ATI In-House Insights: Cultivating a Speak Up Culture: Whistleblower Management Insights with Maria Buccieri and Ashley Smith

Welcome to the Hughes Hubbard Anti-Corruption & Internal Investigations Practice Group’s podcast, All Things Investigation. This is a special series featuring sights from in-house practitioners, hosted by Mike DeBernardis. In this podcast, Mike visits with Maria Buccieri and Ashley Smith, Deputy General Counsel at Amtrak, about Encouraging and Managing Whistleblowers. Ashley and Maria, both compliance and legal leaders from Amtrak, discuss how to encourage and manage whistleblowers as a core element of an effective compliance program, emphasizing that a lack of reports does not indicate a healthy organization. They describe a “speak-up” culture as one where employees feel heard, senior leaders model speaking up, and reporting is accessible across a diverse workforce through multiple channels (phone, email, QR codes, mobile tools, in-person availability) and languages. Key barriers include fear of retaliation (often through subtle workplace ostracism), disappointment when nothing happens, and loss of anonymity. They outline best practices for handling reports consistently with other serious complaints, preserving confidentiality “as much as possible,” training mid-level managers and investigators, and maintaining communication with reporters during lengthy investigations. They also caution against dismissing “serial reporters,” recommending contextual analysis and internal process checks. Key highlights: Healthy Speak Up Culture Why Employees Stay Silent Handling Reports Fairly Protecting Confidentiality Keeping Reporters Updated Serial Reporters and Sparse Tips Resources: Hughes Hubbard & Reed Website Mike DeBernardis Maria Buccieri on LinkedIn Ashley Smith on LinkedIn