Is breach of criminal law justified in whistleblowing? What if the whistleblower’s revelations lead to other criminal activity? While these questions may appear to relate to Edward Snowden, they are equally applicable to a Monocan named Hervé Falciani. His story was told in an article in the New Yorker magazine entitled, “The Bank Robber” reported by Patrick Radden Keefe. Falciani was the person who worked at the bank HSBC and stole the list of persons who banked there, including those who did so to engage in tax evasion.

Thomas Fox has practiced law for over 40 years. Tom writes the daily award-winning blog, the FCPA Compliance and Ethics blog and founded the Compliance Podcast Network. Tom leads the discussion on AI in...