The notion that a compliance officer can also serve as a whistleblower is unsettling to many in the business world. After all, the compliance function’s responsibility is to investigate and address issues so people don’t have to become whistleblowers. But under certain conditions, a compliance officer can blow the whistle on his or her employer’s illegal behavior—a fact validated by the U.S. Securities and Exchange Commission, which has recently issued awards of $300,000 and $1.4 million to compliance professionals. Courts have also permitted compliance officers to pursue qui tam suits under the False Claims Act.
This article discusses steps a legal department can take to minimize these kinds of risks.
