From Leaks to Justice: Challenges and Opportunities for the Judiciary in the Age of Disclosure
Creators: name: Grasso, Costantino
name: Ring, Diane
name: Vozza, Donato
Publisher: name: Zenodo
Year: 2024

description: The event “From Leaks to Justice: Challenges and Opportunities for the Judiciary in the Age of Disclosure” will serve as a comprehensive platform for exploring the impact of leaks such as Panama Papers, Paradise Papers, and LuxLeaks on the pursuit of justice. The scientific coordinators of this event – Prof. Diane Ring, Dr. Costantino Grasso, and Dr. Donato Vozza – have conceived the following research structure and line of inquiry that will be used to guide the discussion. Additional information and the video recordings of the event are available online at the following link: https://www.corporatecrime.co.uk/from-leaks-to-justice 

This scientific event, tailored for investigators, members of the judiciary, and other legal professionals, will be divided into two main sessions.The first session will introduce the phenomenon of leaks and aim to demonstrate how these disclosures are crucial in unveiling covert activities, not only related to the illicit financial flows associated with offenses like tax evasion, corruption, and money laundering, but also concerning ethically questionable practices such as tax avoidance and undisclosed conflicts of interest, particularly among public officials. A special focus will be placed on discussing how the leaks may shed light on the roles played by professionals such as lawyers, accountants, and financial advisors, in enabling or facilitating such malpractices. The discussion will illuminate the role of investigative journalism in bringing these issues to light as well as the processes involved in these disclosures, including how documents are explored, analyzed, stored, and made accessible. It will also highlight the relationship between legal practitioners and journalists. The second session will seek to provide legal practitioners, especially prosecutors and judges, with an understanding of some of the difficulties in translating the leaked pieces of information into legal actions.     Specifically, the discussion will focus on how prosecutors may utilize these revelations to further their investigative efforts, and how the disclosed information may be used as admissible evidence in legal proceedings. The discussion will also offer insights into the ways in which legal practitioners may engage with financial institutions or other relevant stakeholders post-leak. This session will also include discussions on the balance between transparency and confidentiality as well as the legal and ethical dilemmas that may arise when handling this sensitive information.One of the primary objectives of this event is to foster a constructive dialogue and create synergy between investigative journalists and legal practitioners. Often, the work carried out by journalists, who expose wrongdoings thanks to the documents and pieces of information disclosed by leakers and whistleblowers, operates in a parallel yet disconnected dimension from the actions undertaken by the judiciary. This discussion aims to bridge this gap, emphasizing the importance of collaboration between these two spheres. By exploring the methodologies journalists use to bring sensitive information into the public domain, and then discussing how investigators and other legal operators may translate this information into actionable legal proceedings, this initiative seeks to unlock a significant potential for enhancing the pursuit of justice. The synergistic approach not only aims to amplify the impact of disclosed information but also to ensure that such exposure leads to tangible legal outcomes, thereby upholding fundamental democratic values by promoting transparency and accountability in compliance with respect for human rights.The following line of inquiry includes a cohesive and interconnected set of research questions, serving both as starting elements of discussion and groundwork for subsequent research. By encouraging an open discussion of these questions and utilizing an interdisciplinary approach, this event aims to provide practical guidance on leveraging the potential of leaks to support efforts in investigating and prosecuting otherwise obscured financial malpractices. Specifically, the event seeks to raise awareness among legal practitioners and offer assistance in navigating the intricate terrain presented by leaks. This initiative ultimately seeks to improve their ability to uphold justice principles in the age of disclosure, where significant pieces of information that were once shrouded in mystery are now more vulnerable to exposure to the public.