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The Law of Whistleblowing

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Slides from presentation to Workshop on Ethics & Quality of Governance - American Society for Public Administration 2013 Annual Meeting
21
The Law of Whistleblowing Kathleen Clark Washington University in St. Louis American Society for Public Administration New Orleans March 14, 2013
Transcript
Page 1: The Law of Whistleblowing

The Law of

Whistleblowing Kathleen Clark

Washington University in St. Louis

American Society for Public Administration

New Orleans

March 14, 2013

Page 2: The Law of Whistleblowing

The Law of

Whistleblowing White Paper

for

Government Accountability Project

(GAP)

Page 3: The Law of Whistleblowing

Whistleblowing

insider’sdisclosure

of

alleged wrongdoing

to

prevent harm or

hold wrongdoers accountable

Page 4: The Law of Whistleblowing

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 5: The Law of Whistleblowing

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 6: The Law of Whistleblowing

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 7: The Law of Whistleblowing

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 8: The Law of Whistleblowing

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 9: The Law of Whistleblowing

Whistleblowing Law

1. Require disclosure

2. Prohibit retaliation

3. Compensate for retaliation

4. Require institutions to facilitate

5. Provide financial incentives

Page 10: The Law of Whistleblowing

Compensation for RetaliationLargely Ineffective

Financial Incentives Effective

Page 11: The Law of Whistleblowing

Financial Incentives

False Claims Act

Dodd Frank – SEC Whistleblower Program

IRS Whistleblower Program

Page 12: The Law of Whistleblowing

Themes

Page 13: The Law of Whistleblowing

Scope

- Public - Private

Page 14: The Law of Whistleblowing

Violations of:

- Specific: - Statutes - Regulations- Contracts- Criminal Law

Page 15: The Law of Whistleblowing

Recipient

- internal - external

- law enforcement- NGO- media

Page 16: The Law of Whistleblowing

Recipient

- internal - external

- law enforcement- NGO- media

Page 17: The Law of Whistleblowing

Character

- Motivation - Clean hands

- law enforcement- NGO- media

Page 18: The Law of Whistleblowing

Identity

- Confidential - Anonymous

- law enforcement- NGO- media

Page 19: The Law of Whistleblowing

Control

- Whistleblower - Agency

- law enforcement- NGO- media

Page 20: The Law of Whistleblowing

Perspective

Accountability

Mechanism

Page 21: The Law of Whistleblowing

The Law of

Whistleblowing Kathleen Clark

[email protected]

American Society for Public Administration

New Orleans

March 14, 2013


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