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25 June 2021 / John Bowers KC
Issue: 7938 / Categories: Features , Employment
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Whistleblowing: eyes on the prize?

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Is it time for the UK to consider financial rewards for whistleblowers? John Bowers QC weighs up the pros & cons
  • Offering monetary rewards to those who blow the whistle, as in the US, has thus far had a lukewarm reception in the UK, with concerns surrounding motivations and increased antagonism.
  • However, it is clearly desirable—both morally and economically—to encourage whistleblowers to come forward, and the possibility of reward may provide more of a reason to do so.

Bradley C Birkenfeld, a former banker at UBS, served two and a half years in prison for conspiring with a wealthy California developer to evade United States income taxes. He was convicted of fraud for withholding crucial information from federal investigators, including details of his top client, the property developer Igor Olenicoff.

Yet, the Internal Revenue Service (IRS) made Birkenfeld’s post-prison life just a little bit easier by granting him in 2012 a reward of $104m for whistleblowing—not for blowing the whistle on his own activities, but by divulging the schemes

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NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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