The prosecution's case seemed thin initially. There were allegations of financial misconduct, but the transactions had board approval. Corporate records showed compliance with procedural requirements.
The prosecution's case seemed thin initially. There were allegations of financial misconduct, but the transactions had board approval. Corporate records showed compliance with procedural requirements. Management maintained everything that was properly authorised.
Then the prosecution produced the whistleblower complaint file.
Six months before the alleged misconduct came to regulatory attention, an employee had filed a detailed complaint. The complaint identified the same transactions, raised the same concerns about related party conflicts, attached the same documentary evidence that would later form the basis of regulatory action.
The company had to conduct an internal investigation. Their conclusion: "No violation of policy. Matter closed."
That dismissed complaint transformed the case from a potential compliance violation into evidence of willful misconduct. The company's own investigation report became the prosecution's most valuable exhibit, not for what it found, but for what it chose not to find.
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