Episode Transcript
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0:15
Pushkin. Ray
0:24
Dirks was an insurance company. Analyst
0:27
Equity Funding was an insurance company.
0:30
The year was nineteen seventy three. The
0:33
company's bosses were hosting Dirks to lunch
0:36
in their boardroom, high up in a
0:38
Los Angeles skyscraper, a
0:40
mundane everyday event. No,
0:44
the air in the boardroom was thick
0:47
with tension. Ray,
0:49
it's the twenty eighth floor. But
0:51
don't worry, the windows are locked. If
0:54
that was a joke, Ray Dirks wasn't
0:56
laughing. He had heard those rumors
0:58
about his hosts being linked to the
1:01
mafia. They'd have every
1:03
reason to be glad he fell out
1:05
of a window. Equity Funding's
1:07
bosses had been purple traiting one
1:09
of the biggest, most audacious
1:11
frauds in corporate history, and
1:14
Ray Dirks was onto them because
1:16
a few weeks earlier, the company
1:19
had made a fatal mistake. They'd
1:22
fired an employee who knew
1:24
all about the scam.
1:27
That employee was called Ron Seacrest,
1:30
and he was furious. He
1:32
decided to take revenge. But who
1:34
should he talk to. Seacrest
1:37
knew he had to choose carefully. The
1:40
fraud was so huge, so audacious.
1:42
He feared that nobody would believe him,
1:45
except perhaps for
1:48
one man, Ray
1:51
Dirk's analyzed insurance companies
1:53
and advised investors on choosing stock.
1:56
But Dirks wasn't your smooth, talking,
1:59
clean cut Wall Street type. Dirks
2:01
was tubby and disheveled, excitable,
2:03
cynical, and disarmingly candid.
2:06
He had a reputation for being unconventional
2:09
and the tenacious investigator. Dirk's
2:13
met Seacrist for lunch. Equity
2:16
funding would soon be in legal
2:18
trouble. But what's
2:21
odd is that so too would
2:23
raise Dirks the man
2:25
who would expose the fraud. His
2:28
fight to clear his own name would
2:30
go all the way to the Supreme
2:32
Court. I'm Tim
2:35
Harford, and you're listening to
2:37
cautionary tales. I'm
3:00
going to pose a moral dilemma. The
3:03
university professor approaches a student.
3:06
He wants to tell the student about a research project.
3:09
It's on the effects of extended
3:11
sensory deprivation, specifically
3:14
on how it affects brain functioning. He's
3:16
performed his experiment on a few participants
3:19
already that all panicked
3:21
and their cognition was temporarily impaired.
3:24
Some had hallucinations too,
3:26
even asked him to stop the experiment,
3:29
but he didn't. It was just too
3:31
interesting to see what would happen. The
3:34
professor explains that he needs to recruit
3:36
more participants so he can continue
3:38
his investigation, but he's worried
3:41
that the university's ethics committee isn't
3:43
going to approve his request, and
3:45
you might well think he's worried with
3:48
good reason. Now
3:50
put yourself in the shoes of the student
3:53
hearing this rather unnerving story.
3:56
The professor explains that the committee
3:58
can be swayed by testimonials
4:00
about the research, So could you
4:02
please do the professor a favor and
4:05
write a statement to convince other students
4:07
to take part. You'll need to sound
4:10
enthusiastic, be sure to use words
4:12
like exciting and superb. If
4:15
it goes well, he'll have more opportunities
4:17
in future. He might even be able to
4:19
pay you. Here's the dilemma.
4:23
Would you contact the university's
4:25
ethics committee to report the professor
4:28
he's offering you money for
4:30
a fake testimonial in support
4:32
of a project that's clearly unethical.
4:35
When researchers asked some students
4:37
in Amsterdam that hypothetical question,
4:40
nearly two thirds said yes,
4:42
absolutely. They would blow the whistle.
4:45
But then with a different set
4:47
of students, the researchers staged
4:50
this experiment for real. How
4:52
many actually blew the whistle? Not
4:55
two thirds, not even close.
4:58
It wasn't even one in ten. The
5:01
take home message from this research seems
5:03
to be that we talk a big game about our moral
5:05
standards, but we fall short in
5:08
practice. But there's
5:10
another way of looking at it. Perhaps
5:13
when it really matters, we're
5:15
not cowards or hypocrites. Perhaps
5:18
we're wise, because story
5:21
after story tells us that whistleblowing
5:23
is often far more trouble than
5:26
it's worth. The
5:29
insurance analyst Ray Dirk's first
5:32
learned the scale of wrongdoing at Equity
5:34
Funding over lunch with disgruntled
5:36
ron Seacrest in New York. His
5:39
jaw was soon on the floor.
5:42
The details of the fraud are intricate,
5:45
you can read them in Dirks's book The Great
5:47
Wall Street Scandal, but they
5:49
boiled down to a simple and astonishing
5:52
fact. Roughly half
5:54
of Equity Funding's life insurance customers
5:58
were fictional. The company
6:00
simply invented people and put them
6:02
in their computer system. Then
6:04
they sold on the future income stream
6:07
from these fake policies to
6:09
a reinsurance company. It
6:11
didn't cross anyone's mind that the reinsurance
6:13
company to investigate if these policies
6:16
referred to real people, why
6:19
would it Selling
6:21
on the policies gave Equity Funding
6:24
cash today in return for
6:26
promises of payments tomorrow. When
6:28
tomorrow came, Equity covered its
6:30
bills by inventing yet more
6:33
customers and selling their policies
6:35
for more upfront payments. It
6:37
was a giant Ponzi scheme. Unlike
6:40
every other Ponzi scheme, it couldn't
6:42
go on forever, but
6:44
the bosses knew that, and they had a plan,
6:47
a clever one. Equity Funding
6:49
was a publicly traded company. By
6:51
mass producing fake customers, the
6:54
c suite suits made it look like the company
6:56
was growing quickly, and that made investors
6:59
excited. The company's share
7:01
price went up and up. The
7:03
bosses used Equity Funding shares to
7:05
buy stakes in other companies, genuine
7:08
companies with real customers. Just
7:11
think about it. The chutzpah is breathtaking.
7:19
Over lunch, Seacrist calmly
7:21
recounted what he had experienced working
7:24
at Equity Funding late
7:26
one afternoon. He had been asked by a colleague
7:28
to work late on a project, some
7:30
filing, special filing.
7:34
Several managers sat around in a conference
7:36
room inventing fake names and giving
7:38
them fake life insurance. Seacrist
7:41
was pressed into service. He
7:43
was bewildered. The others laughed at
7:45
his confusion. The new kid who didn't get
7:47
the joke. Ron Seacrist
7:50
told his story for four hours.
7:53
He left Ray Dirks with a dilemma.
7:56
Dirks, remember, was a well respected
7:58
analyst. People listened to him,
8:01
investors paid for his company's advice, and
8:03
some of his company's clients had shares
8:05
in equity funding, shares that would
8:08
be worth much less if what he'd
8:10
heard was true, perhaps even
8:12
worth nothing at all. His clients
8:15
deserved to know. But this
8:17
was just one man's story with no real
8:19
evidence. Should he really
8:21
pass on rumors? Perhaps not,
8:23
But how else could he investigate? Dirks
8:27
decided to confide in a few trusted
8:29
contacts. He got very different
8:31
responses. His contact
8:34
at the Boston Company told him they didn't really
8:36
believe the story, but better safe
8:38
than sorry. They decided to sell
8:40
all their shares. Another
8:43
gave him a warning, Ray,
8:46
you could ruin your reputation telling wild
8:48
stories. You need to confirm
8:51
this first, get on the
8:53
next plain to Los Angeles and confront
8:55
Stanley Goldblum in person. Stanley
8:58
Goldblum was the boss of equity
9:00
funding. He
9:03
was a towering weightlifting fanatic.
9:06
Not a man you want to cross.
9:09
But so it was that the chubby, bespectacled
9:11
Dirks found himself in a Los
9:13
Angeles hotel breakfast room
9:15
in his dated brown suit, gazing
9:18
nervously up at a thunder faced
9:20
Stanley Goldblum, neck muscles
9:23
rippling Stanley, how
9:25
are you not good? Our
9:27
share price has just gone down seventeen percent
9:29
on a single trade. Oh,
9:31
that'll be the Boston
9:33
company selling up. I had no idea they
9:35
owned so many ships.
9:39
Who else did you talk to? These
9:43
rumors are preposterous, said
9:45
Goldblum, But he made an
9:47
offer. Come to the office, he said, talk
9:50
to whoever you want. Dirks
9:52
spent the morning being shuffled from meeting
9:54
to meeting. Over lunch on the twenty
9:57
eighth floor, Goldblum tried to
9:59
gauge how convincing his colleagues had been.
10:02
What do you think now? Well, do you guys certainly
10:04
seem to make a strong case. What are
10:06
you planning to do next? I
10:09
don't know. I'm going to go back to my hotel room and
10:12
think about it. Dirks
10:14
did just that. He sat
10:16
in his hotel room and thought. He
10:20
called a reporter at the Wall Street Journal.
10:22
Then he talked to more ex employees
10:25
of Equity Funding. He talked to more
10:27
investors. He talked to the Securities
10:29
and Exchange Commission, the industry regulator.
10:32
He talked to Equity Funding's auditor.
10:35
And he talked to the company's former
10:38
auditor who'd been taken off the job,
10:41
perhaps for starting to suspect too
10:43
much. That person
10:46
had an alarming question, where
10:49
are you staying? I met the Bebily
10:51
Wilshon. Oh yeah, how many people know you're
10:53
there? A lot of people? Okay,
10:55
If I were you, for your own personal safety,
10:58
I would move out right now. Dirks
11:01
wasn't about to take chances. He
11:04
walked blocked down the street to another
11:06
hotel and checked in
11:09
under a different name. Cautionary
11:16
tales will return shortly. Cheryl
11:24
Echard was a quality assurance
11:26
manager at the pharmaceutical company
11:28
Glaxo smith Kline. In
11:30
two thousand and two, she was sent to
11:32
check out some worrying reports about
11:34
a factory in Cedra, Puerto Rico.
11:38
She was shocked by what she found. Water
11:41
sources were contaminated, environments
11:44
weren't sterile. The factories
11:46
managers were cutting corners all over
11:48
the place. One
11:51
morning, the factory's director of manufacturing
11:53
pulled Cheryl Echard aside. He
11:56
wanted to know why she was showing up every
11:58
morning, obviously close to tears,
12:01
eyes swollen from crying. Could
12:04
she stop? It was making everyone feel awkward.
12:07
You know what I do cry? I cry at
12:09
night, I cry in the morning. And
12:12
what I don't understand is why I'm the only one.
12:15
Why are you crying? The
12:17
Cedro factory in Puerto Rico felt
12:20
like a nightmare to Echard. She
12:22
spent eight painstaking months
12:25
documenting all the problems there. She
12:27
wrote up a comprehensive report and sent it
12:29
to her bosses at Glaxo smith Kline. She
12:32
expected them to thank her and swiftly
12:34
put things right. Instead,
12:37
they made her redundant. Nothing
12:40
personal, they said, just downsizing. So
12:43
Cheryl Echard blew the whistle. She
12:46
went to the FDA, the Food and Drug Administration,
12:49
the US regulator. Armed
12:51
with Cheryl's information, the FDA raided
12:54
the factory in Cedra and seized millions
12:56
of dollars worth of substandard drugs.
13:00
Cheryl knew she had done the right thing, but
13:03
now she had another reason for crying
13:06
at night. You lose your friends because
13:09
your friends or people from work, it's
13:11
difficult to survive financially and
13:14
emotionally. That's
13:17
an all too typical experience
13:19
for whistleblowers. According to Kate Kenny,
13:22
a professor at the National University of Ireland
13:24
in Galway. Professor Kenny studied
13:26
what happened to dozens of whistleblowers. It's
13:29
common for them to be shunned by former friends.
13:31
They find it hard to get another job in the same industry,
13:34
and that can be true even when
13:36
whistleblowing is basically their job
13:38
description. Martin
13:45
Woods had worked for the British Police
13:47
for nearly two decades when he decided
13:50
to move into banking. Banks
13:52
employ anti money laundering officers
13:54
to look for suspicious transactions, and
13:57
when Woods started work for the London branch
13:59
of Wakovia, an American bank, it
14:01
didn't take him long to find some high
14:05
value deposits made in traveler's
14:07
checks with sequential numbers. Were
14:09
the customers really just innocent
14:12
tourists, It seemed unlikely.
14:15
In fact, they were working for a drug
14:17
cartel. Drugs sell
14:19
on the streets for cash, but
14:21
it's hard to use big wads of banknotes
14:24
to buy things in the regular economy. The
14:26
cartels need to launder that money
14:28
into respectable looking entries. In
14:30
the books of the Global Financial System,
14:33
it turned out they'd laundered
14:36
over three hundred billion
14:38
dollars through a covire. They'd
14:40
used it to buy things like a McDonald Douglas
14:43
DC nine airplane, which was seized
14:45
on a Mexican runway carrying five
14:47
tons of cocaine. But when
14:50
Martin Woods started to report these
14:52
dodgy looking traveler's check transactions
14:55
were his boss is happy. No,
14:58
he says, they were not. Martin.
15:01
This is a disaster and it's all your fault.
15:03
Wait, what's my fault. I'm
15:05
not going to get my bonus this year
15:08
that were the boss explained. The
15:11
departments that make the money give scores
15:13
to the departments that provide support services.
15:16
Bonuses depend on the scores, and
15:18
the compliance department had topped
15:20
the scorecard for years. It
15:23
was getting stellar scores, it seems,
15:25
because it was giving the money making department
15:27
what it wanted, and what the moneymakers
15:30
wanted from compliance was
15:33
not asking too many questions. So
15:35
now that I've started to do a proper job, they're
15:37
giving the compliance department lower scores.
15:40
Exactly, mordn and their effects
15:43
my bonus. You see. The
15:46
bank was eventually fined, but
15:49
for Woods himself, working life
15:51
soon became intolerable. The
15:53
researcher Kate Kenney says whistleblowers
15:56
often find themselves being targeted
15:58
for the tiniest breaches of company
16:00
policy. When Woods went to the
16:02
hospital with a slipped disc or Coovia
16:05
said he hadn't called in sick in
16:07
the precise mannerified
16:09
in his employee's handbook. They
16:11
also told him off for helping the British
16:14
police to investigate a corrupt African
16:16
politician. That's a disciplinary
16:18
offense. Dollar accounts have nothing
16:20
to do with you. They're a US matter. The
16:22
police phoned me from Mauritius. It was mourning
16:25
in London. They needed help right then. The
16:27
US was still in bed fielding their car.
16:29
Was a disciplinary offense because
16:31
the police rang me up and I answered the phone.
16:34
Yes. The stress drove
16:36
Woods to the verge of breakdown. He
16:39
quit his job, sued Wakovia
16:41
and settled out of court. When
16:44
he applied for other jobs, he didn't
16:46
have much luck. When other
16:48
people see what happens to whistleblowers,
16:51
it naturally makes them more cautious.
16:55
Woods says he's often had conversations
16:58
like this, you're Martin Woods. Aren't
17:00
you well done? I really admire
17:02
what you did. Thank you. I'm
17:04
an antimoney laundering officer too. And
17:06
how does your bank react when you flag suspicious
17:09
activity? When I,
17:12
oh, don't do that. I like my job.
17:15
I want to keep it. Those
17:18
people didn't go into their anti money
17:20
laundering career intending to
17:22
turn a blind eye. Like the
17:24
students in the research experiment. They
17:26
probably thought they would blow the whistle, but
17:29
when faced with the choice for real, they
17:32
chose a quiet life. Lots
17:35
of employees at Equity Funding had
17:37
wrestled with that dilemma too. Remember,
17:40
Equity Funding had been making up fake
17:42
clients. Ray Dirk's estimated
17:45
that about a hundred of the company's employees
17:47
must have known or at least had their
17:49
suspicions. Yet only
17:51
Ron Seacrest had done anything
17:54
about it, and only because he had
17:56
been fired. Why didn't
17:58
the others blow the whistle? Some
18:00
felt they didn't know enough to be sure, Some
18:03
just wanted to keep drawing their paychecks.
18:06
Some were uncomfortable enough to quit the company,
18:09
but not to kick up a fuss. One
18:12
employee told Dirks that he had wrestled
18:14
with his conscience and eventually asked the
18:16
minister at his church for advice.
18:19
You'll should think of your family, You
18:21
mean, I should keep on working
18:23
for this company for now, but look for another
18:26
job when you find one, leave.
18:28
Should I report on what I know? You'll
18:31
should think of your family. A
18:33
handful of employees did try to report
18:35
their suspicions to various regulatory
18:37
bodies, but it seems the regulators
18:40
never took them seriously. And that's
18:42
not surprising because the claims about
18:44
the fake insurance policies were so
18:46
mind boggling. It would be like somebody
18:49
coming to an analyst who follows automobile
18:51
companies and saying, Chrysler
18:53
doesn't put engines in their automobiles. They
18:56
use big rubber bounds. I
18:58
would have thrown the guy out of my offers
19:00
if he'd come to see me and tell me that it
19:04
was precisely because he expected
19:06
that kind of brush off from the authorities
19:09
that Ron Seacrest had decided
19:11
to approach. Ray Dirks Seacrest
19:14
had a strategy. The more that
19:16
Dirks poked around, he thought,
19:18
the more equity funding shareholders
19:20
would start to hear the allegations.
19:23
Some would get cold feet and sell, and
19:26
if the share price started to create the
19:28
regulators would surely have to investigate.
19:31
And that's more or less what happened. But
19:34
if the sec was grateful to Dirks,
19:37
it shows a strange way of showing it.
19:40
It formally reprimanded him
19:42
for insider trading. Cautionary
19:49
tales will return shortly. Where
20:02
does our moral sense come from?
20:04
Why do we instinctively feel that some
20:06
things are right and others are wrong?
20:10
The psychologists Jonathan Hate
20:12
and Craig Joseph proposed a theory,
20:14
moral foundations theory. They
20:17
think we can trace our moral instincts
20:19
to a few basic foundations,
20:21
such as fairness, loyalty, and
20:24
preventing harm. The whistleblower's
20:27
dilemma arises when loyalty
20:29
comes into conflict with some other
20:31
moral value. Remember
20:33
what Cheryl Eckard said about blowing the whistle
20:36
on the substandard pharmaceutical factory.
20:39
You lose your friends because your friends
20:41
are people from work. The whistleblower's
20:43
dilemma is familiar to everyone
20:46
who's ever been a child. Tattletale
20:48
or snitch is the worst of playground
20:51
insults. Martin Woods had
20:53
trouble finding another job after he left
20:55
Bokovia. He thinks you can
20:57
draw a line straight from the playground
20:59
to our treatment of whistleblowers in
21:02
the world of work. As children,
21:04
we're told don't tell tales, and
21:06
we tell our kids don't tell tales.
21:09
Why do we do that. We have an anxiety
21:11
around their social grouping and their social
21:13
acceptance. But we're telling them
21:15
not to light people who tell tales
21:18
the whistleblower. But there must
21:20
be something else going on, because we admire
21:22
whistleblowers too. We root
21:24
for Martin Woods and Cheryl Eckard, not
21:27
the bonus chasing boss or the cost conscious
21:29
factory director. We cheer on
21:31
Ray Dirks. Though I
21:34
must confess I've stacked the deck.
21:36
I deliberately chose to tell the stories
21:38
of whistleblowers who are easy to warm
21:40
to. I could easily have picked some more difficult
21:43
characters, more awkward or
21:45
prickly or priggish.
21:48
When do we praise a whistleblower for doing
21:50
what's right? And when do we worry that someone
21:53
who snitched on others might
21:55
also snitch on us. It
21:57
surely comes down to how serious
21:59
we think the transgression was that they blew
22:02
the whistle on. Suppose
22:04
you were interviewing a candidate for a job and
22:06
you heard they'd called the police on their
22:08
former boss because he was extremely
22:11
drunk after an office party and insisting
22:13
on driving himself home. I'd
22:15
think more of them for doing that. That's
22:17
surely a case where preventing harm trump's
22:20
loyalty to the boss. But suppose
22:23
the job candidate had called the police on
22:25
their former boss because he'd jumped
22:27
a red light on a deserted road when
22:29
late for a meeting. That's someone I might
22:31
not want on my team. And
22:34
what if the whistleblowing case is hard
22:36
to understand as many are
22:39
would I take a chance on employing the whistleblower
22:41
if I had some other suitable candidate.
22:44
It's easy to see why whistleblowers
22:46
might struggle to find employment. Remember
22:53
the students in Amsterdam and the experiment
22:56
with the unethical researcher. When
22:58
given a hypothetical scenario, most
23:01
said they'd blow the whistle When
23:03
actually put in that position, hardly
23:05
anyone did we get cold
23:08
feet because we worry about making trouble
23:10
for ourselves or for our families.
23:13
We don't want to be a tattletale. But
23:15
this is a problem because if we
23:17
want to find out when organizations are
23:19
doing things wrong, we need employees
23:22
to be brave enough to raise the whistle to
23:24
their lips. The economist
23:26
luigi's Engalas and his colleagues studied
23:29
all alleged cases of fraud
23:32
in big US companies over
23:34
an eight year period. There were over
23:36
two hundred of them, including Enron
23:38
and WorldCom. They
23:40
wanted to find out who brought those frauds
23:42
to light, and despite the risks,
23:45
it turns out that employees were
23:47
surprisingly important. They
23:50
revealed as many of the cases as
23:52
the company auditors and the
23:54
regulators put together.
23:58
It makes sense employees
24:00
are the ones who have the inside track
24:02
on corporate malfeasance, and we
24:04
want them to come forward when they have concerns.
24:07
So how could we change the incentives
24:10
around whistleblowing. One
24:12
answer, say some researchers, is
24:14
to work with the grain of our deep
24:17
rooted instinct to be loyal. Leaders
24:19
can choose to create a culture in which
24:21
whistleblowing is seen as being loyal
24:23
to the company, not disloyal
24:26
to your immediate colleagues. There
24:28
is another obvious way to incentivize
24:30
people money. Martin
24:33
Woods, remember was a policeman before he worked
24:36
for banks. He was used
24:38
to paying for tip offs. If we bought
24:40
information on where the drugs are, why
24:43
are we not buying information on where the financial
24:45
crime is. Why are we not buying information
24:47
about where the tax evasion is. Why
24:50
is that so different? Those are
24:52
good questions. In fact, sometimes
24:55
we do pay cash rewards to whistleblowers,
24:58
and the evidence suggests that those rewards
25:00
work. According to the economist luigi's
25:03
Engalis and his big study of alleged
25:05
corporate fraud, in some of those
25:07
cases there the chance of
25:09
a payoff for information, and employees
25:12
were three times more likely to
25:14
blow the whistle. But
25:17
few countries have made concerted efforts
25:19
to reward whistleblowers. South
25:21
Korea is one that has Its
25:24
government pays millions of dollars
25:26
a year in rewards for tipoffs about
25:28
everything from tax dodges to unsaved
25:30
food to unlicensed medical products.
25:33
It seems to work. In
25:36
other countries, the rewards tend to be patchea.
25:39
They exist in some sectors and not
25:41
in others, and that largely
25:43
comes down to historical luck. The
25:46
US, for instance, has a law called the False
25:48
Claims Act. It dates back to the Civil
25:51
War, and it rewards people for saving
25:53
the government money by alerting them
25:55
to suppliers who rip them off. So
25:58
if you work for a company that just happens
26:00
to sell to the government, then you might get
26:02
a reward for blowing the whistle. What
26:04
kind of companies sell to the government. Pharmaceutical
26:07
companies are wanting example, think
26:10
of Medicare. The government buys lots
26:12
of drugs, and if some of those drugs
26:14
were made in a factory in Cedra Puerto
26:17
Rico, say in a non sterile
26:19
environment with contaminated
26:21
water, well, the government might
26:23
reward you for letting them know about that.
26:28
Seven years after Glaxo Smith Klein
26:30
made Cheryl Echard redundant, the
26:32
US federal government find the
26:34
company and gave Cheryl Echard
26:37
the share she was due under the
26:39
False Claims Act ninety
26:41
six million dollars. Martin
26:47
Woods wasn't quite so lucky. Just
26:50
two years after he blew the whistle on Wakovia,
26:53
the US introduced new laws
26:55
to reward whistleblowers in the financial
26:58
sector. Only he'd blown the
27:00
whistle, then he'd have got
27:02
twelve million dollars. But
27:05
Wood says he has no regrets. Now
27:08
call me conceited, but I like
27:10
me. I like what I stand for. I
27:12
like my profile, my brand, and
27:14
most of all, my integrity.
27:17
Woods now works as a consultant, and
27:20
he discovered why he'd initially found
27:22
it so hard to get his foot in the door with
27:24
a new employer. He was on a
27:26
database at the Financial Conduct
27:28
Authority, a British regulator. Banks
27:31
could check the database for information
27:33
on potential employees. Woods
27:36
was flagged as non routine.
27:40
But why might a regulator seemingly
27:43
want to make life difficult for a
27:45
whistleblower. Woods
27:47
had his suspicions, when
27:49
you blow the whistle on a bank indirectly,
27:51
you're also blowing the whistle on regulatory
27:53
failure. This was certainly the
27:56
case as well with insurance analyst
27:58
Ray Dirts. When the investigation
28:00
into equity funding had run its course,
28:03
twenty two people faced criminal
28:05
charges. Six went
28:07
to jail, including the fanatical weightlifter
28:10
Stanley Goldlum.
28:13
But everyone knew the SEC would
28:15
never have uncovered the fraud at equity
28:17
Funding on its own. A
28:19
lone, idiosyncratic sleuth had
28:22
shown them up. Yes, but
28:25
said the SEC. Dirks
28:27
had talked through the allegations with clients
28:30
who owned shares in equity funding, and
28:33
some of those clients had then sold their
28:35
shares. Couldn't you say that was
28:37
inside of trading? Dirks
28:40
was furious at being reprimanded
28:43
by the SEC. He
28:45
took them to court and
28:47
lost. He appealed,
28:50
and after ten years, got his day
28:53
in front of the Supreme Court. The
28:57
SEC is a government body and before
28:59
it can argue in front of the Supreme Court,
29:02
it needs the approval of the United States
29:04
Solicitor General. There was
29:06
just one problem. United States Solicitor
29:08
General loved what
29:10
Ray Dirks had done, so he
29:13
gave the SEC permission to argue their case,
29:16
but added a PostScript telling the judges
29:19
he disagreed with it. Dirks
29:22
won his case, but the
29:24
happy endings are exceptions. When
29:27
the economist Luigi's and Galis asked whistleblowers
29:30
if they'd do it all again, most
29:32
said no, it wasn't worth
29:34
the stress. Like the students
29:36
in Amsterdam, most of us
29:39
would like to think would blow the whistle. But
29:41
if we want people to have the courage to
29:43
follow through we need to celebrate,
29:46
protect and reward those
29:49
who blow the whistle key.
30:02
Sources for this episode include The
30:04
Great Wall Street Scandal by
30:07
Ray Dirks and Leonard Gross, Kate
30:09
Kenny's book Whistleblowing, and
30:11
Martin Woods's interview on KYC
30:14
three sixty. For a full list
30:16
of references, see Tim Harford dot
30:18
com. Cautionary
30:21
Tales is written by me Tim
30:23
Harford with Andrew Wright. It's
30:25
produced by Ryan Dilley and Marilyn
30:27
Rust. The sound design and original
30:30
music are the work of Pascal Wise.
30:33
Julia Barton edited the scripts.
30:36
Starring in this series of Cautionary
30:38
Tales are Helena Bonham, Carter
30:40
and Geoffrey Wright, alongside
30:43
Nazar Alderazzi, Ed Gochen,
30:45
Melanie Gutteridge, Rachel Hanshaw,
30:49
Cognor Holbrook, Smith, Reg
30:51
Lockett, Siam Unrowe and
30:53
Rufus Wright. The show would
30:55
not have been possible without the work of Mia
30:58
La Belle, Jacob Weisberg, Hell
31:00
Fame, John Schnarz, Carlie
31:03
mcgliori, Eric Sandler, Emily
31:05
Rostock, Maggie Taylor, Daniella
31:08
Lakhan, and Maya Kanig. Cautionary
31:11
Tales is a production of Pushkin
31:13
Industries. If you like the show, please
31:16
remember to share, rate, and
31:18
review.
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