Quiz 7: Blowing the Whistle
Whistle blowing simply means the identification of a misconduct in the corporate and then bringing that misconduct to the attention of others. The one who does this is known as a whistle blower. There are two types of whistle blowing. These are as follows: • Internal whistle-blowing: It is the one in which an employee identifies a misconduct in the corporate and then bring that misconduct to the attention of a superior. • External whistle-blowing: It is the one in which an employee identifies a misconduct in the corporate and then bring that misconduct to the attention of a law enforcing agency or media. In the provided case, person B has two different options. These are as follows: • Initially, person B should opt for the internal procedure. He must give a try if the problem could have been solved internally. • If the internal procedures do not work, then he should probably go for an external procedure and approach a law enforcement agency. Media must be last option.
a) GAP has a mission that is basically to protect all whistleblowers. They do this by: i. Being an organization of lawyers, they protect all whistleblowers against retaliation. ii. Based on whistleblower information, they have conducted their own investigations and prevented a lot of harm being done to the environment and community. Like prevent nuclear plants being built that were accidents waiting to happen, closing down toxic incinerators and the like. iii. They also help to strengthen the whistleblower laws. They have been at the forefront of passing much new national and international legislation to protect whistle blowers. This has been both in the public sector as well as the private sector. iv. The last thing that they do is spread the knowledge. Most of the members are adjunct professors in prominent law schools. They also run a clinic where they have 10-12 interns during summer internship. These are some of the main aims of GAP. b) GAP is funded mainly through donations. These donations can be: i. A one-time donation either in cash or by transfer of securities. ii. A planned donation. This is when a donation is pledged to be delivered regularly over a period of time. iii. Support any particular ongoing whistleblower retaliation protection program. These are the different ways by which GAP is funded. c) If one is thinking of becoming a whistleblower, GAP is willing to guide the person through the entire process. There is an elaborate " Intake Form " that has to be filled in and sent to the intake coordinator. GAP also expects that those who have the means to pay their legal fees should volunteer to do so. But this is not a pre-condition for GAP taking on any case.
In any company or organization, employees cannot every time be able to identify fraud-related activities in person or individually as they will be ties up with their jobs and targets. A whistle-blower is a person who takes care of all the people working in an organization and checks if any fraud-related activities are taking place. An individual is dedicated specially to look after and identify fraudulent activities in the organisation. If they seem to identify any such activity, they report immediately to the higher officials. The whistle-blowers can be employees, contractors etc. Most of the companies have different type of rules and policies which clearly gives a note that how to react when any wrong or fraud is going on and for monitoring this thing the some persons will be appointed and they are called whistle-blowers.