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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
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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