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Date: November 25, 2024 Mon
Time: 8:22 pm
Time: 8:22 pm
Results for whistleblowing
7 results foundAuthor: Lambsdorff, Johann Graf Title: Deterrence and Constrained Enforcement – Alternative Regimes to Deal with Bribery Summary: This paper provides interesting insights into deterence of bribery by investigating how bribe transactions are enforced. It integrates insights from a Law and Economics perspective with transaction cost analysis. The author develops a game-theoretic approach to show that, irrespective of whether a rational choice or a behavioral approach is employed, increasing penalties and the risks of detection is not always advisable. Penalties can have a perverse effect by helping corrupt actors create the bonds that are needed for enforcing their deal. It argues that governments may deter bribery either by high penalties and risks of detection, potentially supported by leniency given to those who report their infraction. Another approach can be amplifying the risk of opportunism, aggravating the difficulties of enforcing a bribe transaction. This should involve a low probability of detection and allowing offenders to keep their ill-gotten gains. Details: Passau, Germany: Universitat Passau, 2010. 39p. Source: Internet Resource: Passauer Diskussionspapiere, no. v-60-10: Accessed March 16, 2011 at: http://www.wiwi.uni-passau.de/fileadmin/dokumente/lehrstuehle/wilhelm/Working_Papers_PDF/Disk_60_Deterrence_and_Constrained_Enforcement.pdf Year: 2010 Country: International URL: http://www.wiwi.uni-passau.de/fileadmin/dokumente/lehrstuehle/wilhelm/Working_Papers_PDF/Disk_60_Deterrence_and_Constrained_Enforcement.pdf Shelf Number: 121041 Keywords: BriberyCorruptionWhistleblowing |
Author: Council of Europe. Parliamentary Assembly. Committee on Economic Affairs and Development Title: The Underground Economy: A Threat to Democracy, Development and the Rule of Law Summary: The underground economy represents a large and growing share of the overall economic activity in Europe and beyond. It accounts for from about 10% to over 60% of gross domestic product in different European countries. The “new democracies” of central and eastern Europe – where the rule of law is more fragile and where vested interest groups are firmly rooted – are particularly affected. The evolving structure of the world economy, the geopolitical changes following the fall of the Berlin Wall and the global economic crisis have all fuelled the growth of the informal economy. The report stresses that the underground economy and its extreme form – economic crime – significantly erode state authority and the capacity for good governance which are essential for fostering democracy, development and the rule of law. These phenomena also deprive state budgets of much tax revenue, distort competition, flout citizens' socio-economic rights, slow down economic progress, abuse public welfare systems and propagate lawlessness. The reports considers that the Council of Europe should pay more attention to addressing the problem of undeclared work, study more closely the activities of offshore centres as financial intermediaries and review the situation of organised crime in its member states. It proposes a series of directions for action, ranging from evaluation measures, regulatory adjustments, electronic surveillance of money flows, use of economic intelligence to information exchange, whistle-blowing and witness protection. Details: Strasbourg Cedex: Council of Europe, 2011. 14p. Source: Internet Resource: Doc. 12700: Accessed January 23, 2012 at: http://assembly.coe.int/Documents/WorkingDocs/Doc11/EDOC12700.pdf Year: 2011 Country: Europe URL: http://assembly.coe.int/Documents/WorkingDocs/Doc11/EDOC12700.pdf Shelf Number: 123735 Keywords: Counterfeit GoodsEconomic CrimesTax EvasionUnderground Economy (Europe)Whistleblowing |
Author: Victoria. Office of Police Integrity Title: Reporting Wrongdoing in the Workplace: Problems for Police Summary: This report examines the application of the current legislative and policy framework for police reporting police wrongdoing. The topic is of particular importance to police because they – unlike any other public sector employees in Victoria – are compelled by legislation to report serious misconduct by their colleagues. The legislative framework for police reporting police wrongdoing is made up of certain sections of the Police Regulation Act 1958, the Whistleblowers Protection Act 2001 and the Police Integrity Act 2008. The historical origins of the framework indicate that it was intended to protect individuals who report wrongdoing and to facilitate organisational improvement by uncovering and remedying workplace problems. Provisions to protect police who report their colleagues’ wrongdoing were established on the basis that there is a risk of reprisal for those who report. That risk is not unique to police. However, various inquiries into police corruption in past decades, both in Australia and elsewhere, have identified a culture of misguided solidarity among police. This has given the risk of reprisal particular relevance to police. The framework for police reporting wrongdoing in the workplace is complex and confusing. Victoria Police has had difficulty classifying wrongdoing under differing legislative definitions. This has affected the quality and consistency of its responses to wrongdoing. It has also resulted in inconsistent outcomes for those who report, in terms of the protections they receive and their perceptions of the organisation’s response to what they reported. It is timely to examine the problems faced by police under the present framework while Victoria’s anti-corruption landscape is undergoing reform. Leaving aside difficulties with the current legislative framework, representatives of Victoria Police say the negative culture that denigrates police who report wrongdoing in the workplace has reduced over time. OPI investigations indicate a significant proportion of police are prepared to speak up when workplace wrongdoing occurs, suggesting that some very negative perceptions of police culture might be unfair or outdated. Despite this, OPI investigations suggest there is still a significant proportion of police who are unlikely to speak up about wrongdoing. The legislated protections against retaliation do not address the root cause of reprisal – a workplace culture of misguided loyalty. The protections are individualistic and short-term, tending to ‘look after’ victims and potential victims of reprisal rather than address why reprisal occurs in the first place. Such an approach to reprisal can inhibit organisational improvement in response to wrongdoing, which undermines the value of reporting it at all. If Victoria Police does not or cannot make improvements in response to reports of wrongdoing then the process of reporting provides little value. OPI does not recommend withdrawing either the requirement for police to report wrongdoing in the workplace or the formal protections against reprisal. So long as reprisal does occur, Victoria Police should apply sanctions for retaliation to the full extent of the law. But formal compulsions and protections are no substitute for a culture that actively supports speaking up against wrongdoing in the workplace. The current framework is an improvement on a culture of silence where no one can or will speak up about wrongdoing. But individualistic and short-term protections are not the ultimate goal. Ideally, the Victoria Police workplace will be one in which individuals who speak up about wrongdoing are fully supported – then they will have no need of protection. Details: Melbourne: Victorian Government Printer, 2012. 43p. Source: Internet Resource: Accessed July 2, 2012 at: http://www.opi.vic.gov.au/ Year: 2012 Country: Australia URL: http://www.opi.vic.gov.au/ Shelf Number: 125452 Keywords: Blue Code of SilencePolice CorruptionPolice Misconduct (Australia)Whistleblowing |
Author: Lobel, Orly Title: Linking Prevention, Detection, and Whistle-Blowing: Principles for Designing Effective Reporting Systems Summary: This invited essay for a symposium dedicated to whistle-blowing research offers an overview of recent experimental and empirical research on social reporting and whistle-blowing behavior. Whistle-blowing laws serve a dual purpose. They serve both to instill ethical norms of behavior to prevent misconduct from occurring and to detect ongoing organizational corruption. The design of sound processes for reporting wrongdoing signals the significance that the organization and society attribute to compliance and ethical conduct. At the same time, whistle-blowing laws directly add to the texture of incentives and motivations of individuals in their decision about whether to blow the whistle. In recent years, there is a growing number of empirical and experimental research about ethical behavior and social enforcement. This article aims to illuminate what we know about the design of whistle-blowing protections, individual incentives, and effective reporting channels; and to suggest ways in which policy can benefit from the increasing depth in the social science research. Details: San Diego, CA: University of San Diego School of Law, 2013. 19p. Source: Internet Resource: San Diego Legal Studies Paper No. 13-123 ; Accessed July 16, 2013 at: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2281423 Year: 2013 Country: United States URL: http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2281423 Shelf Number: 129400 Keywords: Business CorruptionConsumer ProtectionWhistleblowing |
Author: Dufwenberg, Martin Title: Legalizing Bribe Giving Summary: A model of "harassment bribes," paid for services one is entitled to, is developed to analyze the proposal to legalize paying these bribes while increasing fines on accepting them. We explore performance as regards corruption deterrence and public service provision. Costs of verifying reports make the scheme more effective against larger bribes and where institutions' quality is higher. A modified scheme, where immunity is conditional on reporting, addresses some key objections. The mechanism works better against more distortionary forms of corruption than harassment bribes, provided monetary rewards can compensate bribers for losing the object of the corrupt exchange. Results highlight strong complementarities with policies aimed at improving independence and accountability of law enforcers. Details: Stockholm: Stockholm School of Economics (SITE); Centre for Economic Policy Research (CEPR, 2013. 35p. Source: Internet Resource: Working Paper no. 13: Accessed April 30, 2015 at: https://ideas.repec.org/p/igi/igierp/515.html Year: 2013 Country: International URL: https://ideas.repec.org/p/igi/igierp/515.html Shelf Number: 135426 Keywords: BribesCorruptionWhistleblowing |
Author: Gorbanova, Mariya Title: Speak Up: Empowering citizens against corruption Summary: There are many barriers that prevent individuals from speaking up. Public trust in the ability of institutions to deal with corruption is low and reporting channels are often unclear or unreliable. Laws that protect whistleblowers are poorly implemented or non-existent and citizens often do not know their rights or how to effectively exercise them. This report provides examples of how Transparency International has worked with citizens to challenge the assumption that nothing can be done about corruption. Drawing primarily on the experience of seven European Union (EU) countries (the Czech Republic, Greece, Hungary, Ireland, Latvia, Lithuania and Luxembourg) participating in a multi-country project to empower citizens to speak up against corruption and wrongdoing, we highlight how we can work effectively with individuals to break the corruption cycle. Details: Berlin: Transparency International, 2015. 36p. Source: Internet Resource: Accessed May 21, 2015 at: https://www.transparency.org/whatwedo/publication/speak_up_empowering_citizens_against_corruption Year: 2015 Country: International URL: https://www.transparency.org/whatwedo/publication/speak_up_empowering_citizens_against_corruption Shelf Number: 135755 Keywords: Fraud and Corruption Whistleblowing |
Author: Victorian Ombudsman Title: Investigation into allegations of improper conduct by officers of VicRoads Summary: This report sets out the investigation into a protected disclosure complaint referred by IBAC to the Ombudsman in October 2014. The discloser alleged that it is 'normal practice' for VicRoads Transport Safety Services staff caught speeding in VicRoads vehicles to avoid a fine by claiming unjustifiable exemptions. In effect, the allegation was that some VicRoads staff break the road rules with impunity. Victorian road rules are clear: road users may not exceed the speed limit, unless the special exemptions for drivers of police, emergency, enforcement and escort vehicles apply. The rationale for both the road rules and the exemptions is unarguably about public safety. The investigation found that the allegation was substantiated. We found that some VicRoads enforcement officers routinely exceeded the speed limit in VicRoads vehicles without displaying lights or sirens, as required by the road rules. There must be serious doubt about whether at least some of these speeding vehicles were engaged in enforcement activity at all. Not only did some staff routinely break the rules, the process for investigating infringements and approving exemptions was seriously deficient. Exemptions were approved on no or minimal evidence, and with no or minimal rationale. Senior staff responsible for approving exemptions were not even aware that lights or sirens were necessary. The result was that VicRoads enforcement officers bore no consequences despite committing offences for which any member of the public would get a ticket and points off their licence. One of VicRoads' key aims is the safety of the road system for all road users. Yet this investigation reveals internal failures which could jeopardise the safety of both VicRoads officers and the Victorian public. The investigation also exposed a culture within a key unit of VicRoads of ignoring the legislation they are responsible for enforcing. One VicRoads enforcement officer told us they "can't do their jobs" if they did not break the law. People with the power to enforce the law and impose penalties on others must be held to the highest possible standards when it comes to their own conduct. It is a worrying state of affairs when those charged with enforcing the rules not only flout them, but have no qualm in doing so. The investigation was limited to one area of VicRoads Transport Safety Services, examining 18 of the 40 infringements recorded against VicRoads vehicles over a two-year period. Given the problems identified in this region, the lack of internal controls to monitor exemptions and the confused data, I am recommending that VicRoads review all exemptions approved in the past three years and take appropriate action in relation to any staff who either incurred or approved an exemption inappropriately. VicRoads' Chief Executive Officer has told me he is committed to addressing the issues, both cultural and specific, highlighted in this report. Concerns about this area of VicRoads have been raised by the Ombudsman before, including in my predecessor's 2013 annual report. As a result, a new leadership team was put in place, and I am advised that robust action has been and will continue to be taken to ensure high standards of good conduct. VicRoads should be leading the way on road safety, and public servants should not forget that they lead by example. This potentially dangerous and unfair practice came to light as a result of a whistleblower coming forward. Reporting wrongdoing is the first step to rooting it out. Details: Melbourne: Victorian government printer, 2015. 29p. Source: Internet Resource: Accessed July 8, 2015 at: https://www.ombudsman.vic.gov.au/getattachment/5d31ce88-4c24-4398-ba42-e740f79fdcf1//publications/parliamentary-reports/investigation-into-allegations-of-improper-con-(3).aspx Year: 2015 Country: Australia URL: https://www.ombudsman.vic.gov.au/getattachment/5d31ce88-4c24-4398-ba42-e740f79fdcf1//publications/parliamentary-reports/investigation-into-allegations-of-improper-con-(3).aspx Shelf Number: 135968 Keywords: Complaints Against PolicePolice MisconductTraffic OffensesWhistleblowing |