to Congress. But when these more modern whistleblowers were constantly exposing information to the public, rather than just the Congress, more effective protection was called for. The Whistleblower Protection Act of 1997 protected them for all exposure and even prohibited retaliation. But the biggest achievements for whistleblowers were made by the Dodd–Frank Wall Street Reform and Consumer Protection Act of 2010, which required rewards for successful whistleblowers along with protection. With whistleblowers constantly risking their own lives and reputation to keep the public informed, it was finally time for them to get the thanks they deserved instead of ... Get more on HelpWriting.net ...
  • 8. NYPD Whistleblower Retaliation – Detective Labeled A Rat... In 2005 NYPD Detective, first grade, James E. Griffith called internal affairs to report he was being pressured by a fellow officer to lie and take the blame during an internal inquiry for the mishandling of a homicide investigation by his unit (Goldstein, 2012). Another detective and union official claimed in his deposition that Griffin was a rat because he went to internal affairs instead of the union (Marzulli, 2013). According to theUnited States District Court Eastern District of New York's memorandum of decision the retaliation was immediate, included adverse personnel actions and continued though out his career in different units until Detective Griffith was effectively forced to retire due to the harassment in 2009 (James Griffin... Show more content on Helpwriting.net ... "...while few indulge themselves in outright evil and fewer still in righteousness, people are evidently influenced by authority, by apathy, by thoughtlessness, and by their environment (Geuras & Garofalo, 2011, p. 112).The immediate supervisors at every post Griffith was assigned or escaped to participated in the retribution by instigating and allowing the personal slurs, destruction of property, the withholding or denial of benefits, and the refusal of other officers to work with Griffith diminishing his ability to do his job. The very division Griffith went to in the first place, internal affairs, was unable or unwilling to step in and hold anybody accountable for this behavior which created a hostile working environment and promoted a universal unethical culture. In this instance, Griffith would not be sheltered from retaliation under the traditional state and federal whistleblower laws. Federal laws generally protect those that disclose fraud against the government and state law NY Code 740 covers private sector and only when the complaint has been brought to the supervisor first. In the complaint against the State of New York et al the District Court ruled that Griffith's first amendment rights and first amendment retaliation claims would not be summarily dismissed. For four years, NYPD Detective first grade, James Griffith was ridiculed, belittled deprived of benefits and generally persecuted for disclosing unethical and possibly illegal conduct to internal ... Get more on HelpWriting.net ...
  • 9. Key Characteristics Of The Sarbanes-Oxley Act Introduction In this paper, I will cover the characteristics of a whistleblower provide an example of one and cover how the Sarbanes–Oxley Act would be used in this particular event. Describe the Key Characteristic of a Whistleblower Generally, whistleblowers are employees of a company that has stumbled upon an unethical situation that their company has done or is doing. They do not want to cause any harm to the company instead they feel that it's their morals and dedication to the company to report these issues to management. But when their reports are not taken seriously and people can be at risk or injured then they have to make the decision whether to report the illegal situation to the authorities and or to the public. According to ... Show more content on Helpwriting.net ... The Act provides legal remedies for wrongfully discharged from employment. The Act requires all publicly traded companies to have an internal and independent audit committee. The company has to establish policies for employees to be able to file an internal whistleblower complaint which the policies would protect those employee identities. The Act also requires ethical standards for attorneys who works with the Securities and Exchange Commission (SEC). Also, the Act provides criminalized retaliation against whistleblowers who provide truthful information to law enforcement and lastly the fourth part provides an enforcement provision which states any person that violates this Act will be treated as a violation of the Securities Exchange Act of ... Get more on HelpWriting.net ...
  • 10. Whistleblowing Essay Assignment 1: Whistleblowing and Sarbanes–Oxley LEG500030VA016–11 (Law, Ethics & Corporate Governance Professor Timothy Griffin Strayer University Jan Jones July 19, 2015 Describe the key characteristics of a whistleblower, and briefly summarize one (1) researched instance of whistleblowing in one (1) publicly traded company within the last 12 months. Include the details of the issue that the whistleblower reported and the effect of the whistleblower's actions on both the whistleblower himself and the company. A whistleblower is a person who exposes any kind of information or activity that is deemed illegal, dishonest, or not correct within an organization that is either private or public. The information of alleged ... Show more content on Helpwriting.net ... Even though SEC didn't have to issue an award in the first case, Mike Delikat, a partner at Orrick Herrington & Sutcliffe and chair of the firm's whistleblowing task force, thinks it may have done so to send a message to companies that they need to take seriously the credible complaints of wrongdoing they receive from their workers. He said SEC has been criticized for advocating that employees can come to the agency first with information, even if their companies mandate they report internally. This award is "like a demonstration that folks still are reporting internally but companies aren't doing anything about it so we have to step in and whack those companies that don't do anything," said Mr. Delikat. "That is my speculation." L–3 responded exactly the way a publicly traded company is required to by Sarbanes–Oxley and Dodd–Frank, sending the proper signal to whistleblowers that information about fraud is welcome and will be acted upon, even if the results lead to short–term negative consequences for the business. Whistleblowing cases reported to the Financial Conduct Authority (FCA) have increased by 35 per cent in the past 12 months, according to new information obtained under the Freedom of Information Act by Kroll, the global investigations firm. The Securities and Exchange Commission (SEC) made payouts
  • 11. ... Get more on HelpWriting.net ...
  • 12. Highly Publicized Whistleblower A whistleblower is described as a person who reports serious misconducts and threats to the public. The key characteristics of a whistleblower include but are not limited to the ones listed below: (1) unselfishly motivated, (2) a utilitarian–practical, (3) uninterested in changing their professional behavior, (4) allows their own attitudes and beliefs to guide them and are (5) well educated and hold professional positions within the corporation. A highly publicized whistleblowing incident is the one about General Motors and their faulty ignition switches on their vehicles. This has has caused General Motors to recall 8.2 million vehicles as of July 1, 2014. The recall affects Chevrolet, Cadillac, Pontiac, Oldsmobile and Buick models between ... Get more on HelpWriting.net ...
  • 13. Application Letter For Student Writing Essay 1 Hi, Julie! Thank you for sharing your (and your group members?) work with me today? I?m looking forward to reviewing it. Thanks too for your note in the appointment form! I?ll be glad to help you work on cohesiveness and clarity of ideas today. I want to share a few things about what you can expect from my review before you read through my comments on your work. First of all, I strive to make my comments as universally applicable as possible?while I?ll be giving feedback that is specific to this document, I hope you will find my comments helpful in future writing projects as well. Secondly, I aim to respond to student writing first and foremost as a reader, highlighting places where I think you can strengthen the clarity of your document so that you can best communicate your ideas. This means that I will focus the 30 minutes I have with your draft on the things I think are most immediately important, and may not comment on every instance of error I notice (for this reason, it?s always a good idea to go through and proofread your work yourself, even if you have the writing center review it!). And finally, please don?t let the number of comments in the draft alarm you. Even if it looks like I?ve given you a lot of feedback, that doesn?t mean your writing is bad! In fact, it is more likely to indicate that you have the potential to write something really strong. ( Of course, though, if you have questions about my feedback, you should always feel free to reach out to me. I ... Get more on HelpWriting.net ...
  • 14. The Company 's Code Of Conduct Based on the audit report, the Ethics Committee should agree that both Arun and Smita are violating the company's code of conduct. Then, the company should take actions to deliver the decision to related people. For example, if the decision of the Ethics Committee is to terminate both Arun and Smita, then the committee needs to get the CEO's approval and start the procedure of termination based on the company's code of conduct. First, the company will send out a formal written announcement to Arun and Smith of the decision made by the Ethics Committee, as well as the reasons which will be the summary of the audit report. If the company's code of conduct does not state that employees can appeal after receive their punishment, then Arun and Smith have to leave the company. Of course, they can take legal actions to fight for their rights like sue the Prashanti company . In that case, the legal department and IA team of Prashanti will have to respond. They can solve the problem through mediation or lawsuit case. On the other hand, if the company allows employees to appeal, and Arun and Smith chose to appeal. Then the IA team will respond to the appeal and hold a vote within the company to decided if the company will accept Arun's and Smith's appeal or not. The simple result will be Arun and Smith understand that they were wrong and accept the decision. Of course, the whole audit, decision–making, and termination process of the Arun and Smith case was frustrated and ... Get more on HelpWriting.net ...
  • 15. Should Whistleblowers Be Protected 12/6/14 Should Whistleblowers Be Protected? * Introduction The corruption rate in a community that does not support or protect reporting illegal activities is significantly high. Employees who work in public or private organizations are the first to identify wrongdoings in a workplace since they have up–to–date information. Whistleblowing can be an essential tool to identify and report these actions in the public, private and non–profit sectors. However, by revealing wrongdoings, whistleblowers often take high personal risks. Lacking strong legal protection might increase the change of facing dismissal, harassment and other forms of retaliation (" Whistleblower protection", 2012). Whistleblower protection is vital to motivate ... Show more content on Helpwriting.net ... * The False Claims Act During the civil war, the False Claims Act (FCA) was passed to prevent the fraud committed by companies that were selling supplies to the Union Army. The Act containedqui tam provisions which authorized citizens to speak out against those deceiving companies. The public awareness of the FCA has been growing since the passage of the 1986 amendments. The number of whistleblowers cases that were filed has grown significantly to more than 6,000 cases in 2014 (Kusserow, 2014). The U.S. Department of Justice (DOJ) has reported in 2013 that it has secured about $3.8 billion from civil cases that involve fraud against the government. More than 70 percent of the recoveries, which translated to $2.9 billion, were from lawsuits filed under the qui tam provision of the law. This significant amount of recovery was the second largest annual recovery and fourth year in a row which the DOJ has recuperated. Through this process, over $17 billion has been recovered since January 2009. This number is nearly half of the total amount of money that was recovered since the Act was amended in 1986. Whistleblowers or the qui tam provisions which permit individuals to blow the whistle was the main cause of the spectacular amount of recovery (Kusserow, 2014). When the government succeed in winning the case, the whistleblower receives up to 30 percent of the ... Get more on HelpWriting.net ...
  • 16. Pros And Cons Of Whistleblowing Introduction Whistleblowing has always been an important and controversial issue that employers and employees need to understand and stay up to date with. They need to make sure that they know what it means, what it involves, and what consequences are associated with whistleblowing. Whistleblowing is defined as, "...an employee of a company or government agency makes a protected disclosure to the public or authority regarding concerns for wrongdoing" (What is a Whistleblower?, n.d.). In short, a whistleblower is defined as a person who is concerned and discloses and divulges misbehavior in the workplace. This paper will focus on the pros and cons of being a whistleblower, the ethics behind it, the details of s specific whistleblowing situation, and reflect on my personal experience regarding whistleblowing. Pros of being a whistleblower ... Show more content on Helpwriting.net ... In an article written by Gerald Hanks titled, "Advantages & Disadvantages of Whistle–Blowing," he states that these people who are labeled as whistleblowers are brave individuals who are willing to speak up when they recognized wrongdoing (2018). These people are willing to jeopardize their reputation and their careers to correct these unethical misconducts. Another positive benefit that comes with being a whistleblower is that if the claims are to be proven, they will receive a settlement/recovery. In the article, "Pros and Cons of becoming a Whistleblower," it states that the whistleblowers are granted an annuity of the recoveries that come from their lawsuit (n.d). These settlements are a way to encourage people to come forward and report any misconduct they might witness or know about in their workplace. The fact that there are benefits involved with whistleblowing and an ethical piece of mind makes these "insiders" go through the motions of opening a can of worms and accuse the ... Get more on HelpWriting.net ...
  • 17. Essay On SEC Whistleblowers SEC whistleblowers who provide tips about possible unlawful conduct are heroes, although they rarely see themselves that way. Anyone who is considering alerting the U.S. Securities and Exchange Commission (SEC) about irregularities that involve their employer, colleagues or friends has probably wrestled with the decision for a while before taking action. People who find the courage to report potential violations should remember that they are protecting investors who are saving for retirement or their child's college education. While most individuals working in the financial services industry are familiar with the SEC whistleblower program, few know anyone who actually submitted a tip to the SEC, since whistleblowers often use an attorney to make an anonymous submission. While the SEC protects whistleblower's identities, it's possible that a person's employer will figure out where the SEC is getting their information. Being represented by an attorney ensures that a whistleblower has someone to turn to in case the firm decides to retaliate. Individuals also choose to submit their information through an SEC whistleblower attorney to ensure that their tip is well–presented and actionable. ... Show more content on Helpwriting.net ... Only whistleblowers who furnish information which helps the SEC collect at least $1,000,000 in penalties are eligible for an award, which can range from 10 to 30 percent of the fines assessed against the company found guilty of securities fraud. There are many factors that the SEC considers when determining a whistleblower's reward, including the whistleblower's participation in the fraudulent activity. In certain cases, individuals who engaged in the misconduct may still be eligible for a reward; complicit persons should always consult a highly experienced SEC whistleblower attorney before giving the SEC their ... Get more on HelpWriting.net ...
  • 18. Whistleblowers In Law Enforcement Law enforcement has always been an example to their citizens because of the values that these institutions represent like leadership, integrity, fairness, team work and service orientation. When one of these values is broken the rest start falling apart and it slowly starts spreading among the rest of the personnel in the institution until one decides to stand up for what is right. These officers are called "whistleblowers" this term was created in the early 1970s by US civic activist Ralph Nader, this word was used to avoid the negative terms like "snitches" or "informers" and it makes reference to a referee who uses its whistle to call out a foul play. Just like some officers who have spoken out on their colleagues actions. Most... Show more content on Helpwriting.net ... Serpico was just recently transferred to the Narcotics division of the New YorkPolice Department by early 1971. On Feb 3 1971 Frank and two other officers were working in the Hispanic section of Brooklyn on a drug dealer case, when they got to the suspects apartment Serpico was directed by the officer behind him to get in the apartment since he knew Spanish and they would take it after that, the officers beside him were with their guns ready for when he opened the door. By the time Serpico opened the door the suspect pushed it back hitting him in the head and shoulder preventing him from moving. At the moment the officers beside him did not do anything to stop the suspect while Serpico was disabled which caused confusion in him, while he looked at one of the officers with disconcert Frank was shot in the face by the suspect, by reflex he shot back injuring the suspect. Serpico narrated how his backup did not call ambulance or requested assistance they simply just left him there. An old Hispanic man who lived in the building was the one who called an ambulance, with the ambulance a patrol car came along to follow up on the situation and they realized he was a narcotics officer they rushed him to the nearest hospital. Serpico stated that while they were driving him to the hospital an officer said "If I knew it was him, I would have left him there to bleed to death" A real investigation was never conducted in regards to what happened that day but later on, Frank Serpico testified before the Knapp Commission, This made him the first to testify against a fellow officer and also speak out on systematic corruption within the ... Get more on HelpWriting.net ...
  • 19. Whistleblower Protection Act (1989) WHISTLEBLOWER AND PROTECTION AFFORDED According to Halbert & Ingulli (2015) a whistleblower is an individual that given information to the employer, law enforcement or agencies about another individual or business that engage in illegal or unethical practices (p.55). The Whistleblower Protection Act (1989) allows employee to file complaints against their employer that the employer is retaliating and disclosing inappropriate business activities. John can make a complaint that he is the Whistleblower because he gave the attorney the internal memo acknowledging illegal activities. He had concerned about illegal and unethical practices on behalf of PharmaCARE for the use of the drug AD23. Also advised the attorney that PharmaCARE knew that the ... Get more on HelpWriting.net ...
  • 20. The Medicare Bill The Medicare bill was signed into law on July 30, 1965 by President Johnson. The signage came long after an attempt by President Truman to develop a national insurance fund that could be utilized by all Americans. During the signing of the bill, President Johnson explained that with the Medicare program an individual can insure themselves against illness that may present during their senior years. Additionally, he commented that there were more than 18 million low income Americans who are greater than 65 years of age and cannot afford to treat their illnesses. The Medicare program is overseen by The Centers for Medicare and Medicaid Services (CMS), and has evolved over time. Medicare now covers individuals under the age of 65 who ... Show more content on Helpwriting.net ... The goal of this deception is to obtain a federal healthcare payment that would not otherwise exist. The provider, practice, or institution may falsely claim to have provided a service or used supplies for a patient when in reality neither the service nor the supplies were used. A secondary way to commit Medicare fraud involves referrals. If one solicits, pays, or accepts money to encourage referrals because the services are reimbursed by Federal healthcare programs, they are participating in Medicare fraud. This type of fraud is addressed in the Anti–Kickback Statute. Lastly, Medicare fraud occurs when the complexity of services are overstated and billed at a higher than necessary rate. This action violates the False Claims Act which protects the government from being excessively charged for goods and services. Medicare fraud is illegal and remedies are sought at both a civil and criminal level. If a provider, practice, or institution is found guilty of Medicare fraud, the consequences may include a loss of license, monetary penalties, and the inability to participate in Federal healthcare programs. The Office of Inspector General (OIG), which is a part of the U.S. Department of Health & Human Services, has the ability to exclude individuals who participate in Medicare fraud. The guilty party will be listed on a searchable database on the OIG website. The list is officially referred to as the List of ... Get more on HelpWriting.net ...
  • 21. Business Ethics : A Stakeholder And Issues Management... The other two types of whistle blowing that occur are personal and impersonal, where the wrongdoing is be done upon the whistle blower and impersonal where harm is observed upon another. In many cases whistle blowing is believed to occur when an employee's loyalty or attachment is in opposition to their job commitment and job satisfaction. When whistle blowing happens it may have a detrimental effect on relationships between the whistleblower and their co–workers. This can create enemies between fellow employees; the whistle blower may be avoided and mistrusted. "Indeed, whistle–blowing can be discouraged or even punished when the image of the whistle blower is seen as "disloyal" to the organization posing risk of normalizing wrongdoing and ultimately derive the public interest." (Ashforth & Anand, 2003) In the book, Business Ethics: A Stakeholder and Issues Management Approach states a common opinion, "Whistle blowing goes against strong U.S. cultural norms of showing loyally toward an employer and colleagues and avoiding the "snitch" label. However strong cultural norms regarding fairness, justice, a sense of duty and obedience to the law and to one's conscience also exist." (Weiss, 2014) It can be argued that it is impossible to associate loyalty with an abstract entity. An organization is made up of individuals working towards the same goal; loyalty depends on organization commitment and the culture fostered within that organization. It also requires that the ... Get more on HelpWriting.net ...
  • 22. Review the Video Whistleblower Fired for Exposing... Whistleblower Fired for Exposing Truth/Corrupt Government Contractor By Yolanda Holmes Capella University Abstract Navy performed limited background checks on Thompson and Salvatore Carabetta when project was granted. Shaw Group and Carabetta were feuding during project, company rejected warnings from whistle–blower John Jack, costs escalated and components of houses were downgraded without Navy approval. Navy couldn't get documentation out of American Eagle, Navy didn't act quickly on information from John Jack. Principal–agent theory. In this time of ever more scarce government resources, the idea that one level of government can mandate the activities and therefore resource usage of another may seem counter–intuitive. ... Show more content on Helpwriting.net ... It became apparent very quickly that this was not an isolated example; that this was not an isolated problem. Nalder found it in one job after another from Patrick Air Force base in Florida, to fort Leonard Wood Army Base in Missouri. American Eagle's military home –building projects had fallen behind schedule. In Jacksonville, Arkansas, home of Little Rock Air Force Base, local Journalist John Hoffheimer reported that civilians were suffering from American Eagle's actions as well. The first indication there were any problems, occurred when there were rumors that some contractors were being paid late or perhaps not being paid at all. Most of these were small companies, which was putting them in a financial bind. There was one sub–contractor filed for bankruptcy. Dozens of other settle for small percentages of what they owed. However, there was one that held out, Tommy Austin, Cement business. They were contracted to pour the foundations of more that 200 homes for American Eagle. His lawyers are still trying to get all the money he says he was promised. In the end, the Air Force actually bears some of the responsibility because they did not have tight controls over this process Films Media Group. (2009, June 30). The principal agent theory applies to this Whistleblower's Tale because the Navy, (we are going to call them shareholders) ... Get more on HelpWriting.net ...
  • 23. Whistleblowing Whistleblowing LEG 500 Whistleblowing in a Publicly Traded Company Whistleblowing implies the imperative necessity to alert others (company) about immorality issues, including illegal activity, happening inside the organization. For the employee who decides to blow the whistle "usually brings to he/she undesirable consequences." Some consequences are like threats, loss of employment, and social rejection. (Chiu,R. 2003) Whistleblower Traits Whistleblowers are characterized by strong ethic–moral values. They are perceived as an active person with enough courage to expose the wrongdoing occurring inside their company. They are "perceived as altruistically driven individuals who are steered by their attitudes." The ... Show more content on Helpwriting.net ... Ranbaxy agreed with FDA to don't produce drugs for USA until they meet the requirements specified by American standards. Whistleblowing Justification Any pharmaceutical company Pharmaceutical, in North America, has to prove they are making products "bioequivalent" or have the same results as the Original Medicine. The whistleblower was aware that the company was falsifying documents, didn't meet the requirements to produce drugs according with USA regulations. Whistleblower action was justified because the fact that the company was making and selling medicine without scientific support it might put in jeopardy the health of many people who were in taking the drug. Whistleblower protection under the Sarbanes–Oxley Act The Whistleblower was in protected under the Sarbanes–Oxley Act. Whistle blowing protection is important for both Sarbanes Oxley and fraud protection. The Sarbanes –Oxley Act protect employees from publicly traded companies from retaliation against them after report the wrongdoing. In India where the company is located, whistleblowers don't have any protection. In this particular case the investigation took eight years. Thakur contacted the FDA which was in charge to not only investigate the case but to offer protection to him and his family. The company faced civil penalties under the False Claims Act, "which allows citizens to bring civil actions on behalf of the United States and share in any recovery." (McCafferty)
  • 24. ... Get more on HelpWriting.net ...
  • 25. Pros And Cons Of Filing A Whistleblower Suit In my opinion, filing a whistleblower suit is definitely not for the faint of heart. There is definitely anxiety and stress associated with uncovering and eventually reporting alleged fraud. In an effort to prevent the whistleblower from revealing the lawsuit to anyone, whistleblower or qui tam cases are generally filed under court seal. This means the relator cannot discuss the case with family, friends or co–workers until the government has completed their investigation and can oftentimes be difficult on the person bringing the evidence to light, as this may bring about feelings of isolation. The government uses the seal to their advantage in order to covertly investigate any and all allegations surrounding the whistleblower's ... Get more on HelpWriting.net ...
  • 26. The Treatment of Whistleblowers Essay It used to be that whistleblowers were applauded, and they still are in the private sector, but it seems as if government whistleblowers are criticized and many are even criminally charged. There is certainly a different take on their activities. In fact, some advocates counsel federal employees not to come forward with information because if they do, their lives will be destroyed (Shulman, 2007). What often happens is that they will never be able to work in their careers again in the same capacity (Shulman, 2007). Many whistleblowers not only lose their jobs, but they lose their families and friends, and much of their money ends up going to attorneys (Shulman, 2007). Indeed, in today's day and age, there is a surge of whistleblowers... Show more content on Helpwriting.net ... It can take awhile for someone to speak up, and the hesitancy is largely due to a corporate culture that does not support the practice. It should be noted that there are "whistle blowing" statutes in many jurisdictions where an employee is allowed to report illegal activity and will be protected from being fired (Larson, 2003). Indeed, whistle blowing is largely encouraged in society in general as the government wants people to come forward when the giants of Corporate America are doing something bad. Of course, when it comes to leaking government secrets that is a different matter entirely. The National Whistleblowers Center says that under Section 403 of the Intelligence Authorization Act, the head of an employee's agency may accuse a whistleblower of leaking classified information (Burghardt, 2011). If this were to occur, the simple accusation could lead to the individual's blocking of access to federal pensions, and this is true even if they are in retirement (Burghardt, 2011). One case that involves a whistleblower who has been ostracized is Thomas Drake. Drake is a former National Security Agency (NSA) employee (Bishop, 2011). The government pursued him for years, and eventually he would plead guilty to just one misdemeanor in that he used a computer without authorization (Bishop, 2011). What did Drake do exactly? Why is he considered to be a whistleblower and why has he been persecuted by the government? Drake warned the ... Get more on HelpWriting.net ...
  • 27. Characteristics And Impact Of Whistleblowers Characteristics and Impact of Whistleblowers Tony J. Hillian 1–23–15 Professor Weekley Law, Ethics, And Corporate Governance Strayer University Characteristics and Impact of Whistleblowers Corporate America is still reeling from scandals and corporate corruption caused by excessive greed and the need to rake in huge profits. In this paper, the writer will provide some characteristics and impacts of individuals know as "whistleblowers". Whistleblowers have emerged to facilitate corporate executives and corporations being more transparent, and ensuring that stakeholders rights are protected from inordinate corporate greed. The writer provides details and accounts of a recent whistleblower activity, and provides a summation of those activities. Finally, the writer provides perspectives as to the impact the whistleblower's activities ... Show more content on Helpwriting.net ... Personal and Company Effect of Whistleblower's Actions Melamed (2014) reported that O'Donnell received his record–breaking award in part due to a 16% share of a $350 million slice of the penalty levied against Bank of America. O'Donnell is also protected under the Sarbanes–Oxley Act from any retaliation by Countrywide or Bank of America. As for Bank of America, the penalty signaled the beginning of "zero tolerance" for corrupt corporate officials. In the report, Melamed (2014) made reference to comments by U.S. Attorney General Eric Holder that the settlement was commeasure with the level of corruption and should be perceived by other corporates executives as the punishment for any unethical behaviors moving forward. Whistleblower Justification Moberly (2006) argued that with the rash of corporate scandals, and the public's ... Get more on HelpWriting.net ...
  • 28. Qui Tam Actions Seminar Paper SNITCHING FOR RICHES: WHISTLEBLOWER BOUNTIES AND THE $96 MILLION CHERYL ECKARD SETTLEMENT Introduction Bounties have been employed by United States government over the history of our Nation. As differentiated from rewards, which offer payment for accomplishment of a specific act such as providing information that leads to the capture of a particular criminal, bounties are tailored to encourage the services or actions by some class of persons in pursuance of a governmental purpose. One of the earliest examples in the United States is the grant of bounty land grants during both the Revolutionary War and Civil War. For the purpose of encouraging longer military service, this bounty system would offer land to men fit for service in return ... Show more content on Helpwriting.net ... The FCA enforces this statute, in part, by allowing a private person, typically an employee or other agent of the violator with particular knowledge of a violation, to bring suit on behalf of the government, otherwise known as a qui tam action. This qui tam plaintiff, referred to as a relator, is entitled to a bounty between 15% and 25% of the settlement amount in the situation where the government proceeds with the action brought by the relator. In the case where the government doesn't proceed with the action, the relator is entitled to between 25% and 30% of the settlement amount. Traditionally there was a bar that limited a relator from bringing a qui tam action under the FCA and thus being qualified to receive any whistleblower bounty resulting from the settlement. The bar was basically two–fold. The allegations or transactions underlying the action cannot have been publicly disclosed, unless the relator was the original source of the information. Prior to amendment in 2010, this bar required the court to dismiss the action if the allegations had been public disclosed or the relator was not the original source of the information, which resulted in this becoming the primary defense in FCA actions. However, with amendment in 2010, the power to dismiss was effectively shifted from the court to the government with the addition of the language "unless opposed by the Government". ... Get more on HelpWriting.net ...
  • 29. Whistleblower Essay David Robilliard COHP 330 Module 11 1.What is a whistleblower? A person who informs on a person or organization engaged in an illicit activity, who exposes any kind of information or activity that is deemed illegal. How might a company get back at a whistleblower and how does OSHA protect a Whistleblower? Blacklisting Demoting Denying overtime or promotion Disciplining Denying benefits Failing to hire or rehire Firing or laying off Intimidation Making threats Reassignment to a less desirable position Reducing pay or hours Suspension OSHA's whistleblower statutes protect you from retaliation. An employer cannot retaliate by taking "adverse action" against workers who report injuries, safety concerns, or other protected ... Show more content on Helpwriting.net ... 2.What is imminent danger? Definition. Section 13(a) of the Act defines imminent danger as "... any conditions or practices in any place of employment which are such that a danger exists which could reasonably be expected to cause death or serious physical harm How can you refuse to do dangerous work? If the condition clearly presents a risk of death or serious physical harm, there is not sufficient time for OSHA to inspect, and, where possible, you
  • 30. have brought the condition to the attention of your employer, you may have a legal right to refuse to work in a situation in which you would be exposed to the hazard. (OSHA cannot enforce union contracts that give employees the right to refuse to work.) What criteria must be met? You refused to work in "good faith." This means that you must genuinely believe that an imminent danger exists A reasonable person would agree that there is a real danger of death or serious injury There isn't enough time, due to the urgency of the hazard, to get it corrected through regular enforcement channels, such as requesting an OSHA ... Get more on HelpWriting.net ...
  • 31. Whistleblowers In The Workplace A whistleblower is anyone who gains knowledge of illegal activities occurring in an organization and reports this information to the proper authorities. Whistleblowers can be clients, contractors, employees and suppliers. Whistleblowers can be any individual who somehow becomes aware of illegal activities either through witnessing the behavior or being told about it. Companies can also ask for employees to come forward if they witness another employee committing an illicit illegal activity. Whistleblowers can report or file the illicit illegal activity through the workplace but that could end in retaliation by the employer. Whistleblowers can also file their complaints through the occupational safety and health administration website. The ... Show more content on Helpwriting.net ... Shallal alleged that she did not file the claim because she believed she would be fired for doing so. Shallal had an issue that occurred outside of her claim. Quinn then had Shallal fired because of that other issue. Shallal alleged that firing her had something to do with her claim. She used the whistleblower protection act to defend this thought. In a two to one decision, the court of appeals ruled in her favor because her being fired was a direct order from Quinn. I completely agree with this ... Get more on HelpWriting.net ...
  • 32. VA Whistleblower Throughout the history of the United States the government has felt a responsibility to care for those who defend the freedom of the United States. This responsibility is to make sure that our veterans have the best care possible when they return home from war. Since its establishment, the Veterans Affairs (VA) has come under fire from all angles, saying that they are not offering the best possible care for our Veterans. Throughout history yellow journalism has been found to destroy some organizations. The VA is an organization who has experienced the effects of yellow journalism and they are trying to recover. The VA is taking the yellow journalism and turning it into constructive criticism in order to improve their services for the United States Veterans. During the year of 2014 the VA experienced the largest scandal in the past 20 years. The Phoenix, Arizona VA was revealed to have extremely long wait times for the Veterans to receive care. This news led to the Director of the Phoenix VA being accused of ... Show more content on Helpwriting.net ... In the case of the VA scandal many of the whistleblowers are scared about what will happen to them once the information is out there. "VA whistleblower reprisal cases received by OSC has been rising quickly, from 405 in fiscal 2013 to a projected 712 for fiscal 2015 – a 75 percent jump" (Davidson). The idea of the whistleblower is that the truth will be exposed and the problems will be fixed. When a whistleblower decides to come forward they are risking their jobs and how other people view them. According to Sen. Ron Johnson (R–Wis) "The VA has a culture problem with whistleblower retaliation." Basically Sen. Johnson is saying that if a person decides to come forward they are not guaranteed protection from retaliation by coworkers. Without these whistleblowers the VA scandal would not have come to light. The country never would have known about the falsifying of patient documents or the other problems facing the ... Get more on HelpWriting.net ...
  • 33. Whistleblower: Protected Disclosure Whistleblowers What is the Whistleblowers Protection Act? The Whistleblowers Protection Act 2001 ("the Act") supports the Government's commitment to the principles of open, honest and accountable governance. It is designed to protect the public interest by: exposing serious public sector wrongdoing; ensuring public organisations are responsible and accountable; and protecting whistleblowers from detrimental action and protecting their privacy. How do I become a whistleblower? A whistleblower is any person who makes an allegation about improper conduct by staff of the Department of Human Services or the Department of Health ("the departments") or funded agency. Making a disclosure under the Act can be done either orally or in... Show more content on Helpwriting.net ... What happens once the PDC determines that a protected disclosure has been made? Once the PDC determines that a 'protected disclosure' has been made, the PDC must assess whether it also constitutes a 'public interest disclosure.' In order for the PDC to be satisfied that a public interest disclosure exists, the disclosure must show that a public body or public officer: has engaged, is engaging or proposes to engage in improper conduct in their capacity as a public officer or public body; or has taken, is taking or proposes to take detrimental action. If the PDC determines that a 'public interest disclosure' exists, the whistleblower will be notified of the decision and the disclosure will be referred to the Ombudsman for How CIIRu handles whistleblower complaints Whistleblower complaint made Is it a 'Protected Disclosure' under Part 2 of the Act? No Yes Need more information? If you would like to make a Whistleblower complaint, please contact the Protected Disclosure Coordinator on: 1300 131 431. Please note: Your call will go through to an automated answering service and will only be recieved by the Protected Disclosure Coordinator. For further general information on Whistleblowers consult: Manager CIIRu/Whistleblowers on (03) 9096 7312 Manager Fraud Control/Whistleblowers on (03)
  • 34. ... Get more on HelpWriting.net ...
  • 35. Opposition to Leakers Are government whistleblowers acting in the public interest, or do they endanger the public by exposing classified information? Just as government transparency has waned in recent years, there have been several instances of very public national intelligence whistle–blowing. Large scale leaks such as those published by The Guardian and WikiLeaks have prompted debate on issues of government secrecy, as well as the balance between security and liberty. High profile whistleblowers like Bradley Manning, Julian Assange, and Edward Snowden have, at great personal risk, leakedclassified information to the public in the interest of transparency. Leaked media and documents range from embarrassing, to potentially dangerous. Heightened levels of ... Show more content on Helpwriting.net ... New York Times reporters James Risen and Eric Lichtblau were awarded the Pulitzer Prize; Drake was indicted under the espionage act (Wise). The NSA came under scrutiny again in 2013 when Edward Snowden revealed large scale data collection and surveillance programs. As history can attest, government whistleblowers act honorably for the greater good despite threat of prosecution. Government transparency, especially in acts of war, is important to a functioning democracy. J. William Leonard, former US classifications czar, In the documentary We Steal Secrets: The Story of WikiLeaks, illustrates, "To have those types of decisions, those types of deliberations, done in secrecy is a tremendous disservice to the American people – because these are things being done in their name – so, whether you agree with them or not, to have a free back–and–forth airing of these is essential". In support of these concepts, those behind WikiLeaks and other government leaks have taken great risks. Birgitta Jonsdottir, member of WikiLeaks and Icelandic parliament, stated, "We were working on something that we knew that could get us into serious trouble and we were all willing to take that consequence" ("We Steal Secrets"). In We Steal Secrets, instant messages between Bradley Manning and the man who eventually turned him in, hacker ... Get more on HelpWriting.net ...
  • 36. Protection for Whistleblowers in Malaysia 1.0Introduction Legislative protection in Malaysia of whistleblowers is not an entirely new concept. Legislation mandating personnel to disclose the existence of offences involving fraud or dishonesty, and the attendant legal protections, already exist in certain sectors. The Whistleblower Protection Act 2010 ("WPA"), which came into force on 15 December 2010, is intended to provide all–encompassing protection to the private and public sectors. One of the WPA's key objectives is to fill in the gaps left by the said sectored–specific legislation. The objective of this act is to give safeguard to the whistleblower in the form of confidentiality of their information, immunity from civil and malefactor action and safeguard from detrimental action being taken against them. Whistleblower protection is one of the Malaysian Government's efforts towards tackling corruption and promoting good governance under Regime Transformation Programme (GTP). The WPA is also a key legislative initiative to combat corruption by facilitating protected disclosures through immunity from civil and criminal actions, confidentiality of information disclosed and protection from retaliatory action. The WPA will, for the first time, introduce employment –specific criminal liability for retaliatory action taken at the workplace. Employers in Malaysia should therefore review and, if necessary, implement appropriate revisions to their existing whistleblower policies. Dworkin & Baucus, Park & ... Get more on HelpWriting.net ...
  • 37. Whistleblowers Research Paper It is popularly believed, even by presidential candidate Hillary Clinton, that whistleblowers only break promises of the nation, and release critically secret information to the everyday public. Many believe that they should be punished for this violation of secrecy. Yet, perhaps what they release could be saving the country and government. Secrets in government of war and finances can be detrimental to the health of the United States of America from the spread of conspiracy theories and due to the fact that the government, which should be protecting the people, is sneaking behind citizen's backs and making their own worldwide decisions. Whistleblowers are needed to create a prosperous and stable country if our government is going to be this corrupt with their secrets. Corruption with government secrets is a main topic as to why whistleblowers are needed. There is a fine line between what the government needs to hold and what the government should share, but it is popularly believed that the government needs to release more so it can actually feel like the people get their own say. Whistleblowers don't just believe that there are huge amounts of secrets that need to be released, but they only say what must be said. Edward Snowden was a technical assistant who worked for the NSA and ... Show more content on Helpwriting.net ... Even the Whistleblower Protection Act was about government workers who planned to release information due to the fact that it's a corrupt idea to hold secret must go through a process with the government to work out the problem which probably wouldn't draw anyone to not illegally sell information. The IG for Department of Justice Michael Horowitz claimed that all whistleblowers want to do is release information that they will think help the country to know. So far, the this has been the case, and many supporters have come out to say that the revealed secret holds use at how the government was being corrupt for holding on to ... Get more on HelpWriting.net ...
  • 38. Essay On Whistleblower Protection Act Whistleblower Protection Enhancement Act of 2012 Introduction Often the debate arises of whether human–beings are born with an innate sense of "right–from–wrong" and most often the consensus is, yes. The later question might then be, what makes a person question doing the right thing? In the reality of someone who may be labeled a "whistleblower," apprehension to report wrongdoings may reasonably come from fear of retaliation. Particularly when the wrong–doing is occurring within the federal government and/or secret intelligence community. Who will stand up to these powers and what protection can policy afford those that take the ultimate risk in "doing the right thing" by unveiling the crimes of waste, fraud, and abuse within our government ... Show more content on Helpwriting.net ... [R–IA], C. (2015, July 30). Text– S.Res.236 – 114th Congress (2015–2016): A resolution designating July 30, 2015, as "National Whistleblower Appreciation Day". | Congress.gov | Library of Congress. Retrieved from https://www.congress.gov/bill/114th–congress/senate–resolution/236/text Kasner, A. J. (2015). NATIONAL SECURITY LEAKS AND CONSTITUTIONAL DUTY. Stanford Law Review, 67(1), 241 –283. Retrieved from https://nuls.idm.oclc.org/login?url=http://search.proquest.com.nuls.idm.oclc.org/docview/1661722557?accountid=25320 Lohman, A. (2015). SILENCE OF THE LAMBS: GIVING VOICE TO THE PROBLEM OF RAPE AND SEXUAL ASSAULT IN THE UNITED STATES ARMED FORCES. Northwestern Journal of Law and Social Policy, 10(1), 230 –279. Retrieved from https://nuls.idm.oclc.org/login?url=http:/ /search.proquest.com.nuls.idm.oclc.org/docview/1667167592?accountid=25320 Lucas, G. R. (2014). NSA management directive #424: Secrecy and privacy in the aftermath of edward snowden. Ethics & International Affairs, 28(1), 29–38. doi:http://dx.doi.org.nuls.idm.oclc.org/10.1017/S0892679413000488 Meyer, D., & Berenbaum, D. (2015). THE WASP'S NEST: INTELLIGENCE COMMUNITY WHISTLEBLOWING & SOURCE PROTECTION. Journal of National Security Law & Policy, 8(1), 1–49. Retrieved from ... Get more on HelpWriting.net ...
  • 39. My Response to an Inspiring Blog About Whistle Blowing... Thank you for your inspiring blog. In your blog post you raised the issue of whether whistleblowing is believed to be morally right or wrong. Davies states that Whistleblowing always comprises a definite or at least acknowledged an objective to prevent something bad that would otherwise occurs. What Vokes has done is ethically correct. He followed the proper channels, which is to approach his company's managers and seniors. This is because he was not pleased with the overall care from the company. You have rightly pointed out the position of Vokes and his tactic before going public as awhistleblower. The actions and the approach have a place in Davies "Theory of Complicity". This is demonstrated by the circumstance that Vokes morally... Show more content on Helpwriting.net ... Therefore, one has to ask how can a practice that has brought about so much good and prevented so much harm not be ethical. In your blog post, you said that "even the most dedicated that there must be a limit to the amount of loyalty that an employee has towards the business." I should argue that there should be no reason why an employee should have loyalty to the company. Vokes has ethical duty of blowing the whistle to sure there is a safe place to work which will increase happiness and decrease harm. Duska claimed that a person may have a casual relationship but they do not owe any loyalty to these casual encounters. Duska also believed that the main goal of a business is to make profit, if you do not make a profit your business will soon ceased to end. A relationship that requires loyalty is of give and take which involves faithfulness, honesty, reliability and mutual enrichment. Loyalty requires us to consider the needs of others and not to always act in own self–interest. So, loyalty requires only people with constant relationship in our lives whom we trust them but not just any relationship. Some however see it as an act of disloyalty to the employer who is the means of the employee's livelihood. Duska argues in his article of "Whistleblowing and Employee loyalty" that is no obligation to loyalty because a company is not a person, it's an instrument with a specific purpose of making a profit. He defines a loyalty relationship as ... Get more on HelpWriting.net ...
  • 40. What Is The Case Of Healing Hospital England Whistleblower The case about Ealing Hospital England and its whistle–blowing is one of the most popular whistle–blowing incidents in the recent times. Miss Sharmila Chowdhury is a whistleblower in this case. A person who uncovered any kind of details or facts that is unlawful, illicit, criminal, dishonest or incorrect within any corporation is known as whistleblower. A whistleblower has two options to bring information or accusation to surface by internally or externally. Internally, a whistleblower can lead his/her statement to awareness of other people within the accused corporation. Externally, a whistle–blower can also contact a third party outside of the corporation such as media. So the question arises, is a whistleblower a ... Get more on HelpWriting.net ...
  • 41. Whistleblowing And Sarbanes Oxley Due Whistleblowing and Sarbanes–Oxley Due Whistleblowing can be described as the disclosure of illegal, immoral, underhand or unlawful transactions, deals or practices of their employers or companies to people, institutions that are most likely to take action. What sets whistleblowing apart from other types of disclosures such as a tell–all is that it is made for the purpose of reporting wrongdoing in a company or organization to an agency or person that can take some actions. Whistleblowing is gaining popularity at such a fast pace, and more people are coming forward with dirty deals of their companies in the hope that something can be done about it. The reasoning behind whistleblowing is that the rights and interests of the public are hampered and interfered with by organizational abuses that go against the accepted societal norms and may breed inefficiency if something is not done about it (Weinstein, 1979). Organizations that encourage a culture of whistleblowing by their employees have been known to be more transparent characterized by free employee communication and trust. The benefit of this is that wrongs can be easily detected, and it also promotes an ethical work environment (Berry, 2004).However, whistleblowing is not an easy thing that anyone can do especially in an organization. It always come with consequences that may not only affect the whistleblower but often those he cares deeply about such as spouse and ... Get more on HelpWriting.net ...
  • 42. Whistleblowing Essay AC 4001 – Interim Assignment – 2012/2013 Name: James Nicholas Anthony Cassin Student No: 109444602 Word Count: 1988 I don't agree with the statement provided that 'whistleblowing' is an enemy of business and creates suspicion and disharmony. This is simply the old traditional view of the idea of whistleblowing that there is a spy or snitch within the camp looking after his/her own interests. This old and traditional view is largely based on the case that employee's within organisations had very little rights and they weren't encouraged to be vocal about any misbehaviour or inappropriate dealings they would have witnessed within the organisation. The idea that whistleblowing is encouraging a widespread disunity within a firm is a purely ... Show more content on Helpwriting.net ... This is to ensure that the whistleblowing allegations are dealt with in a fair and transparent manner for the benefit of the employee and the organisation." So the obvious objective out of this of this act is to ultimately benefit the organisation as a whole and make it more credible to public users who use the organisation that the best practices are being implied and in turn everyone can feel confident that the organisation is run right. The point can be made that "whistleblowing" within a firm, large or small can be encouraged by putting in place policies and a process within a firm that will protect the employee's and benefit the organisation by: * Avoiding any unnecessary and unwanted publicity in the event that some of the staff within the organisation are engaged in bad behaviour. * There may be the benefit of generating positive publicity from a social responsibility perspective. * It may reinforce a culture of values–based leadership and senior management accountability. * It may increase ... Get more on HelpWriting.net ...
  • 43. Is Whistleblowers Right To Know? Argumentative Essay:Whistleblowers are people who declassify government secret because things might question the ethics of what the government is doing. The citizen might find something out and feel it is wrong and against human law. So that person might go to the press or live TV. Somewhere to have their voice and findings heard. They expose the government for what they have done. Some question if that is just as wrong for betraying or if it's the citizens rights to know. Sometimes the government crosses the line and someone finally says what needs to be heard. Whistleblowers are not in the wrong for exposing people that are doing wrong. Whistleblowers are typically just normal American citizens that find out maybe something they shouldn't. An example is after the 911 attacks, a employ of the NSA was trying to prove a theory he had about the attacks. But instead he found out that the NSA was going against the right of privacy. The NSA was tapping into phone conversations and listening to people's phone calls. So the employee, Thomas Drake, started telling a news reporter of his findings after his boss dismissed his findings. The government was going to far and invading citizens privacies. They knew it was wrong too yet they still did it. But that's not the only case. Many people have found out things and gave it out because citizens have a right to know. There is now laws that protect whistleblowers against corporations so that... Show more content on Helpwriting.net ... He would hack into government computers and steal information and release it to the web for anyone to know the truth and for anyone to make a news story about it. He built a team and they sought after information to expose the government. The hacker released a video of an aircraft shooting unarmed civilians in Baghdad. He released the footage and many people saw it and the government was once again busted by a ... Get more on HelpWriting.net ...