By David B. Lewis

ISBN-10: 1848448996

ISBN-13: 9781848448995

This well timed and significant booklet assesses the impression of laws on public curiosity disclosures across the world, in addition to surroundings an schedule for destiny learn on whistleblowing. Combining either theoretical and useful tools, this specific booklet bargains a close exam of a few of the major statutory provisions within the united kingdom and explores the best way courts have interpreted them. The professional members evaluate the united kingdom version with the several ways taken in Australia, the USA in addition to the remainder of Europe, and concentrate on the teachings that may be realized from the present perform of whistleblowing. They evaluation the contents and alertness of exclusive reporting/whistleblowing approaches, and draw upon major empirical learn. This publication should be of significant curiosity to teachers, postgraduate scholars, practitioners and policymakers within the fields of employment legislations, human source administration, enterprise ethics and company governance.

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Extra resources for A Global Approach to Public Interest Disclosure: What Can We Learn from Existing Whistleblowing Legislation and Research?

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It follows the dramatic growth of state and federal whistleblowing laws in the 1980s and 1990s, along with a growing hostility and distrust of big business and government. However, it was the wrongdoing, scandals and resultant publicity and anger brought on by the leaders of failed corporations such as Enron and WorldCom that were the particular impetus for the law. , 2008, p. 156). The Sarbanes-Oxley Act, which explicitly applies to publicly traded companies, follows on the precedent established by the federal Corporate Sentencing Guidelines2 and calls for companies to establish a code of ethics and whistleblowing procedures.

FCA settlements and judgments have totaled over $17 billion and virtually all whistleblowers have recovered $1 million or more – even though the majority of suits are settled (Dworkin, 2007, p. 1757). Between 1986 and 30 October 2000, the government recovered over $4 billion (Bucy, 2002, p. 1); in 2008 over $1 billion was returned to the US treasury (GAP, 2009). The law values information over motive, and blowing the whistle to gain a large recovery is fine as long as the information is novel and leads to successful prosecution.

The Sarbanes-Oxley Act, which explicitly applies to publicly traded companies, follows on the precedent established by the federal Corporate Sentencing Guidelines2 and calls for companies to establish a code of ethics and whistleblowing procedures. Covered wrongdoing includes mail, wire, bank, and securities fraud. Unlike most of the state and federal whistleblowing statutes, SOX specifies different report recipients for internal versus external whistleblowing about the fraud in order for the whistleblower to be protected.

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A Global Approach to Public Interest Disclosure: What Can We Learn from Existing Whistleblowing Legislation and Research? by David B. Lewis


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