Hacker News Reader

Comment by olalonde | Hacker News Reader

What I had in mind was something more innocent like: mid-level employee engages in illegal activity (e.g. misrepresents some critical data in a report, engages in anticompetitive behavior, etc.), blows the whistle on company and puts blame on management. Whistleblower is granted immunity, company is fined large amount and employee collects a large payout.

I'm not saying this actually happened but it seems that large rewards may create such incentives. I might also be way off here, but it's really hard to know given the lack of information surrounding the rewards.

View on HN

You cannot receive an award for activities for which you have decision-making authority.

"Whistleblower" in a legal sense has to mean that someone _above_ you asked you do to the illegal activity.

That's what I meant by "blaming management", e.g. claiming you were just following orders from above.

OK sure: If you are sophisticated enough to completely fool the SEC investigators without leaving a paper trail, email, or text message anywhere that points back to you. If you are amoral enough to steal money this way. And smart enough to pull it off while dumb enough to do something so risky. Then yes in theory you might be able to do what you propose.

Perhaps you highlight a good point though: make sure to CYA if someone is pressuring you to do something borderline. Make sure there is an email or text message trail where you highlight your concern about the legality of the operation, ask if we should consult a lawyer, etc. If someone above you only speaks in person and insists that you are the originator of all documents/proposals that may be a sign they're trying to make it look like it was your idea.

Even then, go to the SEC right away. They will provide legal advice. Sometimes you should quit, sometimes gather evidence.

Your boss/company is responsible for your actions , if they have not put enough controls that is their problem.

For example there is personal phone/messaging app use in finance industry resulting in fines that is doing the news rounds now.

if you are communicating finance industry information outside the work devices provided and your company is not put enough controls and disciplined staff etc , they are liable for it .

> Your boss/company is responsible for your actions , if they have not put enough controls that is their problem.

I won’t argue they’re not accountable, but are you not yourself also responsible? If you knowingly commit fraud, “my boss didn’t stop me” is an unconvincing defense.

You can try, just like how you can try to steal your own car for the insurance money, but you'll be in a lot of shit when it doesn't work out.

Without a paper trail, without coworkers collaborating your story, the investigations might not have the outcome you desire. Also, if the firm is well run, internal audits can catch you, and then you'll be in a lot of trouble.

If you were involved with causing a fraudulent decision in any way, the company is going to use their mountains of evidence (e-mails, records, etc.) to prove it.

You can’t whistleblow on yourself and collect a reward. There isn’t really a scenario where someone can manipulate their company into doing large-scale fraud and not leave a trail behind that implicates themselves in the process.

You can only do this if when you first realize you are being asked to do something illegal you turn them in. You are often then askes to collect evidence for a few months. Anything elses risks them deciding you knew and wanted to benefit from crime and so getting charged, particularly if there is another whistle blower who gets there before you.

Reply on news.ycombinator.com