When We Lose (Part 4) – Being Alone
Whistleblowers are individuals who confront wrongdoers. They stand
up against the system. That’s the
myth. It is true that most of us act singly
when we disclose misdeeds. But I did not
feel exactly alone on my project. Not
until the end anyway.
Citigroup promoted Richard
Bowen to senior vice president in 2006.
He soon discovered that 60% of the $90 billion of the mortgages his area
bought and sold to Fannie Mae and Freddie Mac failed the bank’s credit
tests. He alerted Citigroup management
to the problem because it
was part of his job. He didn’t oppose
the organization. He acted as a vital member
of the institution. When management
didn’t respond, he approached the Citigroup board of directors. They, too, didn’t act, and he went to the
Securities and Exchange Commission. Then
he testified before Congress.
At each step Bowen believed that he was doing his job. Each time he expected to be welcomed in the deepening
circles of authority. As it turned out,
he did not belong. Officials at each level
failed him. In 2009 he was fired. His severance was less than $1 million – a
small amount compared to his salary and his lawyer’s take – and Citigroup later
received a $45 billion bailout plus $300 billion in asset guarantees from the
government.
Whistleblowers’ stories are not always about ethical
norms. They don’t necessarily reflect
the defense of good against evil although they may later be cast that way. Lots of times they are about being part of a work
unit, a management group, or some other community. Until you find your friends have no use for
you. First comes the ostracism. Then the reprimands. Then justification for retaliation makes it
perfectly clear: you were not on the team after all.
When I revealed HomeFirst’s overbilling of Santa Clara
County, I was just doing my job. When I
objected to the board chair’s admonition not to disclose any more violations, I
assumed the other board members present would help because they
valued me. Privately afterward, the
board audit chair encouraged me, and I thought I was embraced and safe.
But the board continued to support the CEO despite more
identified violations. Its
willingness to believe that I was the unfit one, not she, made evident that I
had no entry into their circle. But I
still believed that government monitors would respect and welcome me. One by one, they too let me know that
HomeFirst was their partner and I was not.
The Department of Justice attorney stated it most plainly: they
did not like going after organizations they thought did good. The other agencies spoke through inaction.
A 2013 survey by
the Ethics & Compliance Initiative found that 92% of those who report
wrongdoing do so first internally. Bowen
did that; I did, too. We believed that others
in our company needed to know. We were
not loners standing up courageously. We
were not speaking truth to a foreign power.
We communicated with our colleagues, we thought.
Most of us successfully spend years in organizations like
the one that rejects us. Bowen rose to
senior vice president at Citigroup because he served his employers well. I was CFO of five companies and did some good
work, even
at HomeFirst. Whistleblowing is hard
because we need the organizations that eventually toss us out.
The expulsions can leave us isolated. James
Holzrichter called out overbillings by defense contractor Northrup Grumman. The company fired him. It blackballed him, blocking him from another
auditing job. He and his family were homeless
for a time.
Attorney Jesselyn
Radack thought she was doing her job when she advised the Department of
Justice that accused terrorist John Walker Lindh
needed to have his attorney present during interrogations. She was pressed to resign. After the DoJ publicly denied receiving her
counsel, she leaked information to Newsweek.
The agency responded by getting her new employer to fire her and state
bars to investigate her. That made
getting another legal job nearly impossible.
Through a combination of factors, including their personal
skills and the significance of their claims, some whistleblowers become well known
for what they did. Bowen is one of many inspirational speakers on whistleblowing. Holztrichter also speaks, consults, and
encourages whistleblowers. Radack works
for the Government Accountability
Project in defense
of big league whistleblowers.
Like many in the little leagues, I believed the
whistleblower myth. I expected the
protection promised by long-term loyalty and the law. But the state determined that I was
not a whistleblower at all. I did
not belong in that circle either. I was
alone.
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