Flemish bar associations open whistleblower channel for reports on lawyers breaking money laundering rules
Anyone who knows or suspects that a lawyer is violating money laundering rules can now easily and safely report it to that lawyer's chief of staff. Each Flemish President of the Bar has set up an external reporting channel. These reporting channels are there for a reason: they stem from the Money Laundering Prevention Act of 2017 and the Whistleblowers Act of 2022.
What exactly does that entail?
Anyone with information in a professional context or outside it about possible breaches of money laundering rules by a lawyer can now report it through an external reporting channel of the Bar. Under strict conditions, public reporting via the (social) media is also possible. These reports are investigated by the competent President of the Bar. The chief of staff then decides whether further action is needed.
If the report is of a different kind (e.g. about a non-lawyer or about other regulations), it will be forwarded to the federal ombudsman.
What does the Whistleblowers Act entail?
The European Whistleblowing Directive(Directive 2019/1937) guarantees strong protection for individuals who report breaches of specific EU legislation. Belgium has transposed that directive into two laws: one for the private sector (including the legal profession), dated 28 November 2022, and one for the public sector, dated 8 December 2022.
Protection for whistleblowers
The reporting procedure is based on the Money Laundering Prevention Act 2017 and Whistleblowing Act 2022.
Those who report "in good faith" are granted whistleblower status. As a reporter, you are "in good faith" if you meet two conditions:
- At the time of your report, you had good reason to believe that your report was correct and the 2022 Whistleblower Act applied
- and you complied with the reporting procedure.
Whistleblower status gives you protection against retaliation - even for those close to the reporter. The federal ombudsman and the courts help watch over that protection. In some cases, reporters can also count on financial or legal support through the Federal Institute for Human Rights, among others.
Important to know
- Intentionally false reports are punishable. Anyone deliberately spreading false information is liable to punishment and will have to pay compensation for any damages.
- The chief of staff will treat the report confidentially and assess whether further action is required.
- Reports can be made anonymously , as long as they contain sufficient information to be investigated.
Where do you find the info?
All info on the reporting channels can be found from now on this page and on the websites of the Flemish Bars. You will find:
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An FAQ with a link to the desks' reporting applications
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A circular from the staff member explaining how and when to report something
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The cooperation protocol between the President of the Bar and the Federal Ombudsman
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A privacy statement on how your report is processed
The staffers worked with consultancy firm Grant Thornton for the reporting application. The FAQ and the circular were drawn up in cooperation with the Order of Flemish Bars and apply to all Flemish Bars.
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