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1
Alshoubaki, Wa’ed, and Michael Harris. "Striving for Protection: Whistleblowers in Jordan." SAGE Open 12, no. 2 (April 2022): 215824402210950. http://dx.doi.org/10.1177/21582440221095023.
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Whistleblowers take it upon themselves to protect public goods and resources by blowing the whistle on corruption. Yet, they are at risk of facing retaliation from their employers, as well as of experiencing firing, unfair appraisal, and isolation at work. In this article, we investigate the extent of whistleblower protection in Jordan. We discuss whistleblowers’ significant role in reporting wrongdoings and fighting corruption, as well as the price that whistleblowers pay to protect the public interest. In this study, we used the protection analysis approach by identifying the potential risks to which whistleblowers are exposed. Specifically, we used official documents analysis. The results are based on the analysis of Jordanian laws and policies, regional and international conventions, the investigation of whistleblower cases in the media, transparency international reports, and the Jordan Transparency Center. The review of spoken whistleblower cases revealed that legal policies stipulate protection; still, whistleblowers in Jordan face retaliation. We recommend considering judicial review to close the loopholes and to include protection principles into the rules of organizations’ procedures to provide better guarantees for protecting whistleblowers in Jordan.
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Alshoubaki, Wa’ed, and Michael Harris. "Striving for Protection: Whistleblowers in Jordan." SAGE Open 12, no. 2 (April 2022): 215824402210950. http://dx.doi.org/10.1177/21582440221095023.
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Whistleblowers take it upon themselves to protect public goods and resources by blowing the whistle on corruption. Yet, they are at risk of facing retaliation from their employers, as well as of experiencing firing, unfair appraisal, and isolation at work. In this article, we investigate the extent of whistleblower protection in Jordan. We discuss whistleblowers’ significant role in reporting wrongdoings and fighting corruption, as well as the price that whistleblowers pay to protect the public interest. In this study, we used the protection analysis approach by identifying the potential risks to which whistleblowers are exposed. Specifically, we used official documents analysis. The results are based on the analysis of Jordanian laws and policies, regional and international conventions, the investigation of whistleblower cases in the media, transparency international reports, and the Jordan Transparency Center. The review of spoken whistleblower cases revealed that legal policies stipulate protection; still, whistleblowers in Jordan face retaliation. We recommend considering judicial review to close the loopholes and to include protection principles into the rules of organizations’ procedures to provide better guarantees for protecting whistleblowers in Jordan.
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Buccirossi, Paolo, Giovanni Immordino, and Giancarlo Spagnolo. "Whistleblower rewards, false reports, and corporate fraud." European Journal of Law and Economics 51, no. 3 (April 29, 2021): 411–31. http://dx.doi.org/10.1007/s10657-021-09699-1.
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AbstractIt is often claimed that rewards for whistleblowers lead to fraudulent reports, but for several US programs this has not been a major problem. We model the interaction between rewards for whistleblowers, sanctions against fraudulent reporting, judicial errors, and standards of proof in the court case on a whistleblower’s allegations and the possible follow-up for fraudulent allegations. Balancing whistleblower rewards, sanctions against fraudulent reports, and courts’ standards of proof is essential for these policies to succeed. When the risk of retaliation is severe, larger rewards are needed and so are tougher sanctions against fraudulent reports. The precision of the legal system must be sufficiently high, hence these programs are not viable in weak institution environments, where protection is imperfect and court precision low, or where sanctions against false reporting are mild.
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Wahid, Abdul. "The Urgence of Whistleblower Legal Protection in the Criminal Justice System." Fiat Justisia: Jurnal Ilmu Hukum 16, no. 4 (November 16, 2022): 359–76. http://dx.doi.org/10.25041/fiatjustisia.v16no4.2660.
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The role of the whistleblower is significant in uncovering a case because many cases are not revealed. After all, no one reports or becomes a whistleblower. A whistleblower is legally protected and cannot be prosecuted civilly or criminally. Although currently, there is a Witness and Victim Protection Agency that carries out the task of protecting witnesses and victims, the Witness and Victim Protection Agency have not yet reached out to whistleblowers. The protection is given to whistleblowers only reduces punishment if the whistleblower is involved in the reported case or witnesses the perpetrator. The form of protection given to whistleblowers is legal and unique, and protection is not provided if the witness does not give testimony in good faith. So it is necessary to revise the Criminal Procedure Code and the Law on the Protection of Witnesses and Victims so that the whistleblower who is a witness to the perpetrator is included as one who should be protected by both criminal charges, even though he is the perpetrator and not only reduces the sentence.
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Setiawan, Gusti Nyoman Adung, Anak Agung Sagung Laksmi Dewi, and I. Made Minggu Widyantara. "Perlindungan Hukum terhadap Whistleblower dalam Tindak Pidana Narkotika." Jurnal Preferensi Hukum 2, no. 2 (June 30, 2021): 332–36. http://dx.doi.org/10.22225/jph.2.2.3330.332-336.
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A wistleblower is someone who is aware of a criminal act and notifies it to law enforcement officials. The role of whistleblowers is very important to help expose acts of narcotics abuse. The purpose of this study is to determine the legal protection arrangements for whistleblowers in narcotics abuse and to find out legal protection for whistleblowers in narcotics crime. The research method used in this research is normative legal research method normative legal research method which is carried out by examining a statutory regulation related to the problem being discussed and through a conceptual approach or conceptual approach which shows a concept, and uses a conceptual approach. doctrine, namely the views or thoughts of experts related to the science of law. A person who is a whistleblower or notifier in narcotics abuse always bears a reply from those who feel aggrieved or aggrieved as a result of a notification or report from a whistleblower, legal security for a person who is a pioneer or whistleblower in investigating criminal acts of narcotics abuse is important given to the authorities so that all people are willing to become reporters in order to support legal institutions to reveal and arrest narcotics abuse. Security for whistleblowers must be made strictly in law so that security for whistleblowers can be upheld.
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Che Abu Bakar, Mohd Al Omar, and Mazlina Mohamad Mangsor. "It’s Not Enough to Speak, But to Speak True: Revisiting the Whistleblower Protection Law in Malaysia." Malaysian Journal of Social Sciences and Humanities (MJSSH) 7, no. 11 (November 30, 2022): e001949. http://dx.doi.org/10.47405/mjssh.v7i11.1949.
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This research analyses the gaps and weaknesses in the existing legislative framework for whistleblower protection in Malaysia. The study found two main issues in the Malaysian Whistleblower Protection Act 2010 dealing with the disclosure of wrongdoings. They are the limited disclosure channel and an act of disclosure of information is an offence under other legislation. The protection for whistleblowers becomes vulnerable with the current restraints. Whistleblowing has significantly become one of the critical requirements in society as a medium to curb corruption. By analysing the weaknesses of this Act, the research contributes to the body of knowledge and plays a critical role in proposing to the policymakers for advocating some enhancement in the future for the sake of a whistleblower’s safety. The research adopts doctrinal and qualitative methodology. A content analysis through analytical legal approach is employed by examining the Malaysian existing law. A brief reference analysis is conducted on the United Kingdom Public Interest Disclosure Act 2010 and the Employment Act 1996. Thus, salient improvements of law provisions are recommended to better regulate the existing laws in Malaysia. The findings demonstrate the need for practical strength of amendments to protect the whistleblower due to unpredictable consequences. To date, potential whistleblowers are discouraged from disclosing information if the system is incapable of protecting them from fearing a backlash against them. The proposals suggested changes to the legislation to provide a good practice of guidance in handling concerns of wrongdoings.
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Godwin, Ashley Caitlin, Shamia Hoque, Jayanth Vemula, Henry C. Ausdenmoore, Michael Zhu, and Charles L. Bennett. "Physician whistle-blower’s experiences in hematology-oncology safety litigation against pharmaceutical companies." Journal of Clinical Oncology 38, no. 15_suppl (May 20, 2020): 2074. http://dx.doi.org/10.1200/jco.2020.38.15_suppl.2074.
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2074 Background: Some clinicians have reported initial series of severe or fatal adverse drug reactions (ADRs) that affected large hematology-oncology patient numbers and for which pharmaceutical manufacturers subsequently paid large settlements or fines for allegedly failing to inform physicians about such ADRs. Based on their large human costs ( > 1,000 serious illnesses or deaths) and large financial costs ( > $100 million in settlements or fines), we have termed these ADRs as titanic ADRs. At a Senate hearing on one titanic, Vioxx, (a COX-2 inhibitor that was evaluated for colorectal cancer prevention), the clinician reporter was termed a “whistleblower” by a senator although this individual had not filed a formal whistleblower lawsuit. We identified physicians who would fit this characterization of whistleblowers and had published titanic hematology-oncology ADR reports in high impact journals. Methods: Hematology-oncology titanic ADRs were identified by collaborators with two NIH-funded drug safety networks (RADAR and SONAR (1998-2019)). Exclusion criteria included having also filed a whistleblower lawsuit. Qualitative research analyses evaluated content of statements made by whistleblowers to national reporters or at congressional hearings. Results: 18 physicians who reported titanic hematology/oncology-associated ADRs in peer-reviewed literature and discussed their findings in national news media outlets are included. Titanic ADRs included death, nephrogenic systemic fibrosis, coronary artery disease, and venous thromboembolism related to COX-2 inhibitors, heparin, gadolinium dye, thalidomide, lenalidomide, epoetin, and darbepoetin. Related financial settlements ranged from $100 million to $4.85 billion. Whistleblowers were from the United States, Denmark, and Germany. Primary motivations were public health and medical awareness. Whistleblowers reported having gone through lawsuits and having had executives request that the whistleblowers’ university terminate employment. One whistleblower was quoted saying “I believe that the lawsuit is an attempt to silence me.” Conclusions: Clinician whistleblowers of titanic hematology-oncology ADRs experienced reputational, financial, and personal threats. Motivations for reporting titanic ADRs were mainly public health and medical awareness focused. This differs from our previous study on clinicians publishing on non-titanic ADRs, where the primary motivation was scientific curiosity.
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Kobroń-Gąsiorowska, Łucja. "EVALUATION OF THE WHISTLEBLOWER PROTECTION DIRECTIVE IN THE LIGHT OF POLISH PREPARATIONS FOR THE TRANSPOSITION OF THE REPORTING MODEL." Roczniki Administracji i Prawa 4, no. XXI (December 31, 2021): 209–22. http://dx.doi.org/10.5604/01.3001.0015.8312.
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On October 23, 2019, the European Union adopted the Directive on protecting whistleblowers. The Directive was intended to be a groundbreaking tool in protecting whistleblowers. The Directive introduces essential and correct standards to protect the interests of the European Union and whistleblowers who report breaches of EU law. The whistleblower protection model is designed to go beyond any standards of whistleblower protections in the Member States. Nevertheless, the effectiveness of the Directive is difficult to assess without complete transposition in the Member States. The process did not end with the saying as of December 17, 2021 in Poland, which is only at the draft bill stage. The author notes that the Directive does not provide a comprehensive model for reporting irregularities, which results in an incomplete conceptualization of this institution.
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Shaik Md Noor Alam, Hazlina. "Empowering Whistleblowers: How United States Qui Tam Provisions Can Be Used in Malaysia." Asia Proceedings of Social Sciences 1, no. 1 (November 13, 2018): 1–4. http://dx.doi.org/10.31580/apss.v1i1.252.
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Whistleblowing, once seen as a negative connotation, has now been embraced as a tool in order to uncover and combat misconduct. Those who partake in this endeavour are known as whistleblowers. Whistleblowers reveal wrongdoings within an institution to the public or to those who hold positions of authority. Whistleblowers ensure that these institutions be held accountable for their wrongful actions, as though there are laws to punish corporate wrongdoings, it might be useless if the wrongful acts are not discovered in the first place. (Oransky, 2018). With whistleblowing, this could help in almost guaranteeing that corporate misconduct would not go unpunished.To blow the whistle is never an easy decision to make, as there are risks of detrimental actions, or worse, againts the whistleblowers. (Westervelt, 2018). Hence, the introduction of whistleblower rewards would dull the sting of backlash, as well as ensuring that deserving whistleblowers receive the compensation that they deserve.
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Vitorino Clarindo dos Santos, Jorgete. "EU Considerations on New Protection of Whistleblowers." Journal of the University of Latvia. Law 15 (November 16, 2022): 243–65. http://dx.doi.org/10.22364/jull.15.17.
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Without some of the important information brought into light by whistleblowers, many current scandals would not have occurred. If whistleblowing is brought into the public domain, it can introduce a previously unforeseen and incorrigible milestone in the biography of whistleblowers, leading to financial loss, loss of work, impact on private life, and even health. Even in situations where the whistleblower acts in good faith, he or she runs the risk of being publicly judged and having the personal reputation tarnished by lack of protection. The persons who have reported wrongdoing may even be driven to complete isolation or pay with their lives or those of their families. In view of this, the European Union has foreseen a better protection for whistleblowers in a new directive, which is to be implemented through a trilateral whistleblower system.
The main new feature of the European Whistleblower Protection Directive is the obligation to establish internal whistleblower channels for legal entities in the public and private sectors with at least 50 or more employees. In the public sector, Member States may exempt cities with fewer than 10 000 inhabitants or fewer than 50 employees working in the public body from the obligation to establish whistleblowing channels. If the report to the company or public body is not successful, the whistleblower may report to the press.
European legislators had until December 2021 to transpose the provisions of this directive into national whistleblower protection regulations. To date, not all States have accomplished this task.
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Kenny, Kate. "Censored: Whistleblowers and impossible speech." Human Relations 71, no. 8 (November 10, 2017): 1025–48. http://dx.doi.org/10.1177/0018726717733311.
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What happens to a person who speaks out about corruption in their organization, and finds themselves excluded from their profession? In this article, I argue that whistleblowers experience exclusions because they have engaged in ‘impossible speech’, that is, a speech act considered to be unacceptable or illegitimate. Drawing on Butler’s theories of recognition and censorship, I show how norms of acceptable speech working through recruitment practices, alongside the actions of colleagues, can regulate subject positions and ultimately ‘un-do’ whistleblowers. In turn, they construct boundaries against ‘unethical’ others who have not spoken out. Based on in-depth empirical research on financial sector whistleblowers, the article departs from existing literature that depicts the excluded whistleblower as a passive victim – a hollow stereotype. It contributes to organization studies in a number of ways. To debates on Butler’s recognition-based critique of subjectivity in organizations, it yields a performative ontology of excluded whistleblower subjects, in which they are both ‘derealized’ by powerful norms, and compelled into ongoing and ambivalent negotiations with self and other. These insights contribute to a theory of subjective derealization in instances of ‘impossible speech’, which provides a more nuanced conception of excluded organizational subjects, including blacklisted whistleblowers, than previously available.
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Nalita, Farra, and Adnan Adnan. "PENGARUH KOMITMEN ANGGARAN DAN INTENSITAS MORAL TERHADAP KECENDERUNGAN MENJADI WHISTLEBLOWER DENGAN GAYA KEPEMIMPINAN SEBAGAI PEMODERASI (STUDI PADA PEMERINTAHAN KABUPATEN ACEH JAYA)." Jurnal Ilmiah Mahasiswa Ekonomi Akuntansi 7, no. 2 (September 22, 2022): 229–42. http://dx.doi.org/10.24815/jimeka.v7i2.20562.
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This study aims to determine whether there is an effect of budget commitment and moral intensity on the tendency to become a whistleblower with leadership style as a moderating variable. The research respondents were 97 people, namely SKPK Aceh Jaya employees. Data collection was carried out by distributing questionnaires directly or through the respondent community at the end of February to mid-March 2022. This study was taken using a probability sampling technique, namely simple random sampling where the sample was taken randomly. The analytical method used is multiple linear regression with SPSS version 26 application. The behavior of a whistleblower is in line with the theory used in this study, namely prosocial behavior theory where behavior is mutually beneficial and useful for others. Meanwhile, budget commitment, moral intensity and leadership style are in line with the theory of planned behavior where intentions will affect the behavior or actions they take. The results of the study prove that budget commitment and moral intensity have a significant positive effect on the tendency to become whistleblowers in SKPK Aceh Jaya employees. Another result is that leadership style does not moderate the relationship between budget commitment and whistleblowers, but leadership style does moderate the relationship between moral intensity and whistleblowers. In the classification of moderating variables, the relationship between budget commitments and whistleblowers is called non-moderation, while the relationship between moral intensity and whistleblowers is called pure moderator.
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Gultom, Laura Naomi Rotua. "Studi Komparatif Antara Justice Collaborator Dengan Whistleblower Dalam Tindak Pidana Korupsi." Corruptio 1, no. 2 (November 10, 2020): 107. http://dx.doi.org/10.25041/corruptio.v1i2.2099.
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The Whistleblower and Justice Collaborator play a role in facilitating the disclosure of criminal acts of corruption, because none other than people involved in institutions suspected of corrupt practices and in other words the witness's information is key for disclosure of a case of corruption. The problem in this study is whether the similarities and differences between justice collaborator and whistleblowers in corruption, and how is the legal protection between justice collaborator and whistleblower in criminal acts of corruption. This research uses normative juridical and juridical empirical research methods with qualitative data analysis. The data sources used in this study are primary, secondary, and tertiary legal materials. The results showed that whistleblower equations and justice collaborator were in 3 (three) categories, namely vision and mission in uncovering criminal acts of corruption, guarantee of protection in the form of physical, psychological and legal protection, and awards where whistleblowers and justice collaborators cannot be prosecuted criminal and civil and given sentence relief. In addition to these equations, there are also differences between whistleblowers and justice collaborator divided into 4 (four) categories, namely subject, motivation, guarantee of protection, and procedural law. The protection between justice collaborator and whistleblower in corruption namely legal protection in the form of keeping the identity of the witness confidential and then provides security for witnesses in the trial process by providing physical, psychological, and legal protection.
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Baljija, Shpresa Kaçiku, and Agron Rustemi. "Measuring Whistleblowing Perceptions among the Civil Service of the Republic of Kosovo." NISPAcee Journal of Public Administration and Policy 14, no. 2 (December 1, 2021): 135–59. http://dx.doi.org/10.2478/nispa-2021-0018.
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Abstract In 2018, the Parliament of the Republic of Kosovo approved the Law on the Protection of Whistleblowers, setting up the foundations of the whistleblower protection system for the public and private sectors in the country. In line with the international principles for drafting legislation for the protection of whistleblowers, the law provides three channels for reporting wrongdoing and grants protection against any form of retaliation for whistleblowers. Noting the absence of institutional data on whistleblowing in the public sector, for this research article, a survey was implemented with individual members of civil service in Kosovo (n=400), during the period from September to November 2019, to collect primary data related to factors incentivizing and / or discouraging the decision to whistleblow. Data were collected at the national and local levels of state administration, as per the scope of the definition of the civil service by Kosovo legislation. In this contribution, research results reveal that the protection against any form of retaliation guaranteed by the law is not sufficient for members of civil service in Kosovo to support the decision to whistleblow, as concerns arise for the security and physical integrity of their respective family members. Law does not provide financial incentives for civil servants to whistleblow. Data reveal that a satisfactory level of trust is missing on organizational indicators such as trust in the responsible officer, protection of data confidentiality and anonymity, across different levels of categories of civil service. In line with the concerns voiced by members of civil service and international standards for whistleblower protection, the following actionable recommendations are proposed to advance the whistleblowing system in Kosovo: 1) Improve the provision of training for members of civil service on whistleblowing legislation, organizational procedures, whistleblower protection, and rights; 2) Establish strategies to support employees for whistleblowing. Such strategies would include programs enabling whistleblowers access to professional services such as stress management, counseling, and legal services; 3) Enhance security measures for the physical integrity of whistleblowers and their respective family members; 4) Establish incentives to encourage whistleblowing, such as financial rewards.
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Srere, Mark, and Jennifer Mammen. "Whistling fast and furious: SEC and CFTC continue to issue awards." Journal of Investment Compliance 17, no. 3 (September 5, 2016): 28–30. http://dx.doi.org/10.1108/joic-07-2016-0035.
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Purpose To analyze the recent Securities and Exchange Commission (SEC) and Commodity Futures Trading Commission (CFTC) whistleblower awards and to evaluate what issues may be important for in-house counsel in the future. Design/methodology/approach The article discusses the most recent whistleblower settlements and focuses on lessons learned for compliance. Findings The SEC continues to publicize substantial whistleblower awards in an effort to attract additional whistleblowers and gather information that may lead to successful enforcement actions. In addition, the CFTC, whose corresponding Whistleblower Program has been slow to issue awards has announced that it is ramping up its program. Practical implications Companies should ensure that they have vigorous compliance programs in place to prevent and detect potential securities violations and to respond immediately in order to mitigate penalties that may result from inadvertent violations. Originality/value This article identifies recent awards issued under Whistleblower Programs created under the Dodd-Frank Act and should be of interest to publicly traded companies and all entities regulated by the SEC and CFTC that may be targeted by potential whistleblowers.
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Amin, Subhan, and Satria Unggul Prakasa Wicaksana. "Perlindungan Hukum bagi Whistleblower dalam Tindak Pidana Korupsi di Indonesia." Media of Law and Sharia 3, no. 3 (June 30, 2022): 205–18. http://dx.doi.org/10.18196/mls.v3i3.14468.
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This study examines the Legal Protection for Whistleblowers in Corruption Crimes in Indonesia. The role of the reporter is very necessary or significant in law enforcement; with the presence of a whistleblower, law enforcers will be helped and more accessible in uncovering a case of a criminal act of corruption. Therefore, the state should provide legal protection to the complainants to protect their rights by law. Then the state should also give awards to the whistleblowers because this award is a form of appreciation from the state to the complainants for helping law enforcers and taking part in protecting the country. As in the case of a corruption reporter who was made a suspect in Cirebon, he should be legally protected from any charges. Still, he was made a suspect, so LPSK should assist as much as possible so that his rights are protected or given in full. Sothis study will answer several questions (1) Legal protection for Whistleblowers in corruption cases in Indonesia. (2) The legal mechanism within the framework of the criminal law system in ensuring security for Whistleblowers in corruption crimes. This study uses a socio-legal method that examines with the help of social science. First, the results showed legal protection for whistleblowers, namely in Article 10 of Law Number 31 of 2014 concerning protecting witnesses and victims, obtaining legal protection physically and psychologically and materially and non-materially. Second, the regulation of whistleblowers is still not explicitly regulated, so there is a need for special rules so that whistleblowers can be protected from threats and legal guarantees for whistleblowers.
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De Zwart, Alja Poler. "EU whistleblowing rules to change in favor of whistleblowers." Journal of Investment Compliance 21, no. 1 (November 23, 2020): 55–61. http://dx.doi.org/10.1108/joic-08-2020-0015.
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Purpose To describe the new EU Whistleblowing Directive and its implications. Design/methodology/approach Describes organizations to which the Directive applies, the scope of reportable whistleblowing concerns, whistleblowers’ reporting channels and mechanisms, whistleblower protections, how organizations should respond to whistleblower reports and how organizations should prepare for the new rules. Findings The new Directive will require Member States to create rules for organizations with more than 50 workers, will mandate such organizations to implement whistleblowing hotlines for reporting a broad range of EU law violations, and will contain minimum standards on how to respond to and handle any concerns raised by whistleblowers. Practical implications Organizations in the EU can and should start taking initial steps to prepare for the new rules as soon as possible. There will likely be some differences among whistleblower rules in individual EU Member States. Originality/value Practical guidance from experienced corporate, technology, media, telecommunications and compliance lawyer.
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Prasetyono, Tarjo, Elita Aprilianty, Ach Fawaid As'ad, Indra Prayitno, Erfan Muhammad, and Emi Rahmawati. "Fraud Prevention Mechanism: Enhancing From Religiosity, Whistleblowing Protection, and Whistleblowing Intention." InFestasi 17, no. 1 (June 30, 2021): InPres. http://dx.doi.org/10.21107/infestasi.v17i1.9626.
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This This research aims to determine fraud prevention from religiosity, protection whistleblower, and whistleblowing system perspectives. The population in this research was employees of PT Prudential Life Assurance. The population is taken without distinguishing gender, education, and work experience and taken from 43 as the total number of insurance employees. This study used saturated samples or census as the sampling technique, whereas all population employs as samples. The research data uses primary data obtained by researchers by giving questionnaires (structured questions) to insurance employees. The research analysis was conducted with multiple linear regression analysis. The results showed that religiosity and whistleblower prevention did not affect fraud prevention. The absence of the effect of whistleblower protection on fraud prevention shows that the protection for whistleblowers is not yet adequate. The existence of intimidation, injustice and law enforcement are reasons why individuals are reluctant to become whistleblowers. However, whistleblowing intention affects fraud prevention. These findings indicate that human actions are influenced by their intentions, attitudes and subjective norms.
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Wainberg, James, and Stephen Perreault. "Whistleblowing in Audit Firms: Do Explicit Protections from Retaliation Activate Implicit Threats of Reprisal?" Behavioral Research in Accounting 28, no. 1 (April 1, 2015): 83–93. http://dx.doi.org/10.2308/bria-51122.
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ABSTRACT Despite the increasing number of statutory protections now provided to whistleblowers, fear of reprisal remains a primary reason why individuals fail to report misconduct. In order to alleviate such fears and encourage reporting, hotline policies often describe explicit whistleblower protections from specific types of retaliation (e.g., harassment, threats or intimidation, loss of job, etc.). However, we posit that such vivid descriptions may actually achieve the opposite of their intended effect by increasing the salience of retaliatory threats, thereby discouraging whistleblower reporting. We conduct an experiment and find evidence that when explicit protections are added to an audit firm's whistleblower hotline policy, auditors assess the risk of reporting as higher and, as a result, are less likely to indicate that the misconduct will be reported through the hotline. To our knowledge, our study is the first to demonstrate that offering explicit protections to whistleblowers can have these unintended and counter-intuitive consequences.
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Griffin, Leslie. "The Ethical Health Lawyer." Journal of Law, Medicine & Ethics 33, no. 1 (2005): 160–62. http://dx.doi.org/10.1111/j.1748-720x.2005.tb00218.x.
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“There's a new whistleblower in Washington,” according to CNN News. He is Food and Drug Administration scientist David Graham, who claims that the FDA failed to warn the public about certain drugs' dangerous side effects and pressured him to change his research's conclusion that the arthritis drug Vioxx caused heart attacks. Another Washington whistleblower, Dr. Jonathan Fishbein of the National Institutes of Health, alleged that he was fired because “he had raised concerns about sloppy practices that might endanger patient safety” in a study of the AIDS drug nevirapine.Graham and Fishbein thus joined the ranks of whistleblowers who have gained some prominence in recent years for their reporting of corporate or institutional misconduct. The best-known whistleblowers—the FBI's Coleen Rowley, Enron's Sherron Watkins, and WorldCom's Cynthia Cooper, who together received Time magazine's Whistleblower Person of the Year Award in 20024 - focused public attention on the reform of corporate accounting and legal practices.
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Syamsuddin. "The government whistleblowers in generating audit quality (a survey on provincial audit boards in South, Central, and West Sulawesi, Indonesia)." International Journal of Law and Management 59, no. 6 (November 13, 2017): 1046–58. http://dx.doi.org/10.1108/ijlma-08-2016-0069.
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Purpose The aim of this paper is to investigate the mediation effect of whistleblower in relationship between auditor’s ethic, auditor’s commitment and auditor’s independence to audit quality – a survey on provincial audit boards in South, Central and West Sulawesi, Indonesia. Design/methodology/approach The population in this research were auditors of audit board, amounting to 249 people, distributed in three provinces, namely, South Sulawesi, Central Sulawesi and West Sulawesi, using purposive sampling. The method used for analyzing the data in this research is structural equation modeling with auxiliary program analysis of moment structural version 20. Findings The main finding of this research is that the whistleblower is not the mediation variable of the relationship between auditor’s ethic, auditor’s commitment and auditor’s independence to audit quality. However, it does not mean that auditors will be whistleblowers who will disclose all cases into the public domain. Facts on the field are that Badan Pemeriksa Keuangan Republik (BPK) or The Audit Board of the Republic of Indonesia auditors do not become whistleblowers due to unsupportive atmosphere and less response from superiors. The results support the agency theory. This research supports the agency theory because of the fact in the field that BPK auditors are not committed to be whistleblowers. Meanwhile, there is positive effect of commitment to audit quality. This research supports stewardship theory and setting theory, as BPK auditors are already committed to the organization and demonstrate high levels of participation in the organization and stronger willingness to keep working and contribute to achievement of better audit. The BPK auditors maintain their independence in the inspection, but for them to be whistleblowers to reveal findings to the public is not allowed by their superiors. The research results support the agency theory. Research limitations/implications Whistleblower needs special attention in BPK, as it is proven that whistleblowing system has not been implemented, and support is needed from superiors and the agencies concerned if one of the auditors in carrying out their auditing tasks turn out to be a whistleblower due to their conscience. Although whistleblower is not regulated in Inspection Standard Statement, Regulation No. 01 of 2007 on Standards of State Audit (SKPN) of BPK, BPK should accommodate the application of the whistleblowing system, such as that adopted by institutions under the Ministry of Finance (Tax Office); hence, the existence of independent auditor profession regains public trust, something that has been dropped for all this time due to many cases involving independent auditors in business sector or the government sector. The government should provide a strong legal protection to ensure the protection to whistleblowers, as the existing legislation is still general in characteristics, as outlined in Law No. 13 of 2006 on Protection of Witnesses and Victims. Furthermore, the researchers should use qualitative research to study the behavior of the government auditors; why some areas receive Wajar Tanpa Pengecualian (WTP) or unqualified opinion predicate but are coupled by a tremendous increase in corruption; and whether BPK auditors have become whistleblowers in disclosing the actual facts. Practical implications Whistleblower need special attention in BPK as it is proven that whistleblowing system has not been implemented, and support is needed from superiors and the agencies concerned if one of the auditors in carrying out their auditing tasks turn out to be a whistleblower due to their conscience. Although whistleblower is not regulated in Inspection Standard Statement, Regulation No. 01 of 2007 on Standards of State Audit (SKPN) of BPK, BPK should accommodate the application of the whistleblowing system, such as that adopted by institutions under the Ministry of Finance (Tax Office), hence the existence of independent auditor profession regain public trust, something that has been dropped for all this time due to many cases involving independent auditors in business sector or the government sector. The government should provide a strong legal protection to ensure the protection to whistleblowers, as the existing legislation is still general in characteristics, as outlined in Law No. 13 of 2006 on Protection of Witnesses and Victims. Furthermore, the researchers should use qualitative research to study the behavior of the government auditors; why some areas receive WTP predicate but are coupled by a tremendous increase in corruption; and whether BPK auditors have become whistleblowers in disclosing the actual facts. Social implications The government needs to provide a strong legal framework to ensure the protection of whistleblowers, because the existing legislation is still general as outlined in the Act – Act No. 13 of 2006 on the Protection of Witnesses and Victims. Originality/value The originality of this research is using the government whistleblower as the mediation variable in relationship between auditor’s ethics, auditor’s commitment and auditor’s independence on audit quality, with the object being auditor in South Sulawesi, Central Sulawesi and West Sulawesi, Indonesia.
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Munro, Iain. "An interview with Chelsea Manning’s lawyer: Nancy Hollander on human rights and the protection of whistleblowers." Organization 26, no. 2 (June 13, 2018): 276–90. http://dx.doi.org/10.1177/1350508418779648.
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This article presents an edited interview with Nancy Hollander, a prominent human rights activist and criminal defense lawyer. The primary focus of the interview is Ms Hollander’s work as the lead defense counsel for the whistleblower, Chelsea Manning. The main themes addressed in the interview are (a) the close links between the practice of whistleblowing and human rights activism, (b) the fact that whistleblowers are not only subject to retaliation but are also being increasingly criminalized, and (c) the creation of a broad support network for whistleblowers like Chelsea Manning.
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Kostić, Jelena, and Marina Matić Bošković. "Recommendations for Overcoming Challenges of Whistleblowing in Public Procurement Procedures." Journal of the University of Latvia. Law 15 (November 16, 2022): 57–69. http://dx.doi.org/10.22364/jull.15.05.
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Public procurement is an area very vulnerable to corruption, which was especially evident during the Covid-19 virus pandemic. Pandemic called for prompt state response, including urgent public procurement procedures that resulted in numerous irregularities (e.g., “Silver Raspberry” case). The possibility of discretionary decision-making contributed to irregularities, and the absence of financial controls, which due to the urgency of the procedure could not be implemented in a timely manner. Therefore, if financial control systems are not able to function smoothly, the question of modalities of strengthening transparency and control in public procurement procedures arises. One possibility to inform the public about irregularities is through whistleblowers. However, this also depends on the level of whistleblower protection in respective national legislation. Whistleblowers in public procurement can face a variety of challenges. Starting from the assumption that the protection of whistleblowers and the whistleblowing process itself needs to be further improved, authors offer recommendations for improving the position of whistleblowers in public procurement procedures at the national level of European countries based on the application of dogmatic-legal method and content analysis.
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Sulastri, Lusia. "The Legal Protection on Reporters for Corruption Crime." Jurnal Daulat Hukum 5, no. 2 (June 26, 2022): 115. http://dx.doi.org/10.30659/jdh.v5i2.21024.
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Nurhayati's report through a letter to the Head of BPD Citemu, became the turning point for the uncovering of the village fund corruption case that was detrimental to the state. It turned out that the person who had uncovered the village fund corruption case was also named a suspect. Based on this, the authors are interested in studying how legal protection for whistleblowers on corruption crimes is associated with the determination of Nurhayati's suspect status for corruption in Cirebon Regency. This research used literature study with the doctrinal approach. In addition, this study also examines the ideal legal protection for whistleblowers for corruption. The results of the study show that legal protection for whistleblowers for criminal acts of corruption is not running well, as evidenced by the determination of the status of the suspect Nurhayati for Corruption Crimes in Cirebon Regency. This happens because there is no common perception of the position of the Whistleblower on Corruption Crimes as a subject protected by law between the police and the Prosecutor's Office. The ideal legal protection for whistleblowers for criminal acts of corruption is to build legal protection for whistleblowers that is integrated and obeyed by law enforcement officers. The provision of witness protection must of course start from law enforcement who is the spearhead of law enforcement, namely the police.
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Ballan, Evan. "Protecting Whistleblowing (and Not Just Whistleblowers)." Michigan Law Review, no. 116.3 (2017): 475. http://dx.doi.org/10.36644/mlr.116.3.protecting.
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When the government contracts with private parties, the risk of fraud runs high. Fraud against the government hurts everyone: taxpayer money is wasted on inferior or nonexistent products and services, and the public bears the burdens attendant to those inadequate goods. To combat fraud, Congress has developed several statutory frameworks to encourage whistleblowers to come forward and report wrongdoing in exchange for a monetary reward. The federal False Claims Act allows whistleblowers to file an action in federal court on behalf of the United States, and to share in any recovery. Under the Dodd- Frank Act, the SEC Office of the Whistleblower investigates tips provided by whistleblowers and, in the event of a successful prosecution, pays an award to the tipster. The False Claims Act and SEC program both protect whistleblowers from retaliatory action from their employer. But the SEC program goes a step further: SEC Rule 21F-17 also prevents an employer from taking any action to interfere with the reporting of fraud. In this way, the SEC program protects not only whistleblowers, but also whistleblowing itself. It’s time for the False Claims Act to catch up. Congress should look to SEC Rule 21F-17 as a model for how it could amend the False Claims to establish a cause of action against contractors who take steps to chill or restrict their employees from bringing forward claims of fraud. In doing so, it will vindicate the original intent and purpose of the False Claims Act and encourage whistleblowers to come forward and put an end to corporate wrongdoing. Protecting whistleblowing benefits the government, taxpayers, and whistleblowers—and ensures that the False Claims Act remains an effective instrument in the fight against fraud.
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FIESTA, JANINE. "Whistleblowers." Nursing Management (Springhouse) 21, no. 6 (June 1990): 16???17. http://dx.doi.org/10.1097/00006247-199006000-00006.
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FIESTA, JANINE. "Whistleblowers." Nursing Management (Springhouse) 21, no. 7 (July 1990): 38???39. http://dx.doi.org/10.1097/00006247-199007000-00021.
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Humbert, M., G. Simonneau, and A. T. Dinh-Xuan. "Whistleblowers." European Respiratory Journal 38, no. 3 (August 31, 2011): 510–11. http://dx.doi.org/10.1183/09031936.00075211.
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Baddeley, P. G. "Whistleblowers." BMJ 307, no. 6912 (October 30, 1993): 1146. http://dx.doi.org/10.1136/bmj.307.6912.1146-a.
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Hunt, G. "Whistleblowers." BMJ 307, no. 6913 (November 6, 1993): 1214. http://dx.doi.org/10.1136/bmj.307.6913.1214-b.
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Lee, JooHee, and HanSang Cho. "Media Reports and Whistleblowing Disclosure." Korea Association for Corruption Studies 27, no. 3 (September 30, 2022): 111–30. http://dx.doi.org/10.52663/kcsr.2022.27.3.111.
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As can be seen from the legal name, the Public Interest Whistleblower Protection Act is mainly aimed at protecting those who report so-called acts detrimental to the public interest. Whistleblowers are considered righteous in that they have prevented various losses that can be caused by acts detrimental to the public interest and improved the soundness of our society. However, it can be said that there is a high possibility of being branded as a traitor to the organization and exposed to various disadvantageous measures. If you look at the contents of the Public Interest Whistleblower Protection Act, you can see that the requirements for being recognized as a Whistleblower are quite strict and difficult, so there may be cases where legal protection is not possible. In other words,, a blind spot for the protection of whistleblowers is created. It can be said that the representative case is the case of reporting to a media organization. However, in the case of media reports, it would not be reasonable to exclude media institutions from the subject of protection on the grounds that they are not legal whistleblowing disclosure agencies. It should not be forgotten that major whistleblowing disclosures, which have had huge social repercussions so far, have been made in the form of media reports. In the future, the possibility of whistleblowing disclosure through media reports will never be small. Therefore, it is necessary to find a way to protect media reporters as whistleblowers. It can be said that the ultimate solution to strengthen the protection of media reporters is to designate media institutions as whistleblowing disclosure agencies. Considering the problems that may arise if a media institution is hastily designated as a whistleblowing disclosure agency, it is desirable to include media reporters in the scope of protection of whistleblowers on the premise of adding requirements such as urgency, supplementation, necessity, importance, and integrity.
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Fathiyah, Fathiyah, Mufidah Mufidah, and Masnun Masnun. "Whistleblowing dan Niat Melaksanakannya Mahasiswa." Ekonomis: Journal of Economics and Business 3, no. 2 (September 19, 2019): 150. http://dx.doi.org/10.33087/ekonomis.v3i2.75.
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Being a whistleblower is not an easy matter. Someone from internal organizations will face an ethical dilemma in deciding whether to "blow the whistle" or leave it hidden. Some view whistleblowers as traitors who violate the norms of organizational loyalty, others see whistleblowers as heroic protectors of truth values, not just loyalty to conflicting organizations, causing potential whistleblowers to experience a dilemma in determining attitudes that can distort Whistleblowing interests..This research examines and analyzes the effect seriousness of the violation, organizational commitment, academic potential and gender towards possible intentions to Whistleblowing by students. Therefore this study would like to apply the Theory of Planned Behavior concept which explains that the behavior carried out by individuals arises because of the intention that underlies the behavior .Data analysis uses logistic regression analysis with SPSS 22.00 for Windows. The result indicates that Gender and organizational commitment have significant impact on probability of intention to do Whistleblowing.
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Qusqas, Firas, and Brian H. Kleiner. "The difficulties of whistleblowers finding employment." Management Research News 24, no. 3/4 (March 1, 2001): 97–100. http://dx.doi.org/10.1108/01409170110782702.
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Briefly considers the ethical issue of whistle blowing before considering the difficulties whistleblowers face when attempting to find employment, especially in the public sector. Provides some case studies as evidence. Looks at the average age of the whistleblower and the legal battles they often face as other potential factors. Recommends that the best solution is to prevent the need for whistleblowing in the first place and provides some suggestions to help this.
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Chan, Peter K. M., and Amy J. Greer. "Has the SEC become the “Whistleblower’s Advocate”?" Journal of Investment Compliance 16, no. 3 (September 7, 2015): 22–23. http://dx.doi.org/10.1108/joic-06-2015-0033.
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Purpose – This article serves as a timely alert to public companies and financial institutions of their potential risk exposure in light of the SEC’s aggressive interpretation of the Dodd-Frank whistleblower provisions. In particular, the article highlights the need of entities to ensure that their employment agreements, confidentiality provisions, and codes of conduct do not violate Dodd-Frank by inadvertently discouraging whistleblowing by their employees. Design/methodology/approach – This article analyzes a recent and important speech by SEC Chair Mary Jo White regarding the SEC’s ongoing efforts to be the advocate of whistleblowers. Findings – This article finds that the SEC will continue its role in protecting whistleblowers, including ongoing enforcement scrutiny of employment agreements and similar provisions that may discourage whistleblowers. Practical implications – Among other things, this article highlights risk areas for public companies and financial institutions to address based on Chair White’s recent speech. Originality/value – This article provides insights from two former SEC enforcement attorneys on an area that is of great concern to public companies and financial institutions in light of the increased focus by SEC enforcement.
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Shonhadji, Nanang. "Is Whistleblowing an Ethical Practice?" Journal of Economics, Business, & Accountancy Ventura 25, no. 2 (November 30, 2022): 244. http://dx.doi.org/10.14414/jebav.v25i2.3222.
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Whistleblowing is susceptible to risks and ethical dilemmas in practice. It is not easy for members of an organization to become whistleblowers. The purpose of this study is to prove whether whistleblowing intention is a form of ethical practice. The empirical quantitative method was used for this study. The research samples were employees and auditors at the East Java Inspectorate. The use of Partial Least Square analysis techniques followed the collection of data through the distribution of questionnaires. The study results inform that whistleblowing intention was an ethical practice that was perceived and experienced by the whistleblower. Ethical sensitivity does not affect whistleblowing intention. In contrast, moral ethics, professional ethics, and ethical confidentiality affect whistleblowing intention. Ethical sensitivity has no effect because respondents believe that it is highly dependent on the sensitivity of the whistleblower’s attitude toward making decisions. The results of this study have contributed to strengthening the creation of a good whistleblowing system with definite legal protection guarantees provided by organizations and the state.
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Nurhidayat, Ilham, and Bevaola Kusumasari. "Why would whistleblowers dare to reveal wrongdoings?" International Journal of Law and Management 61, no. 3/4 (October 23, 2019): 505–15. http://dx.doi.org/10.1108/ijlma-11-2018-0253.
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Purpose The purpose of this paper is to attempt to address basic empirical and theoretical queries on why and how insiders have the courage to voice their concerns and reveal corruption on corruption-related crimes that have been committed in Indonesia. Design/methodology/approach This exploratory research uses the qualitative method and uses a multi-case study in exploring the reality of whistleblowing cases in Indonesia by treating each case with a unique case orientation. Data were acquired through in-depth interviews conducted with whistleblowers and other supporting informants. Findings By analysing the rationalisation of an insider’s courage in revealing the corruption act, this study finds out that the act of whistleblowing is driven by the intention developed in the whistleblower’s attitude to defy the actions of wrongdoers. Such an attitude can invoke courage in whistleblowers despite the perceived norms and control that are internally prevalent in the organisation being non-conducive to such acts. Practical implications The findings in this paper are expected to guide the government in drafting a policy creating a more effective whistleblowing system that protects whistleblowers. Originality/value This study endeavours to fill the existing gap in mainstream research regarding corruption-related crimes in Indonesia that, to date, focusses more on aspects relating to the perpetrators of corruption. This research, conversely, approaches the subject matter from the perspective of whistleblowers.
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Gottschalk, Petter. "When private internal investigators turn against the whistleblower." International Journal of Police Science & Management 19, no. 4 (September 18, 2017): 229–37. http://dx.doi.org/10.1177/1461355717730835.
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The work of fraud examiners in private internal investigations is important to many auditing and law firms. They are hired by public and private organizations when there are suspicions of misconduct and financial crime. Such suspicions are sometimes disclosed by whistleblowers who attempt to disclose practices that they perceive as illegal, immoral or illegitimate. This article presents a case from the Norwegian police in which whistleblowers expressed concerns about overtime, use of private cars, and the procurement of equipment for personal use. The main whistleblower was also the ombudsman within the organization, where he repeated his accusations and allegations so frequently that he became the main subject of the private internal investigation. This study finds some support for the blame game hypothesis.
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TING, MICHAEL M. "Whistleblowing." American Political Science Review 102, no. 2 (May 2008): 249–67. http://dx.doi.org/10.1017/s0003055408080192.
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By skipping managers and appealing directly to politicians, whistleblowers can play a critical role in revealing organizational information. However, the protection of whistleblowers can affect managers' abilities to provide employees with incentives to exert effort. This paper explores this tradeoff with a model of agency decision-making under incomplete information. In the game, an employee's effort determines a project's quality, and a manager chooses whether to approve the project and discipline the employee. The employee and politician wish for only “good” projects to be approved. By whistleblowing, an employee reveals the quality to a politician outside of the organization, who may override the manager's decision. A key finding is that from the politician's perspective, the benefits of whistleblower protections depend on the preferences of the manager. If the manager is inclined toward approving projects, then the costs of lower employee effort may outweigh the informational benefits of whistleblowing. The optimal policy may then be to ban whistleblowing. By contrast, when the manager is inclined toward rejecting projects, whistleblower protections prevent him or her from suppressing effort and are unambiguously beneficial.
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Young, D. "WHISTLEBLOWING, OIL, MONEY AND RISK." APPEA Journal 46, no. 1 (2006): 497. http://dx.doi.org/10.1071/aj05030.
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Statutory whistleblower laws in the US have resulted in the recovery of billions of dollars of unpaid royalties from petroleum companies over the past decade. Eighteen months ago, Australia introduced whistleblower laws that could have achieved the same result if the royalty avoidance had occurred here. This paper examines the emergence and application of those laws, and policies of regulators which achieve a similar result. It also argues that the adoption of a whistleblower policy, which includes protection for the whistleblower, is not only desirable, but an essential tool for managing risk.At a secondary level, it looks at the types of reported actions, typically taken against whistleblowers, that are now outlawed by the new whistleblower protection provisions.
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Butler, Jeffrey V., Danila Serra, and Giancarlo Spagnolo. "Motivating Whistleblowers." Management Science 66, no. 2 (February 2020): 605–21. http://dx.doi.org/10.1287/mnsc.2018.3240.
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Davis, Michael. "Rewarding Whistleblowers." International Journal of Applied Philosophy 26, no. 2 (2012): 269–77. http://dx.doi.org/10.5840/ijap201226220.
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Johnson, Leslie. "Victimizing Whistleblowers." Anthropology of Work Review 23, no. 3-4 (September 2002): 34–36. http://dx.doi.org/10.1525/awr.2002.23.3-4.34.
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McInnis, Stephanie. "Fired Whistleblowers." AJN, American Journal of Nursing 110, no. 2 (February 2010): 13. http://dx.doi.org/10.1097/01.naj.0000368028.56589.f6.
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Kammrath, Kristin M. "Protecting Whistleblowers." AJN, American Journal of Nursing 111, no. 10 (October 2011): 13. http://dx.doi.org/10.1097/01.naj.0000406401.96141.14.
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Yamey, G. "Protecting whistleblowers." BMJ 320, no. 7227 (January 8, 2000): 70–71. http://dx.doi.org/10.1136/bmj.320.7227.70.
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Davies, Nicola. "Whistleblowers united." Nursing Standard 28, no. 34 (April 23, 2014): 65. http://dx.doi.org/10.7748/ns2014.04.28.34.65.s49.
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Mitka, Mike. "FDA Whistleblowers." JAMA 301, no. 2 (January 14, 2009): 152. http://dx.doi.org/10.1001/jama.2008.878.
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Kiššová, Sára. "Protection of Whistleblowers by the European Union, the Council of Europe, and the European Court of Human Rights." Slovak Yearbook of European Union Law 1 (December 31, 2021): 25–36. http://dx.doi.org/10.54869/syeul.2021.1.267.
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Whistleblower protection in the European Union is undergoing significant developments. The new Directive (EU) 2019/1937 of the European Parliament and of the Council of 23 October 2019 on the protection of persons reporting breaches of Union law sets a minimum standard for the protection of whistleblowers. It is awaiting implementation in Member States' national law by December 2021. However, a certain level of protection is also guaranteed by the European Court of Human Rights case law principles. Reports of illegal activities provided from close internal sources can strengthen the protection of the EU's financial interests. Adequate protection is needed to prevent retaliation against whistleblowers. As the deadline for transposing this directive approaches, the article aims to analyse the Directive 2019/1973 and compare it with the protection guaranteed by Article 10 of the European Convention on Human Rights.
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Waters, Stephenson. "The Ethical Algorithm: Journalist/Whistleblower Relationships Explored Through the Lens of Social Exchange." Journalism & Communication Monographs 22, no. 3 (August 27, 2020): 172–245. http://dx.doi.org/10.1177/1522637920947719.
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This study examined the ethical and professional judgments journalists consider when deciding to trust a whistleblower and determined how whistleblowers influence ethical and newsgathering processes. With a qualitative study, this research uncovered common ethical and procedural considerations journalists, who are influenced by gatekeeping forces, make when presented with information from a whistleblower, with the goal to create a conceptual model—an “ethical algorithm”—that journalists employ when deciding to publish whistleblower disclosures. In addition, the decision to build a trust relationship with a whistleblower is examined from the frameworks of ethical considerations, professional standards, and ethics codes. Finally, the journalist–whistleblower relationship is considered as a form of social exchange, a negotiated relationship in which parties determine trust as a result of an exchange of mutually beneficial acts.
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Volosova, Nonna, and Olga Zhurkina. "On the Protection Program for Whistleblowers (Informants) in Cases of Corruption." Russian Journal of Criminology 12, no. 5 (November 8, 2018): 699–710. http://dx.doi.org/10.17150/2500-4255.2018.12(5).699-710.
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Counteracting corruption, which is viewed as a systemic phenomenon, requires a complex approach. It is impossible to eradicate it using nothing but criminal law prohibitions. Combating corruption should also include other mechanisms that will make it possible to fight negative phenomena effectively. The authors make an attempt to study the issue of counteracting corruption with the help of criminal procedure tools. Witness protection is one of such tools, it includes not only witnesses of corruption crimes, but also persons that facilitate the detection of corruption and the uncovering of corruption schemes at the earliest stage of committing corruption crimes and offences - the stage of planning or attempting. The risk of corruption crimes is increased if there is no system to support and protect whistleblowers. The development and implementation of a system of measures aimed at protecting people that report corruption crimes and offences have a crucial importance for preventing corruption and establishing the rules of anti-corruption behavior for public officials and other persons. The program of protecting whistleblowers in cases of corruption is aimed at providing accessible and safe channels for reporting corruption violations, reliable protection of whistleblowers against all kinds of influence as well as the development of mechanisms to publicize information which would contribute to the reforms in the legislative and law enforcement spheres for the purposes of corruption prevention. At present there is a substantial gap in the Russian legislation in the sphere of disclosing information about corruption crimes and offences as well as a specialized system of whistleblower protection. The authors use the analysis of international legal acts and foreign legislation to research the problems of corruption whistleblowers and present suggestions on solving them.