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Protecting Whistleblowers
In the Medical Community
Dr. Janet Parker DVM
Medical Whistleblower
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Heed Warnings!
The big lesson of the 1990's isn't that the
intelligence agencies had no idea of the
threat we faced. It is that even their repeated
warnings were not sufficient to change
national priorities.
Paul R. Pillar
National Intelligence Officer for the Near East and South
Asia CIA
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3.
Today’s Situation
Assumptions
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4.
Assumption # 1
Corruption does occur in the Medical
Community. They have access to
restricted drugs, precursor
chemicals, medical equipment and
supplies and also the opportunity to
provide warning to criminals of law
enforcement efforts, protection of criminal
enterprises, and money laundering
services.
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Assumption # 2
Currently medical whistleblowers can be
completely silenced through the corrupt
exercise of power by the Medical Quality
and Control System. In some States this
system does not allow for even civil or
criminal liability when a doctor was
inappropriately targeted and censored by
the system. If the system is controlled by a
corrupt individual all actionable intelligence
can be stifled.
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Assumption # 3
• Those on the front lines of the fight to
prevent medical abuse, neglect and
fraud frequently are ignored or
harassed for committing the truth.
• We need a better system to protect
whistleblowers who have risked
retaliation and been harassed for
“telling the truth”
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7.
The Canary
Used for detecting toxic or explosive
gases in coal-mines
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8.
Whistleblowing
Only when the message is unwelcome is it
considered to be whistleblowing.
We need to avoid the mistake of thinking
that conclusions reached by consensus
should routinely trump those of alone
dissenting voice.
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Whistleblowers
In this time of danger, isn't it
time to stop shooting the
messenger?
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10.
WHISTLEBLOWING
The exposure, by people within the
organization of:
• ILLEGAL OR UNETHICAL ACTIVITY
• SIGNIFICANT MALADMINISTRATION
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CORRUPT CONDUCT
• Attempts to prevent “the honest &
impartial exercise of official functions”
• A breach of public trust
• Misuse of information or material
• Conduct involving
bribery, blackmail, secret
commissions, fraud, theft, tax & revenue
evasions
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MALADMINISTRATION
• Serious & substantial waste of public money
• Contrary to law
• Unreasonable, unjust, oppressive or improperly
discriminatory
• Based wholly or partially on improper motives
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IT IS NOT
Activities that the whistleblower
believes are incompetently managed
or that the organization should be
pursuing
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Who Whistleblows?
• Most are natural conformists. That is, they are
people who do not normally question authority.
They support and believe in the system. They
are most reluctant to rock the boat, but have
been so shocked by what they have seen they
felt they had no choice but to speak out.
• Whistleblowing is usually even more tragic for
them than for the natural dissenter, since the
corrupt and unexpected response of their
organization, and of 'protection' agencies, is a
terrible betrayal of their entire belief system.
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REASONS FOR WHISLEBLOWING
IDEALISTIC……
Honesty
Efficiency, Correctness
Support for „Victim‟ (of fraud)
DEFENSIVE…….
Against being associated with an illegal act
NEGATIVE…….
Dislike of supervisor
Paranoia (WB‟er is the victim)
Loud Mouth
To avoid censure
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16.
RETRIBUTION
WHISTLEBLOWING GENERATES
CONSIDERABLE HOSTILITY
From the people targeted by the
whistleblower and by the
organization generally.
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17.
Tacit Acceptance of
Corruption
• Retaliation is orchestrated and powerful -
'crushing' is the word most victims use to
describe it.
• It usually involves the whistleblower's
potential supports, and it rewards the
deviant(s) while penalizing the
whistleblower.
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Retaliation to Whistleblower
• The reaction to the canary is
representative of the organization's
response as a whole.
• This classical response means the activity
the whistle was blown on is endemic and
tacitly accepted within the organization.
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RETRIBUTION
REASONS FOR HOSTILITY:
• A BELIEF THAT THE WHISTLEBLOWER IS
DISLOYAL
is
• Acting against basic instincts of solidarity and
mutual protection (“tribal” instincts)
• Destroying security (jobs & income) of colleagues,
• “Stealing” information (unfortunately necessary to
prove accusations)
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The Poisoned Canary
• Management doesn’t say 'we've got a
problem here, let's fix it before we have a
disaster'
• Instead they start bad - mouthing the
canary
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The Poisoned Canary
• Instead the Canary ……..
• Has a personality disorder
• Is faking it to get compo
• Was sick before it went down the mine
• Is a no-good ratbag troublemaker
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Strength of Retaliation =
Size of Problem
When they first blow the whistle they
are aware only of corruption at their
level in the organization, and their
initial complaints may be about
relatively minor matters.
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23.
After years of victimization
Evidence proves that corruption and the
protection of those involved in it extends
further up the line, to the top or
beyond, and is far greater in extent and
seriousness than they had ever
suspected.
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24.
Organized Crime
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Organized Crime
• Go to great lengths to protect themselves and
their investments and assets
• May seek to minimize risk by dealing only with
trusted contacts
• Collaboration is crucial to serious and organized
criminals. They form groups and networks.
• Some individuals may be recruited because they
are themselves vulnerable, perhaps in debt to
the criminals, drug dependent or considered
unlikely to go to the police.
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Coercion, Corruption &
Deception
• In order to avoid detection and prosecution by
law enforcement organized criminal operations
use coercion, corruption or deception
• Money launderers are professional criminals
who provide their services on a continuing basis.
• While coercion is used in support of different
money-making criminal activities, it is particularly
prominent in the heroin and cocaine trades
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Coercion
• The use of threats and actual violence to silence
potential witnesses, or to force individuals to act
against their will
• Witnesses and victims are pressed to keep silent
or retract statements
• Vulnerable individuals (such as drug addicts) are
forced to sell drugs or provide moneylaundering
services.
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Corruption
• Used to discover information about the status
and direction of law enforcement.
• To identitify of surveillance vehicles, informants
or witnesses.
• To discover general information concerning law
enforcement
capabilities, procedures, operational priorities
and resource deployments
• To povide an insurance policy in the event of an
arrest and create the possibility for evidence to
be tampered with or destroyed.
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29.
Corruption
• Money or other material rewards appear to
be a significant motivation for those who
become corrupt
• A number of the corrupt relationships that
have been uncovered seem to have been
motivated not by money but by
friendship, family ties or group loyalty.
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Deception
• Organized criminals use basic evasion
techniques and even more sophisticated
methods
• Legitimate or quasi-legitimate businesses are
used most obviously to launder the proceeds of
crimes, but they are also used to facilitate illicit
trades and in some instances to fulfill a desire
for social acceptability and status.
• Front companies are essential for certain frauds.
• Businesses provide cover for purchases of
regulated items, such as precursor
chemicals, and for shipments of illicit
commodities
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Recommendations
• Propose legislation to change MQAC authority to
allow alternative safe options to medical
whistleblowers
• Provide a new framework for cooperative
communication and cross agency training for
law enforcement and the medical community.
• Support National Whistleblower Protection
legislation
• Support Anti-bullying legislation
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Organizations
• Semmelweis Society International
http://www.semmelweis.net/
• AAPS American Association of Physicians and Surgeons
http://www.aapsonline.org/
• GAP Government Accountability Project
http://www.whistleblower.org /template/index.cfm
• Project on Government Oversight POGO
http://www.pogo.org/index.shtml
• Veterans Affairs Whistleblower Coalition
http://www.vawbc.com/
• The National Security Whistleblowers Coalition
http://www.nswbc.org/
• No Fear Coalition
http://groups.msn.com/NoFearCoalition
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Contact
Dr. Janet Parker DVM
Executive Director, Medical
Whistleblower
P.O. Box C
Lawrence, KS 66044
MedicalWhistleblower@gmail.com
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