Whistleblowers : incentives, disincentives, and protection strategies / Frederick D. Lipman.

Format:

Book

Author/Creator:

Lipman, Frederick D., author.

Series:

Wiley corporate F & A.

Wiley Corporate F&A

Language:

English

Subjects (All):

Whistle blowing--United States.

Whistle blowing.

Business ethics--United States.

Business ethics.

Whistle blowing--Law and legislation--United States.

Whistle blowing--Case studies.

Physical Description:

1 online resource (419 p.)

Edition:

1st edition

Place of Publication:

Hoboken, New Jersey : John Wiley & Sons, Inc., 2012.

Language Note:

English

System Details:

text file

Summary:

Solid guidance for managing whistleblower policies in light of the new Dodd-Frank Act provisions In July 2010, President Obama signed the Dodd-Frank Wall Street Reform and Consumer Protection Act that greatly expanded whistleblower bounties in connection with violations of federal securities laws, including the Foreign Corrupt Practices Act. Discussing business protection strategies and best practices in dealing with whistleblowers, Whistleblowers will appeal to board members, executives, corporate compliance personnel, attorneys for whistleblowers and defense attorneys, as well as po

Contents:

Cover; Series; Title Page; Copyright; Dedication; Other Works by Frederick D. Lipman; Foreword; Acknowledgments; Introduction; CLASSIFICATION OF WHISTLEBLOWERS; ORGANIZATION OF BOOK; NOTES; Part One: The Whistleblowers and the Dodd-Frank Incentives; Chapter One: The Dramatic Expansion of Whistleblower Awards under Dodd-Frank; WHISTLEBLOWER PROVISIONS OF DODD-FRANK; WHAT IS "ORIGINAL INFORMATION"?; WHAT ARE VIOLATIONS OF THE FEDERAL SECURITIES LAWS?; RULE 10B-5: MARKET MANIPULATION; VIOLATING THE ACCOUNTING STANDARDS; FALSE FINANCIAL STATEMENTS BY PUBLIC COMPANIES; OTHER SECURITIES LAWS

PROTECTIONS FOR WHISTLEBLOWERSCOMMODITY EXCHANGE ACT; NOTES; Chapter Two: The Remarkable Story of Cheryl Eckard and the 96 Million Bounty under the False Claims Act; WHO IS CHERYL ECKARD?; ECKARD'S POST-TERMINATION ACTIVITIES; ECKARD'S SUPERIORS; BACKGROUND ALLEGATIONS; ALLEGED VIOLATIONS; TIMELINE OF ECKARD'S ALLEGED ACTIVITIES; THE LESSONS OF GLAXO; NOTES; Chapter Three: The Pfizer Whistleblowers Who Collected Over 100 Million under the False Claims Act; JOHN KOPCHINSKI; BEXTRA; THE COMPLAINT; PFIZER LESSONS; NOTES; Part Two: Disincentives and Factors Motivating Public Disclosure

Chapter Four: Disincentives to Internal WhistleblowersFINANCIAL DISINCENTIVES; NONFINANCIAL DISINCENTIVES; CONTRACTUAL COMMITMENTS AND FIDUCIARY DUTIES; ETHICS RESOURCE CENTER SURVEY; REINSTATEMENT AS A REMEDY; EMPIRICAL STUDY; NOTES; Chapter Five: Women as Whistleblowers; SHERRON WATKINS; CYNTHIA COOPER; COLEEN ROWLEY; EXTERNAL REPORTING BY INTERNAL WHISTLEBLOWERS; WHISTLEBLOWER ANONYMITY; NOTES; Part Three: Organizational Best Practices; Chapter Six: Why Should Organizations Adopt a Robust Whistleblower System?; DIMINISHMENT OF SHAREHOLDER WEALTH; BOARDS OF DIRECTORS; WE WERE DUPED!

EXECUTIVE WHISTLEBLOWERSWHY INDEPENDENT DIRECTORS CANNOT RELY SOLELY ON INDEPENDENT OR INTERNAL AUDITORS; LEGAL STANDARD; CAREMARK; RECOMMENDED STRATEGY; CRIMINAL LIABILITY OF AN ORGANIZATION; RESPONSIBLE CORPORATE OFFICER DOCTRINE; THE ACME MARKETS CASE; THE U.S. DEPARTMENT OF JUSTICE CRIMINAL GUIDELINES; THE DISADVANTAGES OF A ROBUST WHISTLEBLOWER SYSTEM; NOTES; Chapter Seven: Establishing a Robust Whistleblower System; PROBLEMS WITH THE CURRENT WHISTLEBLOWER SYSTEM; INITIAL STEPS; ELEMENTS OF A ROBUST WHISTLEBLOWER POLICY; INDEPENDENT DIRECTORS MUST BE IN CHARGE

THE WHISTLEBLOWER PROGRAM MUST BE INDEPENDENTLY ADMINISTEREDWHISTLEBLOWER COMPLAINTS SHOULD BE INVESTIGATED BY INDEPENDENT COUNSEL REPORTING DIRECTLY TO THE INDEPENDENT DIRECTORS; THERE SHOULD BE NO PRESUMPTION THAT ANONYMOUS COMPLAINTS ARE LESS DESERVING OF INVESTIGATION; MOTIVATIONS AND PERSONALITY OF THE WHISTLEBLOWER ARE NOT RELEVANT TO THE TRUTH OF THE ALLEGATIONS; ABSOLUTE PROTECTION OF WHISTLEBLOWERS' IDENTITY IS ESSENTIAL; ASSESS THE EFFECTIVENESS OF HOTLINES AND PROVIDE EMPLOYEE COMPLIANCE TRAINING; INDEPENDENT COUNSEL SHOULD REPORT THE STATUS AND RESULTS OF THE INVESTIGATION

INTERNAL WHISTLEBLOWERS SHOULD RECEIVE MEANINGFUL MONETARY REWARDS

Notes:

Description based upon print version of record.

Includes bibliographical references and index.

Description based on print version record.

ISBN:

9781118168578

1118168577

9781118168486

1118168488

9781118386545

111838654X

OCLC:

784137821