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Protecting Whistleblowers

   In the Medical Community
     Dr. Janet Parker DVM
     Medical Whistleblower

                              1
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


                                                            2
Today’s Situation

   Assumptions




                    3
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.
                                              4
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.
                                             5
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”
                                             6
The Canary
Used for detecting toxic or explosive
gases in coal-mines




                                        7
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.


                                           8
Whistleblowers


In this time of danger, isn't it
time to stop shooting the
messenger?


                                   9
WHISTLEBLOWING
 The exposure, by people within the
 organization of:

• ILLEGAL OR UNETHICAL ACTIVITY



• SIGNIFICANT MALADMINISTRATION


                                      10
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
                                         11
MALADMINISTRATION
• Serious & substantial waste of public money

• Contrary to law

• Unreasonable, unjust, oppressive or improperly
  discriminatory

• Based wholly or partially on improper motives

                                                   12
IT IS NOT


Activities that the whistleblower
believes are incompetently managed
or that the organization should be
pursuing




                                13
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.
                                                     14
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
                                             15
RETRIBUTION
WHISTLEBLOWING GENERATES

  CONSIDERABLE HOSTILITY

From the people targeted by the
whistleblower and by the
organization generally.


                                  16
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.
                                               17
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.


                                           18
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)

                                                       19
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



                                                20
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


                                            21
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.


                                        22
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.


                                             23
Organized Crime




                  24
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.

                                                  25
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
                                                    26
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.

                                                    27
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.
                                                   28
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.
                                               29
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
                                                     30
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

                                               31
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
                                                    32
33
Contact

     Dr. Janet Parker DVM
  Executive Director, Medical
          Whistleblower
          P.O. Box C
      Lawrence, KS 66044
MedicalWhistleblower@gmail.com

                                 34

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Protecting Medical Whistleblower Canaries Partners With Law Enforcement Program

  • 1. Protecting Whistleblowers In the Medical Community Dr. Janet Parker DVM Medical Whistleblower 1
  • 2. 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 2
  • 3. Today’s Situation Assumptions 3
  • 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. 4
  • 5. 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. 5
  • 6. 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” 6
  • 7. The Canary Used for detecting toxic or explosive gases in coal-mines 7
  • 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. 8
  • 9. Whistleblowers In this time of danger, isn't it time to stop shooting the messenger? 9
  • 10. WHISTLEBLOWING The exposure, by people within the organization of: • ILLEGAL OR UNETHICAL ACTIVITY • SIGNIFICANT MALADMINISTRATION 10
  • 11. 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 11
  • 12. MALADMINISTRATION • Serious & substantial waste of public money • Contrary to law • Unreasonable, unjust, oppressive or improperly discriminatory • Based wholly or partially on improper motives 12
  • 13. IT IS NOT Activities that the whistleblower believes are incompetently managed or that the organization should be pursuing 13
  • 14. 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. 14
  • 15. 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 15
  • 16. RETRIBUTION WHISTLEBLOWING GENERATES CONSIDERABLE HOSTILITY From the people targeted by the whistleblower and by the organization generally. 16
  • 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. 17
  • 18. 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. 18
  • 19. 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) 19
  • 20. 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 20
  • 21. 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 21
  • 22. 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. 22
  • 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. 23
  • 25. 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. 25
  • 26. 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 26
  • 27. 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. 27
  • 28. 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. 28
  • 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. 29
  • 30. 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 30
  • 31. 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 31
  • 32. 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 32
  • 33. 33
  • 34. Contact Dr. Janet Parker DVM Executive Director, Medical Whistleblower P.O. Box C Lawrence, KS 66044 MedicalWhistleblower@gmail.com 34