June 06, 2005

Whistle-blowing Poll, Collonette, Chiang - Gazprom: Media Control -- Globalization & $$$ -- Keegan: Civil vs Military Law

In March 2004 (11? 21?), I wrote on proposed whistleblowing legislation and why the legislation proposed is inadequate since its effect is to protect the government, not to reveal what should be revealed to the citizens who pay.

Poll: Whistle-blowers get bosses' backing -- When in government Barbara Shecter, FP, May 30, 05

Remember, this is a survey of business leaders who fear the costs of whistleblowing, presumably.

. . . a National Post/COMPAS poll.

[. . . . ] The online survey, conducted between May 25 and May 27, also concluded that business leaders see the greatest need for whistle-blower protection for government employees, with 59% of respondents selecting that group.

[. . . . ] A majority of the business leaders who responded to the survey, or 56%, oppose following legislation in the U.S. that allows whistle-blowers at corporations to keep up to almost one-third of the value of savings resulting from their revelations. However, 40% of respondents said Canada should have a similar law.

[. . . . ] But those who responded to the survey were largely in favour of modified laws to make it easier for employees to sue their employer -- government or private sector -- if there was retaliation for revelations of wrongdoing.

Seventy-five percent were in favour of changes to the law to protect private sector workers, while 85% said such modifications were desirable for the protection of public sector workers. [. . . . ]





Whistle-blowing -- from one who used to work in the PMO Penny Collenette, Financial Post, Jun. 6, 05

Penny Collenette, School of Management Adjunct Professor, Faculty of Law, University of Ottawa

Note: She did not blow any whistles, herself.



Re: Whistle-blowers Get Bosses' Backing, FP CEO Poll, May 30

As someone who teaches a law course entitled "Whistle-blowing: The Busy Intersection of Law and Ethics," I applaud both the poll and the recent story on this subject.

However, while "whistle-blowing" and "whistle-blowers" are traditional descriptions, the words "ethical reporting" and "ethical reporters" are also gaining ground. Similarly, the federal government's Bill C-11 speaks of "disclosure of wrongdoing" rather than whistle-blowing. These alternate phrases reflect a global trend to lessen the drama and emotion connected to the subject. The emphasis should be on the message, rather than the messenger. An individual who believes there is wrongdoing and reports it, is simply doing his/her job and under some legislation, is obligated to report suspected wrongdoing.

An efficient and discreet system for [. . . . ]


. . . hushing it up? In the heyday of Adscam, she knew nothing? Nothing caused her nose to twitch? She teaches a course on whistleblowing.



David Chiang, Director of The Institute of Internal Auditors, Vancouver Chapter David Chiang, FP, Jun. 6, 05

The Institute of Internal Auditors would support the suggestion that the use of "hotlines" is one method of persuading employees (and others) to reveal wrongdoing. An article published by IIA (Internal Auditor Magazine, April, 2004) quoted an industry report that organizations with a fraud hotline cut their fraud losses by approximately 50% per scheme.

While proven effective, hotlines are just one means. A sound set of internal controls, strong code of ethics, an objective and independent internal audit function, combined with an organizational climate that does not tolerate unethical behaviour are all essential components for improved corporate governance. [. . . . ]


That last part -- therein lies the rub.




Gasprom: Media Control

Government-controlled Gazprom acquires control of Izvestia Jun. 4, 05, AFP / Financial Post

. . . one of the country's most respected newspapers, in a move that pushes the state's control of the media . . . . The Russian government is the main shareholder in Gazprom, the world's biggest producer of natural gas and the largest company in Russia. The news media have seen many of freedoms curtailed during President Vladimir Putin's five years in power. Gazprom already owns the NTV television channel and Echo Moscow radio station. [. . . . ]


Why does this sound just like home?





Earlier today, I posted "Taiwan's gangs go global". On the way to looking for something else, I found these, which touch upon globalization and crime.

Casino Connections -- A lavish feast to signify the reemergence of the 14K Triad in Macau will have ripple effects in B.C. Jul 8, 2004, The Asian Pacific Post, which might lead you to search: "Stanley Ho , RCMP" and find this book

PAPER FAN: The Hunt for Triad Gangster Steven Wong, Chapter 1 online by Terry Gould -- fascinating -- Here is one source: Amazon

CASINO CONNECTIONS Part 2 - Stanley Ho's house of cards Jul 22, 2004, The Asian Pacific Post

Money laundered through Macau casino ended up in Richmond and Vancouver banks.

[. . . . ] But all the alleged criminal connections are downplayed and Ho continues to build his global business empire with little hindrance and a lot of influence.
Now, however, an investigation by the Far Eastern Economic Review magazine shows that police suspicions about Ho‘s operations are not too off the mark.

A report by prize-winning writer Barry Wain alleges that Ho‘s multibillion-dollar gaming flagship Sociedad de Tourism e Diversoes de Macau (STDM) is allegedly at the centre of a money-laundering scheme moving billions of dollars out of China through Macau into Hong Kong.

Some of the laundered money has already made its way into B.C. banks and casinos.


Prosecutors in Hong Kong who are handling the Bank of China scandal say US$1.4 million of US$26.5 million allegedly embezzled by a former bank branch manager was
illegally moved in the form of an STDM cheque.

The money was allegedly taken by Hui Chiu Fan who with two accomplices entered Canada via Vancouver using false identities.
[. . . . ]


Canada's immigration system is so helpful if you are rich and powerful -- with connections.





Keegan: Civil vs Military Law

Bad law is making a Just War so much harder to fight John Keegan, June 2, 05

[. . . . ] The mobilisation of legal procedures within a law-abiding army, such as the British, against its own people, has the most undesirable effects. No one wants law-breakers to go unpunished. The reality is, however, that once military police and military lawyers start investigations, the normal understandings and assurances of mutual confidences on which normal army life subsists go out of the window.

[. . . . ] Military lawyers, in the nature of their job, cast their net as wide as possible. Comrade is questioned against comrade. Suspicion is aroused. The law of self-protection sets in. Men who would never in everyday life impugn a brother in arms are driven to hint at wrongdoing. Worse, those in positions of command who would normally object to any accusations being levelled against their subordinates become affected by the desire to distance themselves from criminal proceedings.

[. . . . ] Under court martial, it is unlikely that officers or soldiers, pleading that their actions should be understood within the military realities of fear, confusion and concern for each other's safety, would be condemned for lack of understanding of such circumstances. Good civil law is likely to make for bad military law. Only a lawyer would argue otherwise.





PepsiCo Pres.: Giving the Finger?

The Straight Story -- An American soldier tries to get PepsiCo to answer a simple question. by Scott Johnson, 06/03/2005
Scott Johnson is a contributor to the blog Power Line and a contributing writer to The Daily Standard.

[. . . . ] In her apology, Ms. Nooyi admits making a "thoughtless comment," but the fact is that this was a prepared speech that had a carefully-crafted theme about America's role in the world, with an extended metaphor of the fingers. These were not spontaneous remarks, which is the main cause of my concern. The underlying values indicated by the speech surprised me, especially when the nation is involved in a shooting war and U.S. troops are dying in the effort to stabilize the newly-freed nations of Iraq and Afghanistan. Not surprisingly, the email reply did not answer my one question: Does such U.S. sacrifice constitute "lending a hand" or "giving the finger" to the rest of the world?

[. . . . ] The question that I have asked since my first communication on this topic is whether PepsiCo agrees with the values that underlie Ms. Nooyi's statement made as the president of PepsiCo, not as a private citizen, since she is the company's president who made the remarks from a prepared text before a high-profile graduate school with media present. In regard to our relations with the rest of the world, does PepsiCo believe that America is "giving the finger," or "lending a hand?"



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