Showing posts with label bribery. Show all posts
Showing posts with label bribery. Show all posts

Monday 1 November 2021

Understanding and Responding to Bribery & Corruption Red Flags

Corruption is a form of dishonesty or a criminal offense, undertaken by a person, or an organization entrusted with a position of authority, in order to acquire illegal benefits or abuse power for one's private gain. Corruption may involve many activities, which include bribery and embezzlement, and it may also involve practices which are still legal in many countries.

Political corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain.

Corruption and crime are widespread sociological occurrences that appear with regularly in virtually all countries on a global scale in varying degrees and proportions.

The term “red-flag” means a warning, a clue that there may be a problem, a sign of danger. When it comes to bribery and corruption there are a number of signals that are given off in arrangements for various activities that act as warning or red flag that something may be amiss.

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Thursday 14 October 2021

Podcast “American Kleptocracy”

Casey Michel with the Hudson Institute's Kleptocracy Initiative joins the podcast for a very lively discussion about his new book, American Kleptocracy: How the U.S. Created the World’s Greatest Money Laundering Scheme in History. Casey discusses America’s role in the problem of global kleptocracy and shares some optimism about the path ahead.

To listen click HERE


Tuesday 17 August 2021

"Thieves of State": Sarah Chayes on Afghanistan

Afghanistan is in the new once again. With the lightning collapse of the Afghanistan Government and the return of the Taliban we offer you a replay of this podcast, originally published in June 2017 on Bribe, Swindle or Steal.

Sarah Chayes, author of Thieves of State, draws on her time in Afghanistan to explain the systemic corruption that contributed to the rapid crumbling of the state. 

Click HERE to access this Podcast.

Bribe, Swindle or Steal explores the world of financial crime—corruption, fraud, money laundering and sanctions—and what motivates people to break the law, how wrongdoers cover their tracks and what can be done to put a stop to the looting through interviews with experts in the field.

Tuesday 21 July 2020

FCPA Resource Guide, 2nd Edition


From J D Supra, a look at the recently published 2nd edition of the FCPA Resource Guide




Monday 25 January 2016

What is Corruption?


By Stanley Epstein

Corruption can be defined quiet simply. It is the abuse of entrusted power for private gain.

Corruption hurts everyone. But even more so it hurts those who lives and livelihood depends on the integrity of people in a position of authority.

Corruption includes many activities like bribery and embezzlement. Corruption occurs at all levels and layers; at a personal, business and government level.

Two particular streams have come under the spotlight in recent years - government, or 'political' corruption, which occurs when an official or other governmental employee acts in an official capacity for personal gain and at a corporate level where activities are undertaken that are aimed at improperly influencing government officials to obtain business.

The problem is widespread. The practice of corporations undertaking activities that are aimed at improperly influencing government officials to secure business has existed for centuries. Though clearly wrong, both morally and ethically, this practice has until recently been silently condoned.

In recent decades there has been a growing disquiet at the activities of many multinational corporations who turn to bribery aimed at influencing foreign government officials to obtain new business, contracts and concessions for themselves. What multinational corporations would never do on their home turf was seen as fair game when it comes to doing business with other countries, especially in the developing world.

These practices, while frowned upon, have only recently become illegal in many jurisdictions. Today over 38 countries are committed by treaty to implement anti-corruption legislation.

There are three recognized ‘Scales’ of corruption – Petty, Grand and Systemic.

Petty corruption – this takes the form of small favors that occur between a number of individuals. Petty corruption occurs at the ‘working’ end of government services. Examples of this type of corruption include the offering and acceptance of small gifts or the use of personal connections to obtain ‘favours’ or a speedy conclusion of routine government procedures. The culprits are usually junior and middle level officials, who generally are considerably underpaid.

Grand corruption – this takes the form of large scale corruption that affects the government on a considerable scale. This type of corruption occurs at the highest levels of government involving senior officials and even government ministers and usually involves significant subversion of the foreign countries political, legal and economic systems.

Systemic corruption - widespread corruption that forms a part of the day-to-day fabric of society often due to the weaknesses of an organization or a process.

There are a number of methods of corruption. We will briefly examine the three most prevalent. These methods are often used concurrently.

Bribery – inappropriate use of gifts and favours in exchange for personal gain. Favours given may include money, gifts, and entertainment or employment benefits.

Embezzlement, theft and fraud – someone who has access to money or other assets illegally taking them for his own use.

Extortion and blackmail - the threat to use violence, false imprisonment, exposure of an individual's secrets or prior crimes if the individual does not do something or act in a certain way. Usually money is demanded in exchange for continued secrecy.

Each of these three categories is in effect a crime and is prohibited and punishable by law in most jurisdictions. There are also a whole range of corrupt practices which may not be illegal, yet their use is questionable. This includes practices such as the misuse of one's powers and decision-making abilities to unfairly favour one party over another or favoritism and nepotism like hiring a family member to a role they are not qualified for or promoting a staff member who belongs to the same political party as you, irrespective of merit.

Sunday 13 September 2015

KPMG survey: Compliance programs aren't reaching third-party risks


From The FCPA Blog –
“KPMG International recently released the results of its global anti-bribery and corruption survey in the report, Anti-Bribery and Corruption: Rising to the challenge in the age of globalization.

The report (available here in pdf) amplifies the growing bribery and corruption risks that third parties present and the challenges companies face in monitoring these intermediaries. It also examines companies’ lack of monitoring efforts in their own anti-bribery and corruption (ABC) compliance programs. And, it explores the compliance pressures organizations face as a growing number of governments have passed ABC regulations.”

Read more>>

Wednesday 12 August 2015

On the Death of Cecil the Lion and the FCPA


From Compliance Week –

“Cecil the Lion was shot and killed in July. What does the death of this well-known and well-beloved lion in Zimbabwe have to do with the Foreign Corrupt Practices Act? More importantly, what are the lessons to be learned by any chief compliance officer or compliance professional from this event? Much more than you would first think, actually.

A U.S. citizen, Dr. Walter Palmer, a dentist who is a big game hunter aficionado, killed Cecil. As a U.S. citizen, he is subject to the FCPA anywhere outside the United States. Palmer employed third parties to assist him in obtaining a benefit, which in Palmer’s case was his hunt that ended in the death of Cecil the Lion. These third parties obtained various governmental permits from the Zimbabwean government to allow him to hunt in that country. These same third parties acted as hunting guides to Palmer and are alleged to have lured Cecil the Lion illegally off a protected game reserve through criminal conduct in violation of Zimbabwean law.

All of this conduct could be violations of the FCPA, and Palmer could face five years in jail for each FCPA violation.”

Read more>>

 
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