Friday, August 19, 2016

Others’ Whistleblowing Experiences (Part 2) - Michael Hawkey

Others’ Whistleblowing Experiences (Part 2) - Michael Hawkey

When individuals talk about their whistleblowing, they do not dwell on comparisons to others’ experiences.  Each experience seems unique in the moment.  But the banality of whistleblowing means that what each of us goes through is pretty common and may be nearly duplicated in another’s experience.

Consider Michael Hawkey, who was CFO at Mental Health Systems, a San Diego, CA-based nonprofit.

Like HomeFirst Services of Santa Clara County, where I was CFO, Mental Health Systems (MHS) is largely an extension of government services:

-          $73 million of MHS’ total 2015 revenue came from government contracts; $2 million came from patient fees and just $256,000 from contributions. 

-          At HomeFirst revenue that came directly or indirectly from government sources accounted for $10 million of $11 million in total revenue and $1 million came from cash contributions, of which more than half was spent in getting those contributions in the door.

Both companies were under financial pressure when Hawkey and I blew our whistles:

-          At June 2015, MHS was in technical default on its $8 million line of credit.  Since 2012 it had burned through $8 million of cash – $3 million in 2015 – and with just $3 million left in the credit line, things were tight.  In March 2016, it missed its retirement payment due date. 

-          From 2012 to 2015, HomeFirst burned $1 million of cash, and it needed a special grant from Santa Clara County in order to cover its payroll in early 2015.

They both had smaller run-ins with government monitors in the past:

-          MHS had an overbilling problem in 2006 and an employee fraud, discovered in 2014, that resulted in $407,000 of invalid billings.

-          HomeFirst (then called EHC LifeBuilders) overbilled HUD by $1.2 million in 2003-2006 and had a licensing issue in 2008.

Neither company offered a systematic description of how money was spent in its programs or what results were achieved[1].  And both companies played loose in their financial reporting on their way to looking good[2]:

-          Despite its contribution revenue and its website, Facebook, YouTube, and Twitter presences, MHS reported no fundraising expenses.

-          As I claimed to the AICPA, in 2015 HomeFirst cut its general administrative expenses in half with an undiscussed change in its accounting practice.

Before we decided to become becoming whistleblowers, Hawkey and I had comparable work histories:

-          Hawkey, 58, had been CFO of MHS for 14 years when he wrote his April 2016 complaint letter.  He was named CFO of the year by San Diego Business Journal in 2007 and 2008, and he was nominated for the award again in 2011.  An MBA, his 26+ year career spanned nonprofit and international for-profit companies.

-          I was 65 and had been HomeFirst’s CFO for seven years when I made my disclosures.  I was a finalist for the CFO of the year award by the San Jose Business Journal.  I had worked in nonprofit and international for-profit companies during the 33 years since I received my MBA.

Our bosses were also comparable:

-          At MHS, Kimberley Bond, 42 and a licensed family therapist, was nominated for the “Most Admired Nonprofit CEO “award by the San Diego Business Journal in 2015.  She was paid just 11% more than Hawkey.  Bond was fired a month after Hawkey was terminated.

-          My boss, Jenny Niklaus, a licensed family therapist and 45 when she fired me, was named one of the “Top 40 Under 40” by the Silicon Valley Business Journal in 2004 and was called a “Woman of Influence” by the San Jose Business Journal in 2013.  Niklaus was paid 6% more than I was.  Niklaus decided to go to work for a much smaller nonprofit six months after she fired me.

Each of us accused our employers of committing a number of legal and ethical violations:

-          Hawkey complained to the County of San Diego that MHS was inappropriately funding a for-profit subsidiary, was billing for reimbursement of expenses that had not been paid or were unsupported (in violation of government rules), and had arranged for the undisclosed employment of the CEO’s husband in a well-compensated position reporting to her.

-          I complained to different public agencies about eight legal and contractual suspected misdeeds and two failures by local and federal agencies to recover money held improperly by HomeFirst.

Hawkey and I each knew about – or had reason to suspect – our company’s wrongdoings years earlier, and we had tolerated them.  Then something changed or the accumulated annoyance pushed us to where we had not been.  Our disregarded advice about negative cash flows – HMS’ for-profit subsidiary’s losses and HomeFirst’s own – increased the discomfort we felt.  From December 2015 until Hawkey was put on leave, Bond’s husband reported to Hawkey, which would have been a challenge.

So far things have progressed in similar ways for each of us.

-          Hawkey was placed on a paid leave for three months during an investigation and then fired.  Perhaps because of MHS’ size and the types of violations he disclosed, his complaints received coverage in the local press.  In addition, a County of San Diego investigation confirmed some of his complaints with the result that the company fired the CEO and her husband and said it would fix things going forward.  Hawkey was, of course, fired in May 2016, but it is too early to see what legal actions he will take,

-          I was fired in June 2014, three months after I told my boss that I had blown a whistle on two issues.  During that delay I disclosed more suspected wrongdoings.  Two of my complaints were investigated, and HomeFirst agreed to fix them going forward.  The others were mostly ignored by government agencies, and they got no traction with media.

-          MHS’ website made no mention of Hawkey’s allegations, the County investigation, or the terminations of Hawkey, the CEO, and her husband.

-          HomeFirst did not publicize the departure of its CEO or other officers or its need for a special County grant to make payroll.

During your whistleblowing project, you may consider yourself unique and heroic, and the results are likely to be personally tragic.  Still, you are only one among millions who observe corporate wrongdoing, one among hundreds of thousands who report the wrongs, and one among tens or hundreds of thousands who are punished each year in the U.S. for whistleblowing.  It happens all the time.




[1] See also Stern, Ken. With Charity for All. New York: Doubleday. 2013

No comments:

Post a Comment