Failing to report

“French Cardinal Convicted for Covering Up Child Sex Abuse,” The Wall Street Journal, March 8, 2019.  Conviction for failure to report a crime.

Criminal law has some provisions about failing to report certain types of crimes.  At common law (which means civil liability for damages, in the absence of a statute or contract), an employee has a duty to his or her employer (a) to comply with applicable law and (b) report material violations to his or her employer.

So, as a matter of Compliance, the Cardinal had both a statutory obligation and an employment obligation to report information about child abuse.  From a Governance perspective, did his employer have controls in place?  Did he report it to his employer?

Do your company’s policies have a duty to report material violations?  Do you have that duty anyway?

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Filed under Theme One: Information, Theme Three: Compliance, Theme Two: Governance

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