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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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Today’s Situation

Assumptions

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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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The Canary

Used for detecting toxic or explosive

gases in coal-mines

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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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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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Activities that the whistleblower

believes are incompetently managed

or that the organization should be

pursuing

IT IS NOT

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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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RETRIBUTION

WHISTLEBLOWING GENERATES

CONSIDERABLE HOSTILITY

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

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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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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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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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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 Internationalhttp://www.semmelweis.net/

• AAPS American Association of Physicians and Surgeonshttp://www.aapsonline.org/

• GAP Government Accountability Projecthttp://www.whistleblower.org /template/index.cfm

• Project on Government Oversight POGOhttp://www.pogo.org/index.shtml

• Veterans Affairs Whistleblower Coalition http://www.vawbc.com/

• The National Security Whistleblowers Coalitionhttp://www.nswbc.org/

• No Fear Coalitionhttp://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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