Learning the Elements of Qualitative Applied Business Research - Business Finance
LEARNING THE ELEMENTS OF QUALITATIVE APPLIED BUSINESS RESEARCHReview the Smaili and Arroyo article, Categorization of Whistleblowers Using the Whistleblowing Triangle, attached.Compose a formal, APA-formatted paper of no more than 700 words (word count excluding title and reference pages) that:Assesses the article by providing justification for regarding it as peer reviewed.Articulates the business problem identified by the source and argues why the study is an example of applied business research by presenting the context and setting as described by the author.Constructs an understanding of the authors research purpose based on the stated business problem.Include an APA-formatted figure, in addition to the written synthesis, to demonstrate fully your ability to synthesize ideas.Incorporate the figure into the body of the composition, not presented as an attachment or appendix document.Identifies the specific research method of the study and articulates the authors reasoning for this selection as appropriate for the studys purpose.Critiques the authors rationale for the worth or value of researching the business problem.Critiques the authors academic foundation for the study in that the research upon which the study seeks to build is appropriate for the business problem.ADDITIONAL REQUIREMENTSAssignment should meet the following requirements:Written Communication: Written communication is free of errors that detract from the overall message, follows standard American English usage, and uses language appropriate for the intended business and scholarly doctoral audiences.APA format: Paper, references, and citations are formatted according to current APA style and formatting guidelines.Length: 700 words, double-spaced.Font and font size: Times New Roman, 12 point.
cf_categorization_of_whistleblowers.pdf
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J Bus Ethics (2019) 157:95–117
DOI 10.1007/s10551-017-3663-7
ORIGINAL PAPER
Categorization of Whistleblowers Using the Whistleblowing
Triangle
Nadia Smaili1 • Paulina Arroyo1
Received: 17 August 2016 / Accepted: 31 July 2017 / Published online: 5 August 2017
Springer Science+Business Media B.V. 2017
Abstract In view of recent studies that identified certain
interest groups as potential whistleblowers, we propose an
integrative conceptual framework to examine whistleblower behavior by whistleblower type. The framework,
dubbed the whistleblowing triangle, is modeled on the
fraud triangle and is comprised of three factors that condition the act of whistleblowing: pressure, opportunity, and
rationalization. For a rich examination, we use a qualitative
research framework to analyze 11 whistleblowing cases of
corporate financial statement fraud in Canada that were
publicly denounced between 1995 and 2012. Our analysis
indicates that whistleblowers are not only insiders (employees, managers, and shareholders involved in management) but also outsiders [financial analysts (short sellers),
auditing firms, journalists, politicians, customers, and
investors]. It also suggests that a dynamic relation may
exist between whistleblowers. In addition, our findings
show that most whistleblowers opt for external channels
when they fail to receive an adequate response from
management, seek media exposure, are interested in
financial benefits resulting from the act of whistleblowing
(short sellers), or are interested in protecting their investment. Lastly, we propose categorizing whistleblowers into
four conceptual types: protective, skeptical, role-prescribed, and self-interested.
Keywords Whistleblower type Whistleblowing channel
Financial statement fraud
Introduction
According to a 2016 report published by the Association of
Certified Fraud Examiners (ACFE) (2016), which has
analyzed at least 2410 cases of occupational fraud1 in more
than 114 countries, 39.1\% of fraud cases are detected by a
whistleblower. The report states that employees are the
source of almost half of all whistleblowing cases that lead
to detection of fraud, followed by customers (17.8\%),
anonymous (14\%), vendors (9.9\%), shareholders/owners
(2.7\%), and competitors (1.6\%). Whistleblowing therefore
appears to be an efficient means of shining the spotlight on
occupational fraud. Media reports also indicate that
whistleblowing has made an impression on public affairs,
as demonstrated in Time Magazine’s designation of
whistleblowers Cynthia Cooper, Coleen Rowley, and
Sherron Watkins as 2002 Persons of the Year.2
Since 2011, whistleblowing cases have skyrocketed in
the USA. The Securities and Exchange Commission (SEC)
received 3620 whistleblower complaints in 2014 alone,
representing a tenfold increase over the 334 complaints
received in 2011. According to the 2014 Annual Report to
Congress on the Dodd–Frank Whistleblower Program
(SEC 2014), the most common whistleblowing complaint
& Paulina Arroyo
arroyo_pardo.paulina@uqam.ca
Nadia Smaili
smaili.nadia@uqam.ca
1
Department of Accounting Studies, School of Management,
Université du Québec à Montréal, Montreal, Canada
1
The ACFE defines occupational fraud as the use of one’s
occupation for personal enrichment through the deliberate misuse or
misapplication of the organization’s resources or assets.
2
Cynthia Cooper was the whistleblower in the WorldCom fraud.
Sherron Watkins was the whistleblower in the Enron fraud.
123
96
to the SEC involves corporate disclosures and financials
(16.9\%).
Recent studies have examined whistleblower types
(Chen and Lai 2014; Watts and Buckley 2015; Culiberg
and Mihelic 2016). Watts and Buckley (2015) argue that
recognizing that different types of whistleblowers exist
may help explain inconsistent results obtained in regard to
whistleblowing intentions. Chen and Lai (2014) suggest
classifying whistleblowers into four conceptual types (indifferent, rebel, mature, and spoiled). As this prior literature is limited to the study of inside whistleblowers
(employees), Culiberg and Mihelic (2016) emphasize that
‘‘introducing different types of whistleblowers provides
additional opportunities for inspection,’’ suggesting that
‘‘more comparative studies of internal/external whistleblowing be undertaken.’’
Given the importance of whistleblowing in detecting
fraudulent financial statements and the increase of different
types of whistleblowers, the following legitimate questions
arise about these actors and whistleblowing itself: (1) Who
are the whistleblowers (identity/type)? (2) What channels
are used by whistleblower type? and (3) What are
whistleblowers’ incentives/pressures, opportunities, and
rationalization, and how do these factors impact their
selection of whistleblowing channel? In line with prior
literature, we posit that these questions should be examined
together and over time to shed light on the whistleblowing
decision-making process, as suggested by Culiberg and
Mihelic (2016).
These questions have already received considerable
individual attention in academic circles, with researchers
examining the antecedents of whistleblowing and suggesting that individual, situational, and environmental
factors impact whistleblower behavior (Near and Miceli
1985; Miceli and Near 1992, 1994; Mesmer-Magnus and
Viswesvaran 2005; Latan et al. 2016; Culiberg and Mihelic
2016). Other studies have concentrated on the type of
whistleblowing channels selected by whistleblowers
(Dworkin and Baucus 1998; MacNab and Worthley 2008;
Miceli et al. 2001; Culiberg and Mihelic 2016), with their
primary focus being on insiders (former or current
employees), although a few did include outsiders as well
(Ayers and Kaplan 2005; Taylor and Curtis 2010; Dyck
et al. 2010; Miceli et al. 2014; Culiberg and Mihelic 2016).
We agree that further work is needed to examine the
motivations that prompt different types of whistleblowers
to expose fraudulent financial statements. The objective of
the current study is thus to expand existing knowledge
about whistleblower behavior by conducting a comparative
analysis to examine the incentives/pressures, opportunities,
and rationalization involved. For the purpose of our
research objective, we propose using the whistleblowing
triangle as a model to explain the factors that can induce an
123
N. Smaili, P. Arroyo
individual to blow the whistle. Using 11 Canadian firms
exposed by different whistleblowers for fraudulent financial statements, we compare the three elements of the triangle by type of whistleblower (insiders and outsiders). In
addition, we establish a new categorization of whistleblowers and delve into their decision-making process.
Canada offers an interesting context for the study of
whistleblowing because Canadian regulatory responses to
financial scandals better reflect the status of international
regulations on this issue. In addition, reaction to financial
scandals in Canada has been less aggressive than in the
USA. For instance, in the USA, the SEC enhanced the role
of the whistleblower through the Sarbanes–Oxley Act in
2002 to provide stronger encouragement and enhanced
protection for whistleblowers. In 2010 section 922 of the
Dodd–Frank Wall Street Reform and Consumer Protection
Act established important new provisions for whistleblowers. In Canada, Multilateral Instrument 52-110,
approved in 2003, mainly concerns audit committees,
which must adopt procedures regarding ‘‘the confidential,
anonymous submission by employees of the issuer of
concerns regarding questionable accounting or auditing
matters’’ (OSC 2004). Similarly to the Sarbanes–Oxley
Act, Multilateral Instrument 52-110 emphasizes the role of
the audit committee in whistleblowing, thereby assuming
that the audit committee has sufficient power and can act
with some degree of independence (OSC 2004).3
Although prior studies that examined whistleblowing in
Canada mainly featured comparative cultural and regulatory analyses (MacNab and Wortley 2008; MacNab et al.
2007; Thomas 2005; Lindsay et al. 1996), they also discussed federal whistleblower protection (Saunders and
Thibault 2010; Luframboise 1991). Our study, coinciding
with the implementation of two separate whistleblower
policies enacted, respectively, by the Ontario Securities
Commission (OSC) and the Autorité des Marchés Financiers (AMF—the financial market authority of the Province
of Québec, Canada), extends state-of-the art research on
whistleblowing by providing evidence from Canadian
financial statement fraud cases.
We contribute to the whistleblowing literature in several
ways. First, our study helps fill the gap recently pointed out
in the whistleblowing literature (Culiberg and Mihelic
2016) by investigating the antecedents and decision3
In October 2015, the OSC published the ‘‘Proposed OSC Policy
15-601 Whistleblower Program’’ (OSC 2015), designed to encourage
the report of instances of serious securities-related misconduct in
Ontario to the OSC. Under the proposed policy, ‘‘if there is an award
eligible outcome, eligible whistleblowers could receive up to a
maximum of $1.5 million regardless of whether the OSC recovers
sanction monies ordered, and up to a maximum of $5 million if the
OSC does recover funds.’’ The OSC launched the whistleblower
program in 2016.
Categorization of Whistleblowers Using the Whistleblowing Triangle
making process of different types of whistleblowers using
an integrative approach. It examines the identity and types
of whistleblowers, the whistleblowing channel chosen by
type of whistleblower, and whistleblowers’ pressures/incentives, opportunities, and rationalization. Second, this
investigation takes prior studies one step further by identifying whistleblowers not only by their intrinsic characteristics, but also by their motivations. Accordingly, we
introduce a new categorization of whistleblowers. In
addition, by comparing whistleblower types, we provide
new insight into the motivations that prompt each category
of whistleblower to reveal wrongdoing. Third, as pointed
out by Culiberg and Mihelic (2016), we investigate actual
whistleblowing cases rather than hypothetical ones. We
conduct comparative analyses over time to obtain an indepth picture, an approach that provides new awareness of
the dynamic relation between whistleblowers. We note
when a case involves more than one whistleblower and
observe the influence of previous whistleblowers’ disclosures in further accusations.
The whistleblowing triangle makes three main contributions to practitioners. First, it sheds light on the process
by which a person chooses to blow the whistle or, conversely, decides not to reveal the wrongdoing, and, in the
first case, on how the individual chooses a reporting
channel. Second, regulatory authorities can use the triangle
to provide a more effective framework for whistleblowing.
Finally, it helps decision makers inside the firm. In fact,
according to the whistleblowing triangle, a firm can
encourage whistleblowing as an efficient means to detect
corporate fraud by acting on diverse resources available in
the firm that can play a critical role in this effort, such as
internal controls, code of business ethics, and corporate
governance.
In the remainder of this paper, we examine the
whistleblowing classification that has been a mainstay of
the literature for more than three decades as well as the
classification that has emerged in recent years. We then
propose our conceptual framework and present our
research method. Finally, we present the 11 case studies on
Canadian firms, analyze the findings through the conceptual framework proposed, highlight our main theoretical
and practical contributions, and acknowledge the limitations of our study.
Whistleblowing and Whistleblower Classifications
In general, whistleblowing involves the disclosure of perceived wrongdoing (Trevino and Victor 1992), and the
whistleblower is the one who reports the wrongdoing. In
the current whistleblowing literature, the distinction
between internal and external whistleblowing derives
97
mainly from the identity of the recipient of the complaint
(reporting channel). For instance, if the whistleblower
directs his or her revelations to persons within the organization such as top management, the audit committee, or
direct supervisors, the complainant is called an internal
whistleblower. If the whistleblower turns to an external
body such as the media, the government, or any law
enforcement agency, the complainant is considered an
external whistleblower (Bouville 2007; Near and Miceli
1996; Ponnu et al. 2008). However, recent studies also
suggest classifying whistleblowers as insiders or outsiders
based on the position from which they observe an act of
wrongdoing (Dyck et al. 2010; Culiberg and Mihelic 2016).
One of the most widely adopted definitions originates
from Near and Miceli (1985), who describe whistleblowing
as ‘‘the disclosure by organization members (current or
former) of illegal, immoral or illegitimate practices under
the control of their employers, to persons or organizations
that may be able to effect action’’ (p. 4). Other scholars,
including De Maria (1994), Jubb (1999, 2000), Dyck et al.
(2010) and Culiberg and Mihelic (2016), hold a different
view of the act of whistleblowing and whistleblowers, as
summarized in Fig. 1.
The broader notion of whistleblowing portrays the
whistleblower as ‘‘a concerned citizen’’ (De Maria 1994),
‘‘an actor who brings each fraud to light’’ (Dyck et al.
2010), and as belonging to the categories of ‘‘insiders and
outsiders’’ (Culiberg and Mihelic 2016). There are therefore no restrictions regarding identity (insider or outsider)
or reporting channels (internal or external). A number of
scholars continue nonetheless to restrict whistleblowers to
‘‘current or former organization members,’’ in line with
Near and Miceli’s (1985) definition, recently reaffirmed by
Miceli et al. (2014). Jubb (2000) limits the definition of
whistleblowers even further by describing them as ‘‘insiders who seek to rectify perceived organizational
wrongdoing’’ (Jubb 2000). The latter’s view of whistleblowing as an act of dissent assumes that insiders must face
an ethical dilemma of divided loyalties to be considered
whistleblowers. However, Near and Miceli (1985) contend
that ‘‘employee deviance’’ is not a consistent or generalizable perception and therefore consider that an internal
auditor can be a whistleblower, contrary to Jubb (2000),
who maintains that reporting wrongdoing is a prescribed
role of internal auditors.
Legal provisions that affect whistleblowers appear to be
more broadly articulated. For instance, section 922 of
Dodd–Frank defines the whistleblower as ‘‘any individual
who provides, or two or more individuals acting jointly
who provide, information relating to a violation of the
securities laws to the Commission, in a manner established,
by rule or regulation, by the Commission’’ (p. 467).
Moreover, OSC Policy 15-601, a law in Ontario, Canada,
123
98
N. Smaili, P. Arroyo
Fig. 1 Whistleblowing classification
also known as the ‘‘Whistleblower Program,’’ defines the
whistleblower as ‘‘an individual who provides, or two or
more individuals acting jointly who provide, (a) voluntarily
original information relating to a violation of Ontario
securities law that has occurred, is ongoing or is about to
occur, to the Commission; and (b) the information is submitted in the form described in sections 2 or 3 of this
Policy.’’ Other programs also take a wider view of the
whistleblower, including the AMF Whistleblower Program, which explicitly recognizes that the whistleblower
can be an insider or an outsider by acknowledging that ‘‘a
whistleblower has strategic access to privileged information. He or she may be a current or former employee, a
director, a co-worker of the person committing the
wrongdoing, a service provider or a friend or family
member.’’ This particular piece of legislation extends the
notion of ‘‘complainant’’ beyond that proposed by Near and
Miceli (1985)4 and Jubb (2000), but in the same vein as
Jubb (1999), considers the financial authorities to be the
preferred disclosure channel (SEC, OSC, or AMF).
Based on new legislation (Dodd–Frank Act, OSC
Whistleblower Program, AMF Whistleblower Program) as
well as the whistleblower concept implicitly suggested by
Dyck et al. (2010) and explicitly advocated by Culiberg
4
The importance of outsider whistleblowers has been recently
highlighted by Miceli et al. (2014). However, these authors insist that
whistleblowers are only insiders, and therefore outsiders are only
‘bell-ringers.’
123
and Mihelic (2016), we also adopt a wider view of
whistleblowing which considers the disclosure made by
insiders or outsiders (the whistleblowers) through internal
or external channels. We do not expect that the disclosure
of information is necessarily motivated by dissent or entails
loyalty conflicts. The whistleblower, who could be an
employee, an external auditor, a competitor, or a customer,
chooses between two whistleblowing channels, internal or
external. The first channel, consisting of internal parties
such as the audit committee or the immediate supervisor, is
primarily used by employees, managers, or other insiders.
Outsiders are not restricted to this channel. The second
channel is an external party such as a financial market
authority, a professional association, or the media. This
channel is used by insiders or outsiders.
Prior literature suggests that the whistleblower chooses
internal or external channels as a result of a multitude of
factors (e.g., characteristics of the wrongdoing, organizational traits). For instance, the whistleblower may first
decide to report the wrongdoing internally, and if dissatisfied by the organization’s response, he or she may then
decide to report it externally (Dhamija 2014). Moreover,
the whistleblower may also consider the consequences of
the whistleblowing act at the time he or she selects the
whistleblowing channel (Park and Blenkinsopp 2009).
In Sect. 3, we present the theoretical background behind
the development of the whistleblowing triangle, which is
the conceptual framework guiding the examination of our
11 cases studies.
Categorization of Whistleblowers Using the Whistleblowing Triangle
Development of the Whistleblowing Triangle:
Theoretical Background
Whistleblowing Triangle Components
More than three decades of research have shown that
whistleblowing is a complex phenomenon. A considerable
number of studies have examined various antecedents of
whistleblowing (Miceli and Near 1992, 1994; Near and
Miceli 1985; Mesmer-Magnus and Viswesvaran 2005;
Cassematis and Wortley 2013; Culiberg and Mihelic 2016).
Based on prior literature and theories on whistleblowing
and whistleblower motivations, we propose another way of
looking at this complex behavior. Our conceptual model is
adapted from the fraud triangle, a model for explaining the
factors that cause an individual to commit fraud (Cressey
1953). The three factors are pressure/incentive, opportunity, and rationalization. The differences between the
meanings of the three components of the fraud and
whistleblowing triangles are summarized in Table 1:
The fraud triangle has been suggested and utilized by Li
(2012) and Lo et al. (2017) as a tool for investigating the
managerial use of complex disclosure. To the best of our
knowledge, it has not been used for examining whistleblowing, except by MacGregor and Stuebs (2014), and
recently by Brown et al. (2016). However, our study differs
from these articles in terms of focus. While MacGregor and
Stuebs (2014) use the fraud triangle for analyzing ‘‘how
opportunities and i ...
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