GF16 - Breach of Trust
GF16 - Breach of Trust
The offense of Breach of Trust occurs when a trustee exercises control over information gained during employment with a government agency in a manner that exceeds their authorized role.
It shall be unlawful for any trustee to disclose, transfer, or utilize entrusted information for personal gain or any purpose other than that for which it was entrusted.
Trustees shall not convert their limited control over entrusted information into full ownership while the information remains under their stewardship.
Definitions:
Trustee: Any individual or entity entrusted with confidential information.
Trustor: The entity or person conferring confidential information to a trustee.
Government Agency: Shall be defined by the executive branch, with a changing list of organizations that evolves with time.
Exercising Control Over Information: Actions by a trustee that involve making decisions about the use, distribution, or modification of the confidential information that go beyond the scope of their authorized role. This includes, but is not limited to, unauthorized copying, altering, or retaining the information for purposes not sanctioned by the trustor.
Utilize Entrusted Information: The act of using confidential information for any purpose other than that for which it was entrusted. This includes, but is not limited to, using the information for personal gain, sharing it with unauthorized parties, or leveraging it for competitive advantage.
Whistleblower Protections
Individuals who disclose sensitive information in good faith with the intent to uncover corruption or malfeasance by public officials shall not be immediately prosecuted or imprisoned.
Such individuals shall be subject to an on-the-record charge and trial to determine whether the disclosure was made in good faith and aligned with the intent to expose wrongdoing.
On-the-Record Charge: A formal accusation documented in public records, specifying the nature of the alleged offense and the circumstances of the disclosure.
Trial Process:
The accused whistleblower shall have the right to a fair and public hearing by an impartial tribunal.
Evidence shall be presented by both the prosecution and defense, with the opportunity for cross-examination.
The court shall consider the intent behind the disclosure, the relevance to uncovering corruption or malfeasance, and whether the disclosure was made in good faith.
The burden of proof lies with the prosecution to establish that the disclosure was not made in good faith and was not intended to expose wrongdoing.
If the court finds the disclosure was made in good faith and intended to uncover corruption or malfeasance, the individual shall not be convicted of breach of trust.
If the court determines that the individual was not trying to expose wrongdoing, they may be prosecuted for breach of trust.
Examples of disclosures that would not be considered exposing wrongdoing include, but are not limited to:
Disclosing confidential information for personal gain, such as selling information to a third party.
Sharing information with competitors or other unauthorized parties to gain a competitive advantage.
Leaking information out of spite or revenge against the trustor or another individual.
Disclosing information that is irrelevant to public interest or does not reveal any corruption or malfeasance.
Enforcement
Law enforcement agencies shall be empowered to investigate allegations of breach of trust. However they will not be empowered to apply this charge to individuals.
The burden of proof shall lie with the prosecution to establish the guilt of the accused beyond a reasonable doubt.
Felony
Sentence: HUT Fine: $3000
Driver License Suspension: No Weapon License Removal: No
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