Silencing A Whistleblower

This book examines how insufficient policies can lead to the alleged abuse of power in organisations. When independent ethical structures and processes are missing or weak, practices of abuse, misconduct and cover-ups can easily arise at the leadership level. Even organisations that specialise in good governance are no exception, as illustrated by this case study on arguably the world's most influential anti-corruption NGO, Transparency International (TI). Written by the former Managing Director of Transparency International, this book chronicles its ethical breakdown over a 5-year period starting in 2015. By comparing TI's whistleblower policies with its internal whistleblower practices, it demonstrates how the organisation gradually became trapped in a vicious cycle of secrecy, corruption and lies. The author chronologically tracks TI's practices, drawing on 12 whistleblower complaints filed with TI since 2017, as well as communications with TI, international donor agencies, and other international civil society organisations from 2015 to 2020 to do so. The chronological format aptly reveals the snowball effect that ethical weaknesses can create over time, as well as the emotional warfare that whistleblowers are typically subjected to. The unfolding chronology also shows what it means to be a whistleblower for an organisation that avoids public transparency, reporting on and scrutiny of its own practices. "Former Managing Director Cobus de Swardt has written a compelling story of abuse of authority and unethical conduct at the apex of the very organization expected to safeguard accountability in governments and corporations around the world. As Silencing a Whistleblower reveals, Cobus de Swardt's disclosures were and are a milestone in the accountability world because of the institutional hypocrisy he exposed." Beatrice Edwards, former Executive Director of the Government Accountability Project (GAP) "Cobus de Swardt's must-read account of his travails in Transparency International (TI) as he tried tirelessly to blow the whistle on leadership abuses is a tragic, yet vitally important warning. Even those organizations avowedly dedicated to openness, accountability and integrity, must be constantly vigilant to ensure that they do not fail their most able and dedicated employees." Frank Vogl, Co-Founder and former Vice Chair, Transparency International.

This book examines how insufficient policies can lead to the alleged abuse of power in organisations. When independent ethical structures and processes are missing or weak, practices of abuse, misconduct and cover-ups can easily arise at the leadership level. Even organisations that specialise in good governance are no exception, as illustrated by this case study on arguably the world’s most influential anti-corruption NGO, Transparency International (TI). Written by the former Managing Director of Transparency International, this book chronicles its ethical breakdown over a 5-year period starting in 2015. By comparing TI’s whistleblower policies with its internal whistleblower practices, it demonstrates how the organisation gradually became trapped in a vicious cycle of secrecy, corruption and lies. The author chronologically tracks TI’s practices, drawing on 12 whistleblower complaints filed with TI since 2017, as well as communications with TI, international donor agencies, and other international civil society organisations from 2015 to 2020 to do so. The chronological format aptly reveals the snowball effect that ethical weaknesses can create over time, as well as the emotional warfare that whistleblowers are typically subjected to. The unfolding chronology also shows what it means to be a whistleblower for an organisation that avoids public transparency, reporting on and scrutiny of its own practices.

UPDATED IN MARCH 2013 to include the historic $104-million Bradley Birkenfeld whistleblower case and more! From the nation’s leading whistleblower attorney, comes the third edition of the first-ever consumer guide to whistleblowing. In The Whistleblower’s Handbook, Stephen Martin Kohn explains nearly all federal and state laws regarding whistleblowing. In the step-by-step bulk of the book, he also presents twenty-one rules for whistleblowers.

First introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights’ case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union’s approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations’ own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.

The unbelievable true story of the young woman who faced down one of the most valuable startups in Silicon Valley history--and what came after In 2017, twenty-five-year-old Susan Fowler published a blog post detailing the sexual harassment and retaliation she'd experienced as an entry-level engineer at Uber. The post went viral, leading not only to the ouster of Uber's CEO and twenty other employees, but "starting a bonfire on creepy sexual behavior in Silicon Valley that . . . spread to Hollywood and engulfed Harvey Weinstein" (Maureen Dowd, The New York Times). When Susan decided to share her story, she was fully aware of the consequences most women faced for speaking out about harassment prior to the #MeToo era. But, as her inspiring memoir, Whistleblower, reveals, this courageous act was entirely consistent with Susan's young life so far: a life characterized by extraordinary determination, a refusal to accept things as they are, and the desire to do what is good and right. Growing up in poverty in rural Arizona, she was denied a formal education--yet went on to obtain an Ivy League degree. When she was told, after discovering the pervasive culture of sexism, harassment, racism, and abuse at Uber, that she was the problem, she banded together with other women to try to make change. When that didn't work, she went public. She could never have anticipated what would follow: that she would be investigated, followed, and harrassed; that her words would change much more than Uber; or that they would set her on a course toward finally achieving her dreams. The moving story of a woman's lifelong fight to do what she loves--despite repeatedly being told no or treated as less-than--Whistleblower is both a riveting read and a source of inspiration for anyone seeking to stand up against inequality in their own workplace.

From Erin Brockovich to Enron, whistleblowers who “challenge abuses of power that betray the public trust” have proven to be an unfortunate necessity in modern business culture. Their efforts to report crimes, fraud, and dangers to public health and safety have saved millions of lives and billions of dollars of shareholder value – and had we heeded the warnings of whistleblowers, perhaps disasters such as the Bernie Madoff scandal and the Lehman Brothers meltdown could have been averted. Recent federal legislation in finance and health reform have cemented legal protections and mechanisms for whistleblowing. This book provides a thorough guide and history to the whistleblower's legal rights. The ultimate survival guide, it provides advice on getting help and finding allies, warns that retaliation is often the reward for "committing the truth" and shows how to weather the storm. With extensive legal texts, sample letters, resources, and information on upcoming whistleblower reforms, this is the ultimate source on the subject.

A qualitative analysis of societal silences, demonstrating how the unsaid directs social action and shapes individual and collective lives.

In 2015, the corporate world was jolted as the Securities and Exchange Commission brought forth the first of a series of enforcement actions against employer-mandated confidentiality agreements to silence would-be whistleblowers. KBR Inc. (“KBR”) was the first to incur SEC sanctions for contractually restricting its employees from becoming whistleblowers by requiring them to seek internal approval before making any external disclosures. Contractual restrictions on SEC whistleblowing are made unlawful by Dodd-Frank's Rule 21F-17, which bars any actions taken to impede potential whistleblowers from reporting wrongdoing to the SEC. Lying dormant until the KBR action, Rule 21F-17 now provides the SEC with an active enforcement mechanism through which the agency regularly penalizes employers for imposing similar restrictions. Although it is now clear from a regulatory standpoint that such confidentiality agreements violate the law, Rule 21F-17 is void of any guidance or explanation as to a much thornier question -- whether employers may lawfully restrict their employees from turning over to the SEC internal, confidential documents that support their whistleblowing disclosures. Case law interpreting Rule 21F-17 is similarly lacking. While incorporating the results of a request made by the author under the Freedom of Information Act (“FOIA”) pertaining to the Dodd-Frank whistleblower submission process and frequency of use, this Article is the first scholarly attempt to fill this void in the law. By integrating law from related legal doctrines, including contract law, employment law, and False Claims Act case law, this Article proposes regulatory amendments to Rule 21F-17 that balance the employer's concerns of safeguarding confidential documents with the whistleblower's need for providing documentary support of their claims and in furtherance of public policy. Such clarifications to the law will not only allow the SEC and future courts to point to a clear mechanism to determine the lawfulness of such transmissions, but will, most importantly, provide advance guidance to whistleblowers as to the boundaries of relying on documentary support in their revelations of wrongdoing.

This book explores the fundamental questions about whistleblowing and summarizes what we know about the experiences of whistleblowers. It provides a detailed summary of the current legal protection for whistleblowers and some general guidelines for reporting misconduct.

No nightmare anticipated this. You are not a criminal, or gang member, or drug dealer, yet there are people trying to destroy your life. They lie, deceive and manipulate. They plant evidence. They turn everyone against you. And, worst of all, they hire an expert skilled in the dark arts of twisting the psychological knife until you break. And why? Why does all this happen to a quiet, meek, middle class woman like you? Because you spoke up at work about fraud and unprofessional behaviour. You didn't know you were a whistleblower. You didn't want to be a whistleblower. You just tried to do a good job. Now they are trying to wreck your reputation, career, friendships, health and even your sanity. They increase the stress month by month. This is not the Soviet Union or North Korea. This is Britain. This is now. This is our cosy world of village greens, coffee shops and BBC news. Inspired by real events, this is the story of a hidden scandal at the heart of Britain: the legal psychological assault of those who speak up about abuse, or fraud, or avoidable deaths.