Name/Unformation on a judicial system based on ratting out people and beeing rewarded part of the fine
March 10, 2011 1:44 AM Subscribe
Name/Information on a judicial system based on ratting out people and beeing rewarded part of the fine
In 2008 the german government bought a CD from a bank employee with data on tax evasion for 4,6 million euros. After much discussion the deal was approved and led to a retrieval of some 1 billion euros in evaded tax money. Since then the authorities have been offered several similar deals and at the moment there are pending eight buys of such data.
Two random examples where such a system could work in other areas:
1. In germany selling alcohol/tabacco to minors is fined with 10000€ but it is poorly policed, so it is fairly easy for a minor to get some. If you would reward half of the fine to the person who provides proof this happened, which minor would rather have his sixpack of beer than the 5000€?
2. Illicit labour: Fine of 1000€ for each person employed illegally. How would yout get 10 illegal construction workers of whom all would forfeit the 5000€ for their right to work for 3€/h?
If you could implement this in a way that it is very difficult to frame people, I guess it would be quite effective.
So my question is: Is there a name for a judicial system that is based on that principle and is it somewhere implemented on a wider scale? Any articles on the subject?
In 2008 the german government bought a CD from a bank employee with data on tax evasion for 4,6 million euros. After much discussion the deal was approved and led to a retrieval of some 1 billion euros in evaded tax money. Since then the authorities have been offered several similar deals and at the moment there are pending eight buys of such data.
Two random examples where such a system could work in other areas:
1. In germany selling alcohol/tabacco to minors is fined with 10000€ but it is poorly policed, so it is fairly easy for a minor to get some. If you would reward half of the fine to the person who provides proof this happened, which minor would rather have his sixpack of beer than the 5000€?
2. Illicit labour: Fine of 1000€ for each person employed illegally. How would yout get 10 illegal construction workers of whom all would forfeit the 5000€ for their right to work for 3€/h?
If you could implement this in a way that it is very difficult to frame people, I guess it would be quite effective.
So my question is: Is there a name for a judicial system that is based on that principle and is it somewhere implemented on a wider scale? Any articles on the subject?
Well around here (Indiana, in the US) if you report a drunk driver and your call to 911 leads to an arrest, you can get $50. I don't think there's really a name for it but it just encourages citizens to call the police.
posted by IndigoRain at 1:53 AM on March 10, 2011
posted by IndigoRain at 1:53 AM on March 10, 2011
Response by poster: Ah, "Qui tam" was what I was looking for! Thanks.
posted by SweetLiesOfBokonon at 2:41 AM on March 10, 2011
posted by SweetLiesOfBokonon at 2:41 AM on March 10, 2011
Yes, this is a feature of US civil justice system.
1) There are many state and federal employment whistleblower laws allow employees to collect damages if they rat out their employer and get punished for it. However, the reward they get is related to the harm their employer does to them; it's not an independent reward.
2) Under the False Claims Act and the tax whistleblower statute, you can get a reward for reporting fraud on the government or tax fraud.
3) Fee shifting/"private attorney general": There are many laws that make the defendants pay the plaintiffs' attorneys fees if the plaintiff wins. This encourages plaintiffs bring cases to redress wrongdoing, because otherwise it would be too expensive.
4) Where there isn't fee shifting, the general rule in the US, unlike some other countries, is that the plaintiff and the defendant pay their own attorneys fees. The plaintiff does not have to pay the defendant's fees if the plaintiff loses. This allows plaintiffs to take much more risk in bringing cases and (ideally) allowing them to bring wrongdoing to light.
posted by yarly at 10:58 AM on March 10, 2011
1) There are many state and federal employment whistleblower laws allow employees to collect damages if they rat out their employer and get punished for it. However, the reward they get is related to the harm their employer does to them; it's not an independent reward.
2) Under the False Claims Act and the tax whistleblower statute, you can get a reward for reporting fraud on the government or tax fraud.
3) Fee shifting/"private attorney general": There are many laws that make the defendants pay the plaintiffs' attorneys fees if the plaintiff wins. This encourages plaintiffs bring cases to redress wrongdoing, because otherwise it would be too expensive.
4) Where there isn't fee shifting, the general rule in the US, unlike some other countries, is that the plaintiff and the defendant pay their own attorneys fees. The plaintiff does not have to pay the defendant's fees if the plaintiff loses. This allows plaintiffs to take much more risk in bringing cases and (ideally) allowing them to bring wrongdoing to light.
posted by yarly at 10:58 AM on March 10, 2011
This thread is closed to new comments.
More broadly, this is an example of qui tam.
posted by atrazine at 1:53 AM on March 10, 2011