In thus article today I am going to shear some information about Ethical Whistleblowing that i found. So I think it is better to draw your attention to the following points.
- What is Whistleblowing?
- Elements of ethical whistleblowing.
- Steps/procedure for a whistleblowing.
What is Whistleblowing ?
As a definition “A whistleblower is a person, who could be an employee of a company, or a government agency, disclosing information to the public or some higher authority about any wrongdoing, which could be in the form of fraud, corruption, etc.” or we can say “A whistleblower is a person who comes forward and shares the knowledge on any wrongdoing which thinks is happening in the whole organisation or in a specific department.
A whistleblower could be an employee, contractor, or a supplier who becomes aware of any illegal activities.how ever there are two types of whistleblowers.
Internal whistleblowers are those who report the misconduct, fraud, or indiscipline to senior officers of the organisation such as Head Human Resource or CEO.
External whistleblowing is a term used when whistleblowers report the wrongdoings to people outside the organisation such as the media, higher government officials, or police.
However, there is a special name that cannot be forgotten when talking about this whistleblowing “Edward Joseph Snowden” who was a former CIA employee who leaked classified and restricted information to the public from the United States National Security Agency(NSA) in 2013.
Elements of ethical whistleblowing.
There are four main elements in ethical whistleblowing.
- The whistleblower
- The whistleblowing act or complaint
- The party to whom the complaint is made
- The organization against which the complaint is lodged
Steps/procedure for a whistleblowing.
- Get Evidence
This is the most important step in your whistleblower claim. It’s crucial that you get documentary evidence of the fraud. Such evidence can include emails, internal studies, billing records, or test results. If you can witness the wrongdoing first hand that’s great, but not necessary. This evidence will help support your claim when you present it to the government. The more evidence you have, the better chances your case will be.Main thing is to keep this information strictly confidential; the information should not come from public sources.
2. Presenting the Evidence
Under the False Claims Act, the whistleblower must file a complaint in court as well as submit it to the government, along with a Disclosure Statement that details the alleged misconduct. However, before filing the claim, we will set up a meeting with the appropriate government agency to discuss the claim. This is when you have to show the government that you have enough evidence of the fraud to support your claim.
3. Government Investigation
Now comes the longest part of the claims process — the government’s investigation. During this time, all aspects of the matter, including the whistleblower’s identity and the investigation itself, will remain confidential. Any formal complaints filed in court are kept under seal so even the defendants don’t know what’s going on. During this time, you may be interviewed by the government, along with any other witnesses involved or knows of the fraud.
The complaint will remain under seal for 60 days unless the government asks for an extension, which it usually does. If criminal violations are involved in the claim, the FBI may be involved in the case. The whistleblower must be accessible and cooperative to help the government with the case.
4. The Decision
If the government decides to bring a case, the whistleblower may be asked to testify at trial or a grand jury proceeding. It’s at this point your identity will be disclosed. Roughly 90 percent of False Claims Acts cases the government intervenes in tend to be successful. But if the government declines to intervene, these whistleblower cases are less than successful. Without the government’s support, the pursuit of the cases can be expensive and lengthy. Also, you may be prepared for retaliation from your employer. Although it is illegal for a company or organization to retaliate against a whistleblower, it still happens.
Finally I think you got some idea about whistleblowing. Nowadays most of countries have the laws and act for this whistle blowing. However I think knowing these things will be helpful for your profession.