Howard Lutnick whistleblower tragedy
This week I posted that the FCA and others had blood on their hands after the suicide of a financial services whistleblower who did the right thing and suffered incredible retaliation and victimisation by his employer for having done so.
He escalated the disclosures he had made and the retaliation to the FCA just as they expected him to do, trusting them to enforce the relevant law and codes including the FCA's own code SYSC 18.
Just like many whistleblowers before him and since, the FCA utterly and catastrophically failed him, choosing to protect the firm at his distressing expense and for which he has now paid the ultimate price.
The FCA took 7 years to investigate his disclosures and the retaliatory attacks on him by the firm. (7 years!!!) And then produced an outcome that enabled them to conceal from him and the public any action, if any, that the FCA had taken against the firm and failed to address the retaliation at all.
I knew this day was coming where a whistleblower who trusted the FCA would pay this price. Indeed, on 16th December 2016 it was so very nearly me, and I can confirm multiple others also visited that darkest of places, and all for the same reasons.
The Office of the Whistleblower Bill is the only law that would have prevented this. Period. End of conversation. I speak from bitter experience as do many other supporters of this Bill.
PIDA, the current law that is supposed to protect whistleblowers is not a bad law. The problem does not lie within the law as written. The problem is:
1. Responsibility for compliance with the law lies with the employer firms, all of whom are always utterly conflicted when a whistleblower makes disclosures. The employee is literally disclosing conduct that breaches a law, code or policy that potentially leaves the employer firms liable for significant costs.
2. Responsibility for oversight and enforcement of the firm and their compliance with relevant law and codes, lies with the regulator. The problem here is that, in financial services especially, the regulator (the FCA) is almost always also entirely conflicted for one of two reasons:
a) They were already aware of the conduct disclosed by the whistleblower and had turned a blind eye to it or buried, in which case they are dangerously exposed and so bury the disclosures and the whistleblower with it to protect themselves and their reputation.
b) The conduct disclosed by the whistleblower was so bad and widespread that the FCA should have known about much earlier and didn't, and it is therefore catastrophically embarrassing for them and bury the disclosures and the whistleblowers to protect their reputation.
3. The Employment Tribunal has been so manipulated by expensive KC's hired by the large firms that judgements have been delivered that literally contradicts PIDA and the protections it offers as written.
So, it does not matter what amendment to existing law is made or new law that is brought in, it will make no bloody difference if the responsibility for compliance, oversight and enforcement of it remains with the utterly conflicted employer firms and regulators!!
THEREFORE, the only solution is the Independent Office of the Whistleblower. An independent body that whistleblowers can make their disclosures to or share their disclosures with and that will ensure that the firm and the regulator treats both the disclosures and the whistleblowers themselves in accordance with the relevant law and codes.
There is literally no way the FCA could have done what its done to Simon, to me and to multiple other whistleblowers had there been an Independent Office of the Whistleblower.
My piece this week did not mention Whistleblowers UK (WBUK). It did not proclaim any support for anything but the Office of the Whistleblower Bill.
Indeed, none of my articles posted on this forum or on Linkedin have done anything but voice support for that Bill and voice my frustration and concern at the efforts of so many to try and kill this bill, and for reasons that appear to be personal agendas or issues with parties that are pushing this Bill forward.
In response to that support of the Bill and my concerns as to the funding of a documentary that itself declared its intent was to kill the Office of the Whistleblower Bill, I have suffered multiple prejudiced and disturbing attacks from these same parties who have issues with WBUK.
I include an extraordinary response by Eileen Chubb. I have to include screenshots of it because she has blocked me and because I asked her about the funding of the documentary. That is your take away from and response to my piece this week, Eileen? And whilst in that post you attack others for 'trying to silence' you, you have blocked me and 'silenced' me from commenting on your post that is in response to my piece. Your hypocrisy is matched only by your utter tone deafness.
Honestly, the hate has taken over. Supporters of and contributors to the documentary made one false claim or allegation after another about me or my motives, all of which I provided the evidence to disprove, and others made false representations about their 'associations' or relationship with the FCA. They also revealed their bizarre interpretations of the Bill and what it would mean, none of which are borne of fact and appear to be just presumptions borne of the hate that they have for some.
These same people have banged on about concerns as to funding of WBUK, but I have repeatedly and reasonably requested information as to the party or parties that funded this documentary intended to kill the Office of the Whistleblower Bill to the benefit of the corrupt and/or conflicted parties who would continue to benefit from its absence and continue to be able to cause detriment and damage to whistleblowers, and I have had no response whatsoever from either the producers of it or those heavily involved in it.
And today I go to make a comment in response to Eileen Chubbs (
@CompassnInCare ) astonishing response to my post, dripping with the same hate of WBUK and ongoing issues she and others have with them and find that she has blocked me.
So much for speaking up and speaking out.
I have no allegiance to anyone but myself, my family, the people I make every effort everyday to help and anything that will make the UK a better place and especially a better place for whistleblowers.
And the primary service of that goal is the creation of an Independent Office of the Whistleblower.
I am certain that Simon would still be with us had their been an Independent Office of the Whistleblower that had the power to hold both his employer and the FCA accountable and see to it that his rights were fully enforced.
That level of 'sunlight' that only an Independent Office can shine would have ensured that accountability, and ensure his protection, as well as acting as the deterrent to prevent future conduct of the same nature.
So, to every MP that has been persuaded by various false and/or misleading representations not to support the Office of the Whistleblower Bill, I strongly urge you to reconsider that position and get behind the only law that will make a difference and prevent another tragedy such as that we have seen this week.
And to the Treasury Select Committee and HM Treasury, you must launch a statutory public inquiry into the FCA's handling of whistleblower disclosures and treatment of whistleblowers since 2007.
Simon's case is not an isolated one. It is demonstrative of a systemic issue.
@andyverity @TransparencyTF @APPGJustice @APPGbanking @appgonifandffs @jameshurley @Ian_Fraser @jammotionpic @CommonsTreasury @hmtreasury @LauraTrottMP @stugoo17 @MissCarlyBarnes @BBCHelenCatt @kaitlancollins
Blood on your hands!
I have not posted in some time, but what I have just learned requires everyone's attention.
As of right now the FCA literally has blood on its hands.
And EVERY person that opposed the Office of the Whistleblower Bill, and EVERY MP that voted against it will all have blood on your hands in the future when other whistleblowers are destroyed and will inevitably pay the ultimate price, and entirely because of the lack of independent oversight of the handling of their whistleblower disclosures and the protection that only an Independent Office of the Whistleblower can provide.
And for those of you that purport to support whistleblowers but are allowing your personal prejudices and agendas to get the better of you and continue to seek to prevent this Bill from passing, I suggest that you all think long and hard about your actions and consider how you will feel when the inevitable happens again.
Amending existing law or introducing new legislation that leaves compliance with the law and oversight in the hands of the employers and the regulators changes nothing.
It's just a new law for them to breach and ignore like every law before them.
Perhaps now
@jammotionpic or
@WBINC_Doc will disclose who funded the documentary that had the intended purpose of sabotaging the Office of the Whistleblower Bill. Despite repeated requests, this information continues to be concealed.
@IFSAPPG @APPGJustice @APPGbanking @WB_UK @jammotionpic @TransparencyTF @andyverity @jameshurley