EWJ FEB 59 2025 web - Flipbook - Page 66
· Funding for the programme, if not entirely through
recovered funds;
be important to maintain public trust through
stringent eligibility criteria and oversight mechanisms.
· Adding to the backlog of cases in an already overburdened judicial system; and
Similarly, immunity agreements would need to be
carefully considered and subject to judicial scrutiny.
Conditions such as requiring full cooperation, truthful testimony and restitution where possible could
help balance the need for effective prosecution against
the principles of justice.
· A backlash from business, if employers fear that
whistleblowing reward programmes could damage
workplace relationships by fostering a culture of
mistrust or incentivising employees to bypass internal
reporting mechanisms.
From the perspective of a forensic investigator, often
working on internal investigations precipitated by
whistleblower allegations, I see the judicious and
transparent use of incentives as a way of improving
the odds of resolving investigations correctly, including the SFO’s effectiveness and recoveries. While this
debate plays out at the enforcement level, companies
with operations in the UK should consider if their own
whistleblower channels and response procedures perhaps with their own reward schemes - are fit for
purpose to leverage meaningful tips and a positive
compliance culture.
The UK government and enforcement authorities will
have to decide how far they are willing to adapt to the
increasing complexity and globalisation of financial
crime. The SFO’s mandate - to prosecute high-level
economic crime- often places it in competition with
well-resourced corporations and sophisticated nefarious networks. In this environment, the reluctance to
adopt tools such as whistleblower payments risks hampering enforcement agencies’ ability to secure critical
evidence and convictions. An effective whistleblower
reward programme would add a significant weapon
to the SFO’s capabilities.
References
[1] Andy Parratt, SFO’s Deputy Head of Fraud,
Bribery and Corruption, speaking at the Association
of Corporate Investigators Symposium in November
2024.
Immunity from prosecution: the lesser evil?
Immunity from prosecution is another divisive tool in
the fight against fraud. It is not common practice for
British prosecutors to strike deals with individuals who
have been complicit in crimes, even if their testimony
could be illuminating. Critics argue that immunity
undermines the moral foundations of justice.
[2] SFO 2023/24 Annual Report”
Author
Ben Walter
Associate Director, London
Forensic Risk Alliance
www.forensicrisk.com
Yet there are situations where immunity may be the
most pragmatic choice. Complex fraud cases often involve multiple layers of collusion, making it difficult to
isolate culpability without insider cooperation. Immunity can encourage key players to come forward,
providing testimony that leads to higher-level convictions. The SFO has publicly stated that they will always
go after the individuals responsible.2 The recent
charges against six former Glencore employees was
one such statement of intent. Granting immunity from
prosecution for lesser players could support this aim.
INTERNATIONALLY RENOWNED MENTAL HEALTH CARE EXPERTS
The Maudsley Hospital is an internationally renowned centre for mental health
care and provides the largest portfolio of national and specialist mental health
services in the UK. Many of our experts are at the forefront of research and training
in psychiatry and are highly respected in their field.
However, when Ephgrave recently admitted to the use
of immunity in an investigation, it prompted shock
and criticism. As with whistleblower rewards, there are
still cultural and practical barriers to making this a
more common tool in the SFO’s arsenal.
As part of this historic organisation, Maudsley Private Care is home to a dedicated
team of Maudsley experts in a covering a range of specialist areas to provide prompt
and responsive medico-legal reports and services for solicitors, barristers, courts and
other agencies.
Our panel of nationally recognised psychiatrists and psychologists provide expert court
reports and expert witnesses in civil, family and criminal cases across the UK. As a
leading national centre for mental health, we are used to complex cases and issues.
Striking a balance: safeguards and transparency
To overcome entrenched British views on these
matters, policymakers and enforcement agencies will
need to address public and institutional concerns.
Transparency and robust safeguards will be critical.
Following the outcome of claims, we can offer a range of individually tailored
psychological therapies and family therapies. The care is joined up care, with the
option of input from psychiatry and psychology combined.
Our experts
Our panel includes expert psychiatrists and psychologists in a wide range of general
and specialist fields of mental health. Some of our areas of special expertise include:
• Brain injury
• Cases involving physical and mental health
• Child and sexual abuse
• Clinical negligence
• Discrimination
• Employment issues and workplace stress
• Family law
• Fitness to plead
• Housing
• Medical negligence
• Mental capacity
• Neuropsychiatry
• Perinatal mental health
• Personal injury
• Psychological trauma
• Functional or ‘medically unexplained’ physical
symptoms
For whistleblower payments, this could involve linking rewards to measurable outcomes, such as recovered funds or successful prosecutions, and rewarding
based on the value of the information received rather
than the motives of the whistleblower, meaning that a
whistleblower could be both sentenced for complicit
activity (if no immunity is granted) and receive an
award. Clear guidelines could prevent abuse and ensure payments are reserved for cases where the information provided is both critical and credible. It would
EXPERT WITNESS JOURNAL
Contact Name: Maudsley Private Care - Tel: 020 3228 9880
Email: jenn.owen@kcl.ac.uk - Alternate Email: privatecare@slam.nhs.uk
Website: www.maudsleyprivatecare.co.uk/home - Area of Work: Nationwide
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