Read The Times Australia

Daily Bulletin

Hockey targets white collar crime, but forgets whistleblowers

  • Written by: The Conversation
imagePrime Minister Tony Abbott and Treasurer Joe Hockey have come under increasing pressure to crack down on tax avoidance and white collar crime.AAP Image/Lukas Coch

Treasurer Joe Hockey has announced a new Serious Financial Crime Taskforce to crack down on white collar crime.

Mr Hockey said that:

The Government will provide $127.6 million over four years for investigations and prosecutions that will address superannuation and investment fraud, identity crime and tax evasion.

The new taskforce includes the Australian Taxation Office, Australian Crime Commission, Australian Federal Police, Attorney-General’s Department, Australian Transaction Reports and Analysis Centre, Australian Securities and Investments Commission, Commonwealth Director of Public Prosecutions and Australian Customs and Border Protection Services, according to a press release issued by his office.

In what will be a popular – even populist – initiative, the taskforce will scrutinise a very diverse community of wrongdoers known as white collar criminals.

Good luck to them. Mr Hockey may wish to reflect, for a moment, on the turbulent history of similar efforts by other countries to fight white collar crime.

Lessons from the UK and US

The UK equivalent of the new taskforce, the Serious Fraud Office (SFO) – known in some quarters as the Seriously Flawed Office – has had a very chequered history. The SFO has handled some very high profile cases – but convictions have been few and far between.

The SFO was created in the late 1980s as a result of public outrage about financial scandals involving some very colourful characters, such as publisher and MP Robert Maxwell, who was accused of defrauding pension funds.

Maxwell died after falling off his yacht in 1991 but his sons and advisers were charged with fraud.

Just last month, some 20 years after the trial was started, the Maxwell brothers were acquitted of charges of defrauding the Maxwell pension funds. Other charges remain, but after this rebuff it is likely that the SFO will drop them.

You see, charging people with fraud is easy. Securing a conviction is extremely difficult. After sitting through weeks and months of mind-numbing detail that only a forensic accountant would love, juries made up of the average man or woman on the street are often left confused and many end up acquitting.

As long as the accused in such cases have pockets deep enough to keep hiring good QCs, they can – like the Maxwells did – spin litigation out for decades until everyone gets tired and gives up.

But it is not only the SFO who have found it difficult to bring down prosecutions in cases of financial misconduct. The equivalent authorities in the US have not fared much better.

After all the investigation and soul-searching that followed the GFC, only one senior financial executive, former Credit-Suisse trader Kareem Serageldin, has been jailed.

New taskforce for an old problem

Of course, the new Serious Financial Crime Taskforce will not be Australia’s first effort to fight white collar crime.

The Australian Tax Office’s Project Wickenby, famous for pursing actor Paul Hogan, has had some success in prosecuting small fry for tax evasion but their success rate is only 44 convictions out of 76 charged. Project Wickenby winds up this year. They have recouped almost A$1 billion out of tax liabilities of $2.1 billion identified.

A big number, sure, but still a drop in the ocean compared to the hundreds of millions the ATO misses out on every year.

It so happens that Mr Hockey’s announcement about the new Serious Financial Crime Taskforce comes during the same week the government hinted one agency that has traditionally helped tackle white collar crime – the Australian Institute of Criminology (AIC) – was to be wound up and folded into the Australian Crime Commission to save money.

Blowing the whistle

One key element is missing from Mr Hockey’s announcement. Because white collar criminals are typically hiding in plain sight, one of the most effective deterrents is whistle blowing.

If people believe that they will get dobbed in by their colleagues, they will be less tempted to commit crime. An example in Australia is that of the foreign exchange scandal at National Australia Bank (NAB) in 2004, which was only brought to light by a junior staff member blowing the whistle. Prosecutions followed and white collar criminals went to jail.

The US gets it. There, the Securities and Exchange Commission (SEC) now hosts an Office of the Whistleblower, and the SEC has recently announced an award of over US$1 million to a compliance officer who blew the whistle on their company. The Office has handed out over US$50 million to other whistleblowers in the last four years.

Joe Hockey should follow suit. To assist the new Serious Financial Crime Taskforce, the Treasurer should immediately introduce legislation to strengthen whistleblower protection in Australia by creating an office similar to that in the US SEC.

Pat McConnell does not work for, consult to, own shares in or receive funding from any company or organisation that would benefit from this article, and has no relevant affiliations.

Authors: The Conversation

Read more http://theconversation.com/hockey-targets-white-collar-crime-but-forgets-whistleblowers-41236

Business News

How Businesses Can Prepare for Unexpected Power Outages

Power failures can occur quickly. The supply may be interrupted by bad weather, issues with the electricity network, damaged equipment or local construction work. This can be just a hassle for a fam...

Daily Bulletin - avatar Daily Bulletin

How Chatswood Tutoring Can Fit Into a Student’s Weekly Routine

Create a Predictable Weekly Structure A consistent weekly routine can make study easier to manage when students are balancing several subjects. Chatswood tutoring can provide a fixed learning point a...

Daily Bulletin - avatar Daily Bulletin

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

How to Fix Poor Subfloor Ventilation in Older Homes

Older homes have character, but many were built before today's ideas about moisture and airflow were...

Early Engagement on Instagram: What Those First Reactions Really Tell You

The first few hours after an Instagram post goes live are worth paying close attention to. A massi...

Why Preventive Care Matters for Heavy-Duty Equipment

Heavy-duty equipment is designed to operate reliably under demanding conditions and over extended ...

7 Natural Tips to Restore Shine and Softness to Dull Hair

Healthy, lustrous hair often feels like an unattainable dream when you are dealing with dry, brittle...

Buying Property with Someone else? Settle these Questions First

Buying a home with a partner, a sibling or a friend can make a purchase possible that neither of you...

How to Handle a Blocked Drain in Bribie Island Before Starting Deck Repairs

Planning an outdoor upgrade brings excitement, but building a beautiful timber deck requires caref...

What to Look For When Selecting an Installation Specialist for Gas Stoves and Water Filters in Brisbane

Upgrading your kitchen or improving your home's water quality requires specialised skills. When mana...

What to Consider Before Cleaning Your Exterior: Deck Pressure Cleaning, Pressure Cleaning, and How Much Does It Cost to Pressure Wash a House?

Maintaining a home's exterior in coastal Sydney requires regular attention to combat salt spray, mou...

Signs Your Trailer Needs Professional Repair Before Its Next Long Haul

A long road trip can put considerable strain on a trailer, particularly when it is carrying heavy ...