Dangers of Being a Corporate Whistleblower 8

We have given an overview of what can befall a whistleblower.  You can file this under "life is not fair" (if you haven't figured that out already) but what is obvious is that doing the right thing does not always make a person a hero.  In fact, the consequences from being a whistleblower can not only be life-changing, they can be hazardous.

     The only advice I can give here is the obvious - get competent legal counsel before attempting to be a whistleblower.  A competent white collar criminal attorney can guide you through the process.

      Yeah, I suppose I am doing some in-house advertising with this post, but this is not done out of a way to get my name out there (OK, who am I kidding, of course it is), but because I have literally seen dozens of people attempt to do the right thing without counsel and find themselves in trouble up to their neck.  I cannot stress this enough - if you work for a corporation, and you are attempting to be a whistleblower against this corporation because you discovered fraud, in some way you probably helped the corporation commit the fraud in the first place, even unknowingly.  This means that you are part of a conspiracy.

      Blowing the whistle on corporate fraud is not the same thing as stopping a robbery in progress (and I don't advise doing THAT unless you have significant REAL martial arts experience and/or military or police experience and are armed yourself).  Corporate fraud does not take place in a vacuum - there are always a group of people involved, once again either intentionally or unintentionally.  Thinking you can be a hero and expose corporate fraud without consequences or repercussions is a one-way ticket to a disaster.

     I don't want to discourage anyone from doing the right thing.  But, I want potential whistleblowers to do the right thing in the right way.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

 

Dangers of Being a Corporate Whistleblower 7

Getting back to our discussion.....

     One of the strange things many whistleblowers find is that after the good deed, the whistleblower may end up being unemployable.

     Think about it - a person does the right thing, informs the Government (or whatever agency) about the malfeasance occurring and, in the end, the person finds he cannot get a job.

      There are a couple of reasons this could happen.  Reason number one is simple - most businesses have something to hide.  The people employed at such businesses either go along with this or simply choose to look the other way.  Now, a person with a reputation for getting involved and not "going along with it" wants a job at this company.  Do you think they will fit in?  Do you really think the boss wants someone on his team who he knows will not be a "team player?"

      In addition to this, once the whistleblowing begins, it is not over until it is over.  The whistleblower's actions are only the beginning of a long, sometimes very long, legal process.  The whistleblower may end up being the star witness in this whole thing, whether it is a criminal action, a civil action or both.  How does it look when the person is applying for jobs but has to put down that there may be times when the person is absent for days, weeks, or even months at a time?  Potential employers are not really excited about this. 

     And, if that were not enough, remember what we talked about the previous few posts - the company that is at the center of attention will often fight back and this includes fighting back by smearing the whistleblower's reputation.  It is taken for granted that an employer will at least do a "google" check on the person's history.  When all of the fun stuff about the whistleblower pops up even after a basic internet search, it is bound to raise some questions.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

 

Should You Go to Law School - Update

Taking a break from the current thread to address a topic we discussed some time ago - should you go to law school?

Interesting article found by my law partner

http://qz.com/206705/the-us-lawyer-bubble-has-conclusively-popped/

Dangers of Being a Corporate Whistleblower 6

One of the most unusual aspects of being a corporate whistleblower that people do not understand or appreciate is that not only the corporation will fight back, the corporation may also do whatever it takes (whether legally or illegally) to besmirch the whistleblower's reputation.

     Don't forget that when a corporation (or any business) is accused of shady dealings and there is a basis in fact for these shady dealings, the corporation has to do what it takes to survive.  Unfortunately, as immature as it sounds, sometimes the most effective course of action is to smear the whistleblower's reputation.  This can work to a corporation's advantage for at least two reasons:

1.  It deflects (or at least attempts to deflect) the attention away from the corporation

2.  By throwing mud at the whistleblower, there is always a chance that something will stick.  For example, if the smear campaign includes the accusation that the whistleblower is divorced, has kids and is behind on child support payments, and it turns out that the whistleblower really is behind on his child support payments, it makes the whistleblower look bad.

      As I said, this is not applying legal arguments nor is it an attempt to apply even moral arguments.  These types of smear tactics are straight from a sixth grade schoolyard.  Unfortunately, this does not mean that it will not be tried.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Dangers of Being a Corporate Whistleblower 5

One of the issues about becoming a corporate whistleblower that many people find amazing is not only that the whistleblower can lose their job, they can actually find themselves under surveillance and harassment from their former employer.

     As you should have figured out by now, whistleblowers are not popular.  After a person points out that a company which employs people, pays people and gives employees benefits may actually be committing crimes, the reality sets in that said company may not exist for very much longer.  This means that people will be fired, the company may go out of business and nice benefits such as health insurance and life insurance may go out the window. 

     Yet another example of how people may not be grateful when a person does the right thing.

      But companies do not go down without a fight.  If these means that a threat to the company, even a threat which is trying to do the right thing, the company may fight back.  This may mean that the whistleblower finds himself the subject of surveillance and other discomforts as the company tries to find some "dirt" on the whistleblower.  After all, if the whistleblower can be discredited, then the damage may be contained.

      Yet another issue of which a corporate whistleblower should be aware.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Dangers of Being a Corporate Whistleblower 4

Continuing with our "strange as it may seem" theme, believe it or not (cliché away!), it is possible to be a whistleblower and still be prosecuted by Federal or State authorities for a crime.

      In the Federal world, this is called "conspiracy."  If you were part of a group of people that were advancing a criminal scheme and you knew or should have known that you were part of this scheme, you can be prosecuted for conspiracy which is a Federal offense and usually carries with it up to five years in Club Fed. 

      Let's review this again because it is so important: you can actually take your case to the Feds and tell them everything you know about a  criminal scheme that you just uncovered.  You can be the person that blows the lid of a multibillion fraud scheme.  However, if the Feds determine that you were advancing this scheme, you can still be prosecuted for conspiracy.

     Yes, it is true.  Yes, it has happened in the past.  Yes, it will happen in the future.

      I am going to repeat here something which we will hear a lot: if you are going to be a whistleblower, you need a competent attorney who knows how to handle these things before becoming a hero. 

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk

 

Dangers of Being a Corporate Whistleblower 3

One way a person might find himself in the position of being a corporate whistleblower is very simple - they are hired to do a job and then, when they do the job, they find that their employer does not want to hear about any kind of "illegal deal" or "illegal program" because it will kill profits (or at least lower profits) and so fires the worker.

      This is not that unusual.  As I state on my bio, in addition to being an attorney, I am a Certified Fraud Examiner ("CFE").  CFE's, as the name suggests, are trained in investigative techniques to uncover and stop fraud from occurring.  Seems pretty straightforward.  CFE's are retained by companies to find fraud or malfeasance in the company.  Once again, this would seem apparent and self-obvious.  However, I have read stories about CFE's hired by a company as a full-time employee (as opposed to a CFE that is retained on a particular project) and then, when the CFE attempts to do his job and tell his employer that something is wrong, the CFE is fired (which, of course, begs the question: just what did the employer think the CFE was going to do?  Put his stamp of approval on a fraudulent scheme?)

     Strange world we live in, isn't it?

     What the company does not realize (or perhaps management in the company does realize but just does not care) is that the CFE (or other type of worker) can bring a wrongful termination suit against the employer.  When this occurs, the fraud or attempted fraud is then made known.  One way or another, therefore, the fraud gets exposed. 

    So, when a person is trying to do his job for which he was hired, he unwittingly finds himself the victim of his own prowess.

NOTE: THE INFORMATION IN THIS BLOG IS NOT LEGAL ADVICE NOR IS IT INTENDED TO BE LEGAL ADVICE.  IF THE READER HAS ANY LEGAL QUESTIONS, PLEASE REFER TO AN ATTORNEY.

NOTE: ANY INDIVIDUAL WHO HAS NOT PLED GUILTY TO A CRIME OR WHO HAS NOT BEEN FOUND GUILTY BY A JUDGE OR JURY IS INNOCENT UNTIL PROVEN GUILTY AS PER THE LAWS OF THE UNITED STATES OF AMERICA.

http://www.tauskvega.com

 

----------à>>>>>>>>>>>>>>>gene tausk