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CQR Whistleblowers Published by CQ Press, an Imprint of SAGE Publications, Inc. www.cqresearcher.com whistleblowers Is support growing for employees who expose misdeeds? histleblowing is drawing increased attention as more workers in government and the private sector come forward to decry what they con - w tend are waste, fraud, abuse and illegal activi - ties in the workplace. Civil libertarians have derided President Obama for his tough approach to high-profile national security l eakers, such as former National Security Agency contractor Edward Snowden. But Obama has won praise for his efforts in areas relating to non- national security whistleblowing, including appointing an official who has strengthened the federal agency that represents govern - Thomas Drake and Jesselyn Radack paid high prices for whistleblowing. Drake, a former National Security ment whistleblowers. meanwhile, whistleblower advocates and na - Agency executive, lost his job after revealing cost overruns with an NSA spying program. Radack, a former Justice Department ethics adviser, received a tional security experts are debating whether Snowden and other negative performance review after revealing FBI ethics violations involving the interrogation of “American Taliban” John Walker Lindh. She is now a director at such leakers qualify as whistleblowers. Congress has passed several the Government Accountability Project, a whistleblower support group. laws relating to whistleblowing over the last 25 years, but experts question how well some are working. Advocates expect whistle - I blowing to become easier because of technological advances and THIS REPORT N to gain even more widespread public acceptance. THE ISSUES ......................99 S BACKGROUND ................106 I CHRONOLOGY ................107 D CURRENT SITUATION ........110 E CQ Researcher • Jan. 31, 2014 • www.cqresearcher.com AT ISSUE ........................113 Volume 24, Number 5 • Pages 97-120 OUTLOOK ......................114 RECIPIENT Of SOCIETY Of PROfESSIONAL JOURNALISTS AwARD fOR BIBLIOGRAPHY ................118 EXCELLENCE N AmERICAN BAR ASSOCIATION SILvER GAvEL AwARD THE NEXT STEP ..............119 wHISTLEBLOwERS Jan. 31, 2014 THE ISSUES Whistleblowing on the Volume 24, Number 5 101 Rise • Are national security leakers SEC and Defense Department MANAGING EDITOR: Thomas J. Billitteri 99 whistleblowers? see tips increase. [email protected] • Are federal whistleblowers ASSISTANT MANAGING EDITOR: Kathy Koch , adequately protected? 102 Sen. Grassley: Patron Saint [email protected] • Are private-sector whistle - of Whistleblowers SENIOR CONTRIBUTING EDITOR: blowers adequately protected? “He’s the only true hope that Thomas J. Colin whistleblowers have.” [email protected] CONTRIBUTING WRITERS: marcia Clemmitt, BACKGROUND 107 Chronology Sarah Glazer, Kenneth Jost, Peter Katel , Key events since 1968. Reed Karaim, Barbara mantel, Tom Price, ‘Lincoln Law’ Jennifer weeks 106 Congress enacted the false Unique Group Defuses SENIOR PROJECT EDITOR: Olu B. Davis Claims Act in 1863. 108 Nuclear Whistleblower Cases FACT CHECKERS: michelle Harris, 109 Vietnam and Watergate Panel at Hanford facility in Nancie majkowski Disillusionment with the war washington state is model INTERN: Kaya Yurieff and Nixon administration for avoiding legal battles. fueled skepticism. Whistleblower Cases from Famous Whistleblowers 111 Doping to Medicare Fraud 110 Insiders disclosed wrongdoing Cases involve government during the 1990s. and private employees, in - cluding disgraced cyclist An Imprint of SAGE Publications, Inc. Lance Armstrong. VICE PRESIDENT AND EDITORIAL DIRECTOR, CURRENT SITUATION HIGHER EDUCATION GROUP: At Issue: michele Sordi Congressional Action 113 Can Edward Snowden be 110 EXECUTIVE DIRECTOR, ONLINE LIBRARY AND Bills would bolster protections. considered a whistleblower? REFERENCE PUBLISHING: Todd Baldwin State and Court Actions 112 States are broadening their FOR FURTHER RESEARCH whistleblower laws. Copyright © 2014 CQ Press, an Imprint of SAGE Pub - For More Information lications, Inc. SAGE reserves all copyright and other 117 Organizations to contact. rights herein, unless pre vi ous ly spec i fied in writing. OUTLOOK No part of this publication may be reproduced Bibliography electronically or otherwise, without prior written Contagious Courage? 118 Selected sources used. permission. Un au tho rized re pro duc tion or trans mis - 114 Technology is likely to en - sion of SAGE copy right ed material is a violation of courage whistleblowing. 119 The Next Step federal law car ry ing civil fines of up to $100,000. Additional articles . CQ Press is a registered trademark of Congressional Quarterly Inc. SIDEBARS AND GRAPHICS Citing CQ Researcher 119 Sample bibliography formats. CQ Researcher (ISSN 1056-2036) is printed on acid- Whistleblower Judgments free paper. Pub lished weekly, except: (march wk. 4) 100 Total $27 Billion (may wk. 4) (July wk. 1) (Aug. wks. 3, 4) (Nov. wk. more than half the amount 4) and (Dec. wks. 3, 4). Published by SAGE Publica - collected stemmed from tions, Inc., 2455 Teller Rd., Thousand Oaks, CA 91320. medical cases. Annual full-service subscriptions start at $1,054. for pricing, call 1-800-818-7243. To purchase a CQ Re - searcher report in print or electronic format (PDf), visit www.cqpress.com or call 866-427-7737. Single reports start at $15. Bulk purchase discounts and electronic-rights licensing are also available. Periodicals postage paid at Thousand Oaks, California, and at additional mailing offices . POST mAST ER: Send ad dress chang es to CQ Re search er , 2300 N St., N.w., Suite 800, Cover: Getty Images/ The Washington Post /Matt McClain wash ing ton, DC 20037. 98 CQ Researcher whistleblowers BY CHUCK MCCUTCHEON moreover, a record $3.3 bil - THE ISSUES lion in taxpayer money was re - covered in 2012 due to civilian ears before National whistleblowers’ reports of fraud - Security Agency (NSA) ulent claims against the feder - Y contractor Edward al government, much of it due Snowden exposed details to health care fraud. Awards to about the agency’s question - whistleblowers for t heir revela - able spying activities last June, tions of wrongdoing also are whistleblower Thomas Drake on the rise. In 2012 whistle - did something similar — and blowers received a record high paid a stiff price. of nearly $560 million for their Drake, who was a senior help in uncovering fraud . 5 (See executive at the NSA, gave graph, p. 100. ) Under the false information in 2005 and n Claims Act, whistleblowers re - a m l 2006 to a reporter regarding l ceive a portion of the money e G cost overruns and other prob - recovered if their disclosures n o lems with a controversial t result in confessions or con - r a agency spying program. Al - B victions in federal fraud cases. / though in 2011 he won a s In October, the SEC awarded e g legal battle over whether he a $14 million to an unidentified m I broke the law, by then he y whistleblower for helping with t t had lost his high-paying e an investigation. The agency G agency job, his security Former National Security Agency contractor previously had never paid clearance and his life sav - Edward Snowden touched off an intense debate over more than $125,000 in an in - ings. He now works at an whistleblowing when he leaked details of extensive dividual case. 6 NSA surveillance programs last year. Snowden is now in Apple computer store near Moscow, where he fled to avoid prosecution. Experts say whistleblowing washington, D.C. Whistleblowing by government and private-sector will continue to increase as Nevertheless, Drake says employees is on the rise, but the actions of Snowden technological advances make he’d do it all again. and other leakers have raised questions about whether it easier to go online to report “I could not idly stand by they qualify as whistleblowers or should be considered wrongdoing anonymously criminals. Congress has passed several laws over the silent and watch billions and past quarter-century aimed at encouraging whistleblowing, and as deepening skepticism billions of dollars going down but some experts question their effectiveness. toward government and cor - the drain,” he told an audi - porate behavior leads to greater ence at a September 2013 event orga - passed various laws over the past 25 public acceptance of the practice. “There nized by the Government Accountabil - years aimed at encouraging the prac - is a trend toward greater public sup - ity Project, a washington-based group tice, experts question their effectiveness. port for whistleblowing and a stronger advocating on behalf of those who ex - Yet whistleblowing is on the rise. sense that whistleblowers should be pose workplace wrongdoing. “we’re the The Securities and Exchange Commis - supported, rather than it just being as - canaries in the constitutional coal mine, sion (SEC) reported in November that sumed that they are always destined to we as whistleblowers.” 1 tips from corporate employees under suffer as martyrs,” says A. J. Brown, a whistleblowing is drawing increased the Dodd-frank financial industry re - public policy and law professor at Aus - attention in the wake of the Snowden form law’s whistleblower program had tralia’s Griffith University who studies revelations and as more government risen 8 percent from fiscal 2012 to fis - the issue in the United States. and private-sector employees come for - cal 2013. 2 And calls to the Defense Perhaps the two best-known em - ward to reveal what they contend are Department’s whistleblower hotline rock - ployees
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