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Index
Cover Page
Title Page
Copyright Page
Dedication
Contents
Foreword by Dr. Jeffrey Wigand
Introduction: Whistleblowing in Corporate America
The Need for This Handbook
A Message to Corporate Leaders
Chapter 1 Deciding to Blow the Whistle
What Constitutes a Whistleblower Case?
Facing Conflicting Values and Goals
Whistleblowers at Their Best
Reality Check for the Aspiring Whistleblower
Shooting the Messenger
The Personal Price
Chapter 2 The Red Flags
Targeting Dissenters: Tactics of Retaliation
Spotlight the Whistleblower, Not the Wrongdoing
Build a Damaging Record against the Whistleblower
Threaten Them
Isolate Them
Set Them Up for Failure
Physically Attack Them
Eliminate Their Jobs
Paralyze Their Careers
Blacklist Them
Neutralizing Dissent: Tactics of Cover-Up
Gag the Employees
Study It to Death
Separate Expertise from Authority
Institutionalize Conflict of Interest
Keep Them Ignorant
Prevent the Development of a Written Record
Rewrite the Issues
Scapegoat the Small Fry
Chapter 3 What to Know Before You Blow
Be Clear about Your Objectives
Anonymity versus Going Public
Questions to Help You Decide
Thirteen Essential Survival Tips
Maintaining Your Sanity
Relationships, Relationships, Relationships!
Building Partnerships
Gathering More Information
Corporate Filings
Other Information in the Public Record
Freedom of Information Act
Public Interest Organizations and the Media
A Note on Defamation
Public Figures versus Private Citizens
Truth as an Absolute Defense
Chapter 4 Where to Go When You Want to Blow
Whistle Where You Work: The Corporate Channels
In-House Disclosure Programs
Going up the Chain of Command
Pointers for Taking It up the Chain
Whistleblowing to Regulators and Law Enforcement
The Problem of Regulatory Capture
Pointers for Taking It to an Agency
Whistleblowing to Congress
Risks and Rewards of Taking It to Congress
Pointers for Taking It to Congress
Blowing the Whistle on Fraud through the Courts
Origins of the False Claims Act
How a False Claims Suit Works
Considerations before Filing a False Claims Suit
Whistleblowing and the Media
News Media
Pointers for Taking It to the News Media
New and Social Media
Pointers for Using Social and New Media
Chapter 5 Getting Help in Blowing the Whistle
Advocacy Partners: A Whistleblower’s Best Friend
Public Interest Organizations
Employee Organizations
Employee Support Organizations
Professional Associations
Considerations before Working with Advocacy Partners
Questions to Ask before Taking on an Advocacy Partner
Whistleblowing on the Web
WikiLeaks and Similar Sites
Whistleblowers and Their Lawyers
Considerations before Selecting a Lawyer
Pointers for Choosing a Lawyer
Pointers for Working with Your Lawyer
Terminating the Attorney-Client Relationship
Chapter 6 Whistleblowing and the Law
SOX and Federal Whistleblower Statutes: A Mirage of Protection
Your Rights on Paper
SOX on Paper
Your Rights in Reality
What Went Wrong: OSHA
What Went Wrong: ARB
The Times Are They a-Changin’?
Pointers for Filing a SOX Whistleblower Complaint
False Claims Act
State Statutory Protections
Common-Law Protections
Chapter 7 Corporate Whistleblower Reform
The Principles of Reform
Citizen Enforcement Act
Corporate Policies and Guidelines
Corporate Whistleblower’s Bill of Rights and Responsibilities
Alternative Dispute Resolution
Types of Alternative Dispute Resolution
The Hanford Concerns Council
Conclusion
Whistleblower Toolkit
Tool A: Filing a Sarbanes-Oxley Whistleblower Complaint
Tool B: Sample FOIA Request Letter
Tool C: Public Interest Organizations
Tool D: Online Resources
Tool E: Federal Statutes with Corporate Whistleblower Provisions
Tool F: International Ombudsman Association Standards of Practice
Tool G: International Best Practices for Whistleblower Policies
Tool H: Model Whistleblower Hotline Policy
Tool I: Model Citizen Enforcement Act
Acknowledgments
Notes
Glossary
Bibliography
Index
About the Government Accountability Project
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