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I'm in the awkward position where I have been giving a data set from a company strongly indicating that consumer fraud occurs in a certain business sector (insurance). The data permits me to identify the corporations conducting the fraud.

I come from a completely different scientific background than consumer law. Therefore, my questions regarding this matter:

  • Is an academic peer-reviewed journal even a suitable channel for this kind uncovering?
  • If published in an academic journal, will I be able to name the companies conducting the fraud?
  • What journals might be suitable for this?
  • Do any similar cases come to mind which I could study?

Thanks

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    If you are in the US you should (and really must) speak with your local IRB before going any further.
    – Elin
    Commented Apr 19, 2019 at 12:25
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    Your university (assuming you work at one) surely has a legal office. I would suggest to pay them a visit. Commented Apr 19, 2019 at 12:42
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    Isn't engaging in fraud practically part of being an insurance company? Commented Apr 19, 2019 at 17:32
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    I'm voting to close this question as off-topic because it's a legal question rather than an academic one, and A) a lawyer reading your question won't answer it because they won't want the answer to be construed as legal advice and B) a non-lawyer is likely to give you bad legal advice.
    – Bryan Krause
    Commented Apr 19, 2019 at 19:20
  • I think you could potentially keep this question on-topic if you rephrase it to be able how to address these issues as an academic, in which case you would get answers like the ones in the comments (i.e., directing you to legal resources that likely exist at your institution that could help you with this). Any other type of answer you get here I'd strongly suggest you ignore.
    – Bryan Krause
    Commented Apr 19, 2019 at 19:22

1 Answer 1

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There are two aspects to this, one in your domain and the other outside it.

If you have a data set, assuming it is valid and accurate, you can analyze it an publish your findings. That is just science. Like any other study, your methodology is important and your conclusions must follow from the data.

But alleging fraud is a legal matter that should only be left to lawyers, courts, etc. It is not your proper role, even though your findings may be interpreted to imply fraud.

If you name companies at all, stick to facts, not allegations. Don't use legal terms, especially legally loaded terms that might lead to a charge of slander, whether justified or not. The company lawyers are better than any you could afford.

Facts, however, are facts, and can be reported and analyzed. Do that, but leave the legal implications to those better placed to follow up on them.


Let me try to be more clear. First, analyzing data seems to me to have no legal issues.

However, I warn the OP not to make statements that can be interpreted as allegations of misbehavior on the part of others. They may have an "action at law" against you if you do that and it will be expensive to defend your actions even if you are correct.

Let others form the conclusions from your research rather than making or implying accusations.

If legal authorities have some evidence of fraud they can act on it. That can bring the courts to bear, but the regulatory authorities have to act first. That would, perhaps, be a criminal matter and it would be out of your hands altogether. (Note that some improper actions handled by authorities are also civil, resulting in fines, rather than criminal. But still it is up to them to make the allegations and follow it up.)

If you make allegations and are sued, on the other hand, it is a civil matter and the courts are only involved in the adjudication of the dispute between the parties. But being sued is not without cost, even if, again, you are correct. If you allege publicly that a large company has committed fraud you may well be sued and the company probably has a highly qualified legal team that will do what it can to shut you up. If you are Jeff Bezos you can fight such claims since you can afford the best lawyers yourself. Otherwise it is a financial life wrecker.

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    Careful!! Truth is (at least in principle) an absolute defense against libel claims in the United States, but the same is not true in all countries. Speak to a lawyer first.
    – JeffE
    Commented Apr 19, 2019 at 13:22
  • @JeffE, but it doesn't stop you from being sued and you have to defend, requiring your own lawyer. The civil law is often used for intimidation rather than justice. So, "in principle but not necessarily in practice".
    – Buffy
    Commented Apr 19, 2019 at 13:27
  • You're right, of course. But the conclusion is the same: "Merely" reporting and analyzing facts can still lead to serious legal difficulty. So even in the US, your advice "Do that" is a bit careless.
    – JeffE
    Commented Apr 19, 2019 at 13:32
  • @JeffE, that depends of course on what you say.
    – Buffy
    Commented Apr 19, 2019 at 14:19
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    "A person is considered innocent until proven broke"... Does truth & justice or the most expensive lawyer prevail?
    – Solar Mike
    Commented Apr 19, 2019 at 15:01

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