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In our previous newsletters, we highlighted the two most common types of fraud and red flags to look out for as they could be an indication that fraud has been committed in the workplace. In this newsletter, we will emphasize the need to have an effective whistleblowing system, a very important tool that enables companies (or any organization) to identify internal fraud or misconduct.

Most companies have put in place a channel through which their employees can share their concerns about possible wrongdoing and fraud. People normally prefer to stay away from using such a channel as they usually do not want to expose themselves. The whistleblowing system thus becomes a good solution for both employees and supervisors since a hotline for this purpose is used anonymously.

Training employees about the whistleblowing system is important to help them understand that the information they report via the system will be processed on a strictly confidential basis, that there will be no adverse effect or repercussion against the employees and that a fair investigation will be done by professional third parties. Without a good and practical whistleblowing system, enforcement or disciplinary measures in the company’s code of conduct or compliance policy could mean nothing.

We will be very pleased to provide you with further information or advice on this subject matter.



Peerapan Tungsuwan is a corporate and M&A partner in Bangkok office with specialties in highly regulated industries, including the healthcare industry. She is currently Chair of the AEC Healthcare Harmonization Sub-committee of Baker McKenzie's Asia Pacific Healthcare Industry Group, of which she was head from 2007-2013. Within the Bangkok office, she heads the Healthcare Industry and Natural Resources Groups and co-leads the Mergers & Acquisitions practice group and Japan Advisory Group.


Yuthana Sivaraks joined Baker & McKenzie in 1995 and became a partner in 2004. Prior to working with the Firm, he served as a judge advocate in the Royal Thai Navy. He is currently a member of various practice groups in the Bangkok office, including those for IT/Communications, Intellectual Property and Corporate & Commercial. In addition to practicing law, Mr. Sivaraks is an active visiting lecturer on IT, telecommunications, intellectual property and trade competition law for a number of Thai universities and institutions.