The Successes And Failures Of Whistleblower Laws

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The Successes and Failures of Whistleblower Laws

Author : Robert G. Vaughn
Publisher : Edward Elgar Publishing
ISBN 13 : 1849808384
Total Pages : 369 pages
Book Rating : 4.8/5 (498 download)

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Book Synopsis The Successes and Failures of Whistleblower Laws by : Robert G. Vaughn

Download or read book The Successes and Failures of Whistleblower Laws written by Robert G. Vaughn and published by Edward Elgar Publishing. This book was released on 2012-01-01 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A new roadmap for understanding the diverse perspectives and disparate bodies of law involved in any legal regime aimed at encouraging people in organisations to speak up about wrongdoing, making it possible for them to do so, and supporting and protecting them when they do. More than just a rich and readable history of whistleblowing laws, in the USA and around the world. Steeped in Robert Vaughn's personal experience as a lawyer and researcher over a 40 year period, this book stands to help solve some of the greatest conundrums in this vital area of legal regulation - one of the most complex in modern society, but one of the most crucial to integrity, accountability and organisational justice in all institutions. Compulsory reading for all policymakers, regulators, corporate leaders, researchers and activists engaged in improvement and implementation of public interest whistleblowing laws." - A.J. Brown, Griffith University and Transparency International Australia "Unlike other books on whistleblowing that simply describe and analyze whistleblowing laws, Robert Vaughn's new book provides an in-depth and unique historical account of the roots of the whistleblowing movement in such disparate events as the Mai Lai massacre, the civil rights movement, and the experiments of Stanley Milgrim. As important, he then uses that history to illuminate the competing perspectives and pressures that influenced the passage and interpretation of modern whistleblower laws. Vaughn provides a first-rate account of the varied and complex reasons for the successes and failures of these laws during the last forty years." - Richard Moberly, University of Nebraska College of Law, US Drawing on literature from several disciplines, this enlightening book examines the history of whistleblower laws throughout the world and provides an analytical structure for the most common debates about the nature of such laws and their potential successes and failures. The author explores the relationship between the actions of whistleblowers and the character of laws protecting them, as well as their administration and enforcement. The book considers the role of civil society groups in the successes of whistleblower laws and how current controversies reflect issues attached to these laws over half a century. This study contains perspectives from which successes and failures can be evaluated and will appeal to policy makers, scholars, whistleblower advocacy and other civil society groups, as well as anyone with a general interest in the subject.

Concepts and Procedures in Whistleblower Law

Author : Stephen Kohn
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313096147
Total Pages : 542 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Concepts and Procedures in Whistleblower Law by : Stephen Kohn

Download or read book Concepts and Procedures in Whistleblower Law written by Stephen Kohn and published by Bloomsbury Publishing USA. This book was released on 2000-10-30 with total page 542 pages. Available in PDF, EPUB and Kindle. Book excerpt: Litigator, teacher, and scholar Stephen Kohn presents a comprehensive, unified examination of the 35 federal laws that protect whistleblowers and their rights, plus the common law protections available in each of the 50 states. For the first time in one easily accessed volume, readers will find the basic principles upon which all whistleblower law is premised. Mr. Kohn lays out the basic legal principles applicable to almost every whistleblower case, such as the scope of protected activity and who qualifies for protection. He shows what constitutes discriminatory conduct, what type of evidence demonstrates that improper retaliation occurred, the burdens of proof on both the employee and employer, how to calculate damages and attorney fees, common settlement and fundamental procedural issues, and much more, all in meticulously documented detail and a readable, engaging style. Built upon Mr. Kohn's extensive practical experience and his scholarly research and teaching, not only is the book an essential resource for study and analysis of whistleblowing issues, but it is also a step-by-step guide for conceptualizing and litigating them. Attorneys with specialties in a wide range of fields involving whistleblower law and related policy issues will find a thoughtful, comprehensive examination, and an immediately applicable courtroom aid. It will also be important for human resource executives, labor union officers and attorneys, government contractors, and recipients of government grants, university and government libraries, federal agency executives and specialists, public interest and good government organizations—and many others who have become fascinated by this relatively new, but long-time coming, branch of the law, how it developed, and how it is being applied today.

The New Whistleblower's Handbook

Author : Stephen M. Kohn
Publisher : Rowman & Littlefield
ISBN 13 : 1493028820
Total Pages : 569 pages
Book Rating : 4.4/5 (93 download)

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Book Synopsis The New Whistleblower's Handbook by : Stephen M. Kohn

Download or read book The New Whistleblower's Handbook written by Stephen M. Kohn and published by Rowman & Littlefield. This book was released on 2017-07-01 with total page 569 pages. Available in PDF, EPUB and Kindle. Book excerpt: An updated edition of the first-ever consumer guide to whistleblowing by the nation’s leading whistleblower attorney The newest edition of The Whistleblower’s Handbook brings the most comprehensive and authoritative guide to exposing workplace wrongdoing up-to-date with new information on wildlife whistleblowing, auto safety whistleblowing, national security whistleblowing, and ocean pollution whistleblowing. It also includes a new “Toolkit” for international whistleblowers. This essential guide explains nearly all federal and state laws regarding whistleblowing, and in the step-by-step bulk of the book, presents more than twenty must-follow rules for whistleblowers—from finding the best federal and state laws to the dangers of blindly trusting internal corporate “hotlines” to obtaining the proof you need to win the case.

Whistleblower Law

Author : Lisa J. Banks
Publisher :
ISBN 13 : 9781588523983
Total Pages : 0 pages
Book Rating : 4.5/5 (239 download)

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Book Synopsis Whistleblower Law by : Lisa J. Banks

Download or read book Whistleblower Law written by Lisa J. Banks and published by . This book was released on 2022-09-28 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: Balanced overview of the history of whistleblower law and the many issues facing attorneys and compliance officers.

Committing to Effective Whistleblower Protection

Author : OECD
Publisher : OECD Publishing
ISBN 13 : 9264252630
Total Pages : 216 pages
Book Rating : 4.2/5 (642 download)

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Book Synopsis Committing to Effective Whistleblower Protection by : OECD

Download or read book Committing to Effective Whistleblower Protection written by OECD and published by OECD Publishing. This book was released on 2016-03-16 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: Whistleblower protection is vital for: safeguarding public interest; promoting accountability and integrity in public and private institutions; and encouraging reporting of misconduct, fraud and corruption. This report analyses whistleblower protection standards in the public and private sectors.

Whistleblower Law

Author : Stephen Kohn
Publisher : Bloomsbury Publishing USA
ISBN 13 : 0313052077
Total Pages : 304 pages
Book Rating : 4.3/5 (13 download)

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Book Synopsis Whistleblower Law by : Stephen Kohn

Download or read book Whistleblower Law written by Stephen Kohn and published by Bloomsbury Publishing USA. This book was released on 2004-09-30 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the wake of the Enron implosion and the subsequent revelations of numerous cases of corporate misconduct, sweeping legislation was enacted to reform the system of corporate financial oversight and to ensure protection for employees and investors. The Sarbanes-Oxley Act, signed into law by President George W. Bush on July 20, 2002, is a landmark in policymaking, business law, and social activism. Whisteblower Law is the first book to explain and analyze the impact and implications of this legislation, especially as it pertains to the rights of whistleblowers—those who dare to come forward with evidence of wrongdoing. Written by the leading experts in the field and drawing on their extensive experience in advising law-makers, arguing cases, and training professionals, Whisteblower Law will become the standard reference for lawyers, judges, and mediators; corporate executives and managers; employees of publicly traded companies; labor leaders and human resource advocates; and potential whistleblower alike. The authors point out that the impact of Sarbanes-Oxley and related reforms in law and policy will have a profound effect on the corporate and legal communities. For example, the law mandates for the first time that all publicly traded companies establish formal whistleblowing programs and that corporate attorneys must divulge information that would implicate their clients in criminal acts, effectively becoming whistleblowers themselves.

The Corporate Whistleblower's Survival Guide

Author : Tom Devine
Publisher : Berrett-Koehler Publishers
ISBN 13 : 1605099880
Total Pages : 358 pages
Book Rating : 4.6/5 (5 download)

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Book Synopsis The Corporate Whistleblower's Survival Guide by : Tom Devine

Download or read book The Corporate Whistleblower's Survival Guide written by Tom Devine and published by Berrett-Koehler Publishers. This book was released on 2011-04-04 with total page 358 pages. Available in PDF, EPUB and Kindle. Book excerpt: From Erin Brockovich to Enron, whistleblowers who “challenge abuses of power that betray the public trust” have proven to be an unfortunate necessity in modern business culture. Their efforts to report crimes, fraud, and dangers to public health and safety have saved millions of lives and billions of dollars of shareholder value – and had we heeded the warnings of whistleblowers, perhaps disasters such as the Bernie Madoff scandal and the Lehman Brothers meltdown could have been averted. Recent federal legislation in finance and health reform have cemented legal protections and mechanisms for whistleblowing. This book provides a thorough guide and history to the whistleblower's legal rights. The ultimate survival guide, it provides advice on getting help and finding allies, warns that retaliation is often the reward for "committing the truth" and shows how to weather the storm. With extensive legal texts, sample letters, resources, and information on upcoming whistleblower reforms, this is the ultimate source on the subject.

No Fear

Author : Marsha Coleman-Adebayo
Publisher : Chicago Review Press
ISBN 13 : 1569769397
Total Pages : 498 pages
Book Rating : 4.5/5 (697 download)

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Book Synopsis No Fear by : Marsha Coleman-Adebayo

Download or read book No Fear written by Marsha Coleman-Adebayo and published by Chicago Review Press. This book was released on 2011-09-01 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: As a young, black, MIT-educated social scientist, Marsha Coleman-Adebayo landed her dream job at the EPA, working with Al Gore, assisting post-apartheid South Africa. But when she tried to get the government to investigate allegations that a multinational corporation was responsible for the deaths of hundreds of South Africans mining vanadium—a vital strategic mineral--she found that the EPA was the first line of defense for the corporation. When the agency stonewalled, Coleman-Adebayo blew the whistle. How could she know that the agency with a hippie-like logo would use every racist and sexist trick in their playbook in retaliation? The EPA cost her her career, endangered her family, and sacrificed more lives in the vanadium mines of South Africa—but also brought about an upwelling of support from others in the federal bureaucracy who were fed up with its crushing repression. Upon prevailing in court, Coleman-Adebayo organized a grassroots struggle to bring protection to all federal employees facing discrimination and retribution from the government. The No FEAR Coalition that she organized waged a two-year-long battle with Congress over the need to protect whistleblowers—and won. This book is her harrowing story.

Crisis of Conscience

Author : Tom Mueller
Publisher : Penguin
ISBN 13 : 0698405102
Total Pages : 610 pages
Book Rating : 4.6/5 (984 download)

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Book Synopsis Crisis of Conscience by : Tom Mueller

Download or read book Crisis of Conscience written by Tom Mueller and published by Penguin. This book was released on 2019-10-01 with total page 610 pages. Available in PDF, EPUB and Kindle. Book excerpt: "A call to arms and to action, for anyone with a conscience, anyone alarmed about the decline of our democracy." — New York Times-bestselling author Wendell Potter "Powerful...His extensively reported tales of individual whistleblowers and their often cruel fates are compelling...They reveal what it can mean to live in an age of fraud." — The Washington Post "Tom Mueller's authoritative and timely book reveals what drives a few brave souls to expose and denounce specific cases of corruption. He describes the structural decay that plagues many of our most powerful institutions, putting democracy itself in danger." —George Soros A David-and-Goliath story for our times: the riveting account of the heroes who are fighting a rising tide of wrongdoing by the powerful, and showing us the path forward. We live in a period of sweeping corruption -- and a golden age of whistleblowing. Over the past few decades, principled insiders who expose wrongdoing have gained unprecedented legal and social stature, emerging as the government's best weapon against corporate misconduct--and the citizenry's best defense against government gone bad. Whistleblowers force us to confront fundamental questions about the balance between free speech and state secrecy, and between individual morality and corporate power. In Crisis of Conscience, Tom Mueller traces the rise of whistleblowing through a series of riveting cases drawn from the worlds of healthcare and other businesses, Wall Street, and Washington. Drawing on in-depth interviews with more than two hundred whistleblowers and the trailblazing lawyers who arm them for battle--plus politicians, intelligence analysts, government watchdogs, cognitive scientists, and other experts--Mueller anatomizes what inspires some to speak out while the rest of us become complicit in our silence. Whistleblowers, we come to see, are the freethinking, outspoken citizens for whom our republic was conceived. And they are the models we must emulate if our democracy is to survive.

Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union

Author : Hava Charlotte Lan Yurttagül
Publisher : Springer Nature
ISBN 13 : 3030780597
Total Pages : 305 pages
Book Rating : 4.0/5 (37 download)

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Book Synopsis Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union by : Hava Charlotte Lan Yurttagül

Download or read book Whistleblower Protection by the Council of Europe, the European Court of Human Rights and the European Union written by Hava Charlotte Lan Yurttagül and published by Springer Nature. This book was released on 2021-06-26 with total page 305 pages. Available in PDF, EPUB and Kindle. Book excerpt: First introduced in the United States, whistleblower laws have become increasingly popular around the world. This book illustrates the regional efforts undertaken by European organizations to promote whistleblower protection in Europe. To provide context, the first part of the book presents an overview of the international best practices for whistleblowing legislation and explores the status of whistleblower under international law. It also assesses the global hot topics regarding whistleblowing, from the cases of Edward Snowden and Julian Assange to the silencing of whistleblowers during the COVID-19 pandemic. The following parts focus on the European approach to whistleblower laws. It illustrates the influence of the Council of Europe in putting whistleblower protection on the European agenda and discusses the European Court of Human Rights’ case law on whistleblowing under Article 10 of the European Convention on Human Rights. In the final part, the author analyzes the evolution of the European Union’s approach to whistleblowing and the legal significance of the EU Whistleblower Directive adopted in 2019. In the respective parts, the author also examines the effectiveness of the international organizations’ own internal rules on whistleblowing, from the United Nations and the World Bank Group to the Council of Europe and the European Union.

Giantkillers

Author : Henry Scammell
Publisher :
ISBN 13 :
Total Pages : 330 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Giantkillers by : Henry Scammell

Download or read book Giantkillers written by Henry Scammell and published by . This book was released on 2004 with total page 330 pages. Available in PDF, EPUB and Kindle. Book excerpt: "Giantkillers" describes in novelistic detail how an unlikely team--a conservative senator, a liberal congressman, and a crusading public interest attorney--revitalized a public interest law, enacted during the Civil War, that was gutted by lobbyists and almost forgotten.

International Handbook on Whistleblowing Research

Author : A J Brown
Publisher : Edward Elgar Publishing
ISBN 13 : 1781006792
Total Pages : 704 pages
Book Rating : 4.7/5 (81 download)

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Book Synopsis International Handbook on Whistleblowing Research by : A J Brown

Download or read book International Handbook on Whistleblowing Research written by A J Brown and published by Edward Elgar Publishing. This book was released on 2014-08-29 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: øFeaturing contributions from scholars and policy practitioners in a number of diverse fields _ including sociology, political science, psychology, information systems, media studies, business, management, criminology, public policy and several branche

Whistleblowing for Change

Author : Tatiana Bazzichelli
Publisher : transcript Verlag
ISBN 13 : 3839457939
Total Pages : 377 pages
Book Rating : 4.8/5 (394 download)

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Book Synopsis Whistleblowing for Change by : Tatiana Bazzichelli

Download or read book Whistleblowing for Change written by Tatiana Bazzichelli and published by transcript Verlag. This book was released on 2021-11-30 with total page 377 pages. Available in PDF, EPUB and Kindle. Book excerpt: The courageous acts of whistleblowing that inspired the world over the past few years have changed our perception of surveillance and control in today's information society. But what are the wider effects of whistleblowing as an act of dissent on politics, society, and the arts? How does it contribute to new courses of action, digital tools, and contents? This urgent intervention based on the work of Berlin's Disruption Network Lab examines this growing phenomenon, offering interdisciplinary pathways to empower the public by investigating whistleblowing as a developing political practice that has the ability to provoke change from within.

Whistleblowers

Author : C. Fred Alford
Publisher : Cornell University Press
ISBN 13 : 1501712926
Total Pages : 185 pages
Book Rating : 4.5/5 (17 download)

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Book Synopsis Whistleblowers by : C. Fred Alford

Download or read book Whistleblowers written by C. Fred Alford and published by Cornell University Press. This book was released on 2016-11-15 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: In a dark departure from our standard picture of whistleblowers, C. Fred Alford offers a chilling account of the world of people who have come forward to protest organizational malfeasance in government agencies and in the private sector. The conventional story—high-minded individual fights soulless organization, is persecuted, yet triumphs in the end—is seductive and pervasive. In speaking with whistleblowers and their families, lawyers, and therapists, Alford discovers that the reality of whistleblowing is grim. Few whistleblowers succeed in effecting change; even fewer are regarded as heroes or martyrs.Alford mixes narrative analysis with political insight to offer a frank picture of whistleblowing and a controversial view of organizations. According to Alford, the organization as an institution is dedicated to the destruction of the moral individualist. Frequently, he claims, the organization succeeds, which means that the whistleblowers are broken, unable to reconcile their actions and beliefs with the responses they receive from others. In addition to being mistreated by organizations, whistleblowers often do not receive support from their families and communities. In order to make sense of their stories, Alford claims, some whistleblowers must set aside the things they have always believed: that loyalty is larger than the herd instinct, that someone in charge will do the right thing, that the family is a haven from a heartless world. Alford argues that few whistleblowers recover from their experience, and that, even then, they live in a world very different from the one they knew before their confrontation with the organization.

Side Effects

Author : Alison Bass
Publisher : Algonquin Books
ISBN 13 : 1565126432
Total Pages : 273 pages
Book Rating : 4.5/5 (651 download)

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Book Synopsis Side Effects by : Alison Bass

Download or read book Side Effects written by Alison Bass and published by Algonquin Books. This book was released on 2008-06-17 with total page 273 pages. Available in PDF, EPUB and Kindle. Book excerpt: As the mental health reporter for the Boston Globe, Alison Bass's front-page reporting on conflicts of interest in medical research stunned readers, and her series on sexual misconduct among psychiatrists earned a Pulitzer Prize nomination. Now she turns her investigative skills to a controversial case that exposed the increased suicide rates among adolescents taking antidepressants such as Paxil, Prozac, and Zoloft. Side Effects tells the tale of a gutsy assistant attorney general who, along with an unlikely whistle-blower at an Ivy League university, uncovered evidence of deception behind one of the most successful drug campaigns in history. Paxil was the world's bestselling antidepressant in 2002. Pediatric prescriptions soared, even though there was no proof that the drug performed any better than sugar pills in treating children and adolescents, and the real risks the drugs posed were withheld from the public. The New York State Attorney General's office brought an unprecedented lawsuit against giant manufacturer GlaxoSmithKline, the maker of Paxil, for consumer fraud. The successful suit launched a tidal wave of protest that changed the way drugs are tested, sold, and marketed in this country. With meticulous research, Alison Bass shows us the underbelly of the pharmaceutical industry. She lays bare the unhealthy ties between the medical establishment, big pharma, and the FDA—relationships that place vulnerable children and adults at risk every day.

Whistleblowers

Author : Allison Stanger
Publisher : Yale University Press
ISBN 13 : 0300189567
Total Pages : 297 pages
Book Rating : 4.3/5 (1 download)

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Book Synopsis Whistleblowers by : Allison Stanger

Download or read book Whistleblowers written by Allison Stanger and published by Yale University Press. This book was released on 2019-09-24 with total page 297 pages. Available in PDF, EPUB and Kindle. Book excerpt: A “brisk and interesting” exploration of exposing misconduct in America—from the Revolutionary War era to the Trump years (Jill Lepore, The New Yorker). PROSE Award winner in the Government, Policy and Politics category Misconduct by those in high places is always dangerous to reveal. Whistleblowers thus face conflicting impulses: by challenging and exposing transgressions by the powerful, they perform a vital public service—yet they always suffer for it. This episodic history brings to light how whistleblowing, an important but unrecognized cousin of civil disobedience, has held powerful elites accountable in America. Analyzing a range of whistleblowing episodes, from the corrupt Revolutionary War commodore Esek Hopkins (whose dismissal led in 1778 to the first whistleblower protection law) to Edward Snowden, to the dishonesty of Donald Trump, Allison Stanger reveals the centrality of whistleblowing to the health of American democracy. She also shows that with changing technology and increasing militarization, the exposure of misconduct has grown more difficult to do and more personally costly for those who do it—yet American freedom, especially today, depends on it. “A stunningly original, deeply insightful, and compelling analysis of the profound conflicts we have faced over whistleblowing, national security, and democracy from our nation's founding to the Age of Trump.” —Geoffrey R. Stone, award–awinning author of Perilous Times “This clear-eyed, sobering book narrates a history of whistle-blowing, from the American Revolution to Snowden to Comey, and delivers the verdict that the republic is at risk—a must read.” —Danielle Allen, award-winning author of Our Declaration

Big Dirty Money

Author : Jennifer Taub
Publisher : Penguin
ISBN 13 : 1984879995
Total Pages : 369 pages
Book Rating : 4.9/5 (848 download)

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Book Synopsis Big Dirty Money by : Jennifer Taub

Download or read book Big Dirty Money written by Jennifer Taub and published by Penguin. This book was released on 2021-09-28 with total page 369 pages. Available in PDF, EPUB and Kindle. Book excerpt: “Blood-boiling…with quippy analysis…Taub proposes straightforward fixes and ways everyday people can get involved in taking white-collar criminals to task.”—San Francisco Chronicle How ordinary Americans suffer when the rich and powerful use tax dodges or break the law to get richer and more powerful—and how we can stop it. There is an elite crime spree happening in America, and the privileged perps are getting away with it. Selling loose cigarettes on a city sidewalk can lead to a choke-hold arrest, and death, if you are not among the top 1%. But if you're rich and commit mail, wire, or bank fraud, embezzle pension funds, lie in court, obstruct justice, bribe a public official, launder money, or cheat on your taxes, you're likely to get off scot-free (or even win an election). When caught and convicted, such as for bribing their kids' way into college, high-class criminals make brief stops in minimum security "Club Fed" camps. Operate the scam from the executive suite of a giant corporation, and you can prosper with impunity. Consider Wells Fargo & Co. Pressured by management, employees at the bank opened more than three million bank and credit card accounts without customer consent, and charged late fees and penalties to account holders. When CEO John Stumpf resigned in "shame," the board of directors granted him a $134 million golden parachute. This is not victimless crime. Big Dirty Money details the scandalously common and concrete ways that ordinary Americans suffer when the well-heeled use white collar crime to gain and sustain wealth, social status, and political influence. Profiteers caused the mortgage meltdown and the prescription opioid crisis, they've evaded taxes and deprived communities of public funds for education, public health, and infrastructure. Taub goes beyond the headlines (of which there is no shortage) to track how we got here (essentially a post-Enron failure of prosecutorial muscle, the growth of "too big to jail" syndrome, and a developing implicit immunity of the upper class) and pose solutions that can help catch and convict offenders.