Centro de Documentação da PJ
Analítico de Periódico
CD 341
Foreign whistleblowing [Recurso eletrónico] : the impact of US extraterritorial enforcement on anti-corruption laws in Europe / Elina Karpacheva, Branislav Hock
Journal of Financial Crime, Vol. 31, n. 1 (2024), p. 1-13
Ficheiro de 159 KB em formato PDF.
DENÚNCIA, CRIME ECONÓMICO, CRIME TRANSNACIONAL, COOPERAÇÃO TRANSFRONTEIRIÇA, PREVENÇÃO DA CORRUPÇÃO, ESTADOS UNIDOS, UNIÃO EUROPEIA
Purpose – Foreign whistleblowers are foreign citizens who help national enforcement authorities to sanction both foreign-based corporations and home-based corporations that engage in economic crime. This paper aims to investigate the expansion of US law in the area of transnational economic crime by discussing the case of foreign whistleblowers. Design/methodology/approach – This paper has been developed from a literature review carried out as part of a wider study into policing international bribery. Findings – This paper shows that extraterritorial application of US whistleblowing laws is part of a broad trend associated with extraterritorial enforcement of US anti-corruption statutes such as the Foreign Corrupt Practices Act (FCPA). The extraterritorial reach of the FCPA and other statutes allowed the USA to become the leader in sanctioning US corporations as well as non-US corporations for economic crime. In effect, some US enforcement practices have become the standard that has influenced law and law enforcement in other countries as well as internal compliance of corporations. Originality/value – In spite of the profound impact foreign whistleblowing has on the effectiveness of national anti-corruption enforcement, this topic has been largely neglected by academic research. To the best of the authors’ knowledge, this paper is the first to provide an overview of the role of foreign whistleblowers and the significant impact foreign whistleblowing has for legal reform in European countries and internal compliance of corporations in Europe and beyond.
