-Caveat Lector-

http://www.philly.com/mld/inquirer/3777258.htm=20

 Posted on Thu, Aug. 01, 2002

Editorial | Reform double take

Bush backs off whistle-blower protection.

At a grandstanding White House signing ceremony, President Bush this week
gave the corporate fraud law the equivalent of a bear hug.

"This law says to every dishonest corporate leader: You will be exposed and
punished," Mr. Bush said.

Too bad that, several hours later, he issued a policy directive that appears
to hamstring the new measure's effectiveness.

The directive was nothing short of a swift kick in the hind quarters. And
now, investors have more reason to question Bush administration resolve
regarding boardroom scams.

While the once-reluctant White House is on board with the law's high-profile
provisions - tougher accounting industry oversight, longer jail time for
securities fraud - it backed away Tuesday from whistle-blower protections.

In an explanation of its interpretation of the law, the administration
narrowed the instances in which corporate whistle-blowers get federal job
protection. Whistle-blowers only will be shielded from company retaliation
if they talk to a congressional committee "in the course of an
investigation," the White House said. They would not be protected if they
brought their information to an individual lawmaker or an aide.

That came as a surprise to key senators, who said the law was meant to apply
broadly to whistle-blowers who drop a dime to any authority.

Long before any congressional investigation gets underway, in fact, most
whistle-blowers reach out to other authorities or media. They'll do so now
without any federal protection, if the administration view prevails.

Little wonder most people aren't willing to do what Enron tipster Sherron
Watkins did - buck the system at considerable personal risk. As corporate
scold Ralph Nader said recently, "There are thousands of people who could
have been whistle-blowers, from the boards of directors to corporate
insiders to the accounting firms to the lawyers working for these firms to
the credit-rating agencies." Could have, but were not.

Encouraging whistle-blowers to come forth is why Congress wrote broad
safeguards - and why Mr. Bush ought to redirect his directive.

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