This Article confronts the question of optimal whistleblowing in the context of financial fraud. Design choices, which play out along two axes, have profound effects on the successful implementation of whistleblowing policy. One axis varies by end goal—to provide whistleblowers with positive monetary incentives or to make them whole with antiretaliation protection. The other axis centers on the mechanism for achieving that goal—agency intermediation or a private cause of action in the courts.
Volume 94, No. 2, Winter 2022