Download or read book Busting Bribery written by David Kennedy and published by . This book was released on 2011 with total page 76 pages. Available in PDF, EPUB and Kindle. Book excerpt: This report examines the current efforts in Washington, D.C., to amend the Foreign Corrupt Practices Act (FCPA), a law that forbids U.S.-based companies from bribing foreign officials. This report argues that these proposed amendments would create loopholes and exceptions so as to drastically alter the effectiveness of the FCPA in combating bribery. Additionally, the report finds that these amendments would halt, and potentially reverse, the worldwide trend toward adoption and enforcement of anti-bribery measures, thus compromising the global fight against corruption.
Download or read book Between Impunity and Imperialism written by Kevin E. Davis and published by Oxford University Press. This book was released on 2019-07-31 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: When people pay bribes to foreign public officials, how should the law respond? This question has been debated ever since the enactment of the U.S. Foreign Corrupt Practices Act of 1977, and some of the key arguments can be traced back to Cicero in the last years of the Roman Republic and Edmund Burke in late eighteenth-century England. In recent years, the U.S. and other members of the OECD have joined forces to make anti-bribery law one of the most prominent sources of liability for firms and individuals who operate across borders. The modern regime is premised on the idea that transnational bribery is a serious problem which invariably merits a vigorous legal response. The shape of that response can be summed up in the phrase "every little bit helps," which in practice means that: prohibitions on bribery should capture a broad range of conduct; enforcement should target as broad a range of actors as possible; sanctions should be as stiff as possible; and as many agencies as possible should be involved in the enforcement process. An important challenge to the OECD paradigm, labelled here the "anti-imperialist critique," accepts that transnational bribery is a serious problem but questions the conventional responses. This book uses a series of high-profile cases to illustrate key elements of transnational bribery law in action, and analyzes the law through the lenses of both the OECD paradigm and the anti-imperialist critique. It ultimately defends a distinctively inclusive and experimentalist approach to transnational bribery law.
Download or read book Bribery and Corruption written by Brian P. Loughman and published by John Wiley & Sons. This book was released on 2011-12-06 with total page 432 pages. Available in PDF, EPUB and Kindle. Book excerpt: As businesses continue to expand globally into new and emerging markets, bribery and corruption risks have increased exponentially. Bribery and Corruption offers a comprehensive look at this growing problem, and at the Foreign Corrupt Practices Act (FCPA) and other international anti-bribery and corruption conventions. Presenting hypothetical examples of situations companies will face, along with practical solutions, the book offers detailed global guidance on a region and country-specific basis. The FCPA prohibits US companies and their subsidiaries from bribing foreign officials, either directly or indirectly through intermediaries, for the purpose of obtaining or retaining business. It also requires companies to keep accurate records of all business transactions and maintain an effective system of internal accounting controls. Internationally, the Organization of Economic Cooperation and Development's (OECD's) anti-bribery convention has been adopted by 38 countries and creates legally binding standards related to bribery of foreign public officials. Written by renowned accounting fraud experts Richard A. Sibery and Brian P. Loughman, and providing an introduction and overview of the Foreign Corrupt Practices Act (FCPA) and international bribery laws, Bribery and Corruption considers: How to conduct FCPA risk assessments and investigations How to consider FCPA specific financial controls How to implement an FCPA compliance program and how to measure FCPA compliance The risk of bribery and corruption continues to be an area of concern for companies around the world, but armed with Bribery and Corruption, it is easier than ever to understand the challenges that exist and how to deal with them.
Download or read book From Baksheesh to Bribery written by T. Markus Funk and published by Oxford University Press. This book was released on 2019-04-05 with total page 304 pages. Available in PDF, EPUB and Kindle. Book excerpt: Worldwide, governmental anti-corruption efforts have been ramping up like never before. From the U.S. Foreign Corrupt Practices Act ("FCPA") to the U.K. Bribery Act and recent Chinese, French, Indonesian, Brazilian, and German anti-bribery legislations, the compliance world has witnessed the fight against corruption rocketing to the top of most law reform and enforcement agendas. As the fight against corruption goes global, practitioners of the compliance, regulatory, and investigative space must understandand--and more importantly navigate--these increasingly complicated and often perilous compliance waters. With that heavy reality in mind, this first-of-its-kind book draws on the real-world experience and expertise possessed by some of the world's leading anti-corruption and anti-bribery practitioners to make meeting that challenge easier. Featuring country-specific chapters and practitioner-focused "how to" modules, From Baksheesh to Bribery serves as a one-stop shop for practitioners, in-house counsel, compliance personnel, academics, and others who want--and often need--to understand the world's perspective on corruption and the fight against it.
Download or read book Transnational Corruption and Corporations written by Simeon Obidairo and published by Routledge. This book was released on 2016-02-11 with total page 294 pages. Available in PDF, EPUB and Kindle. Book excerpt: What are the challenges to the prevention of transnational bribery by multinational corporations in international business transactions? This book examines two particular constraints operating on the regulation of transnational corruption in general and bribery in particular. Firstly, it explores the limits of international cooperation in the regulation of transnational corruption and highlights the disparities between the capacities of individual states to pursue adequate regulation. It also considers the role and progress of international bodies such as the OEDC and the response of selected domestic legal systems in tackling the problem. Secondly, the book examines the liability regime for corporations and again, highlights an unexpected shortcoming of multilateral policy in the administration and enforcement of international agreements. The book will be of value both to students and researchers with an interest in the regulation of transnational corruption as well as policy-makers and practitioners working in this area.
Download or read book No Longer Business as Usual Fighting Bribery and Corruption written by OECD and published by OECD Publishing. This book was released on 2000-09-26 with total page 263 pages. Available in PDF, EPUB and Kindle. Book excerpt: This collection of papers provides the key elements needed to build and preserve corruption-free institutions, systems, and private enterprises.
Download or read book The Paradox of the Good Bribe written by David J O'Regan and published by Universal-Publishers. This book was released on 2020-07-01 with total page 170 pages. Available in PDF, EPUB and Kindle. Book excerpt: What do Plato and the Bible tell us about bribery? Does it even matter? When it comes to ethical guidance on bribery should we look less to traditional wisdom and instead be seeking understanding and guidance primarily from modern sources? From economists with their talk of efficient markets, and from the critical theorists who focus on inequities in power relations? This book explores such questions in depth. Taking the form of a Platonic dialogue, the book contains a discussion of claims made for recognition of the positive aspects of bribery. This goes beyond the well-known "harmless" bribe - the facilitating or “grease” payment which encourages an official to speed up the performance of his or her existing duties, without additional favors. This type of baksheesh may be unattractive but it may be ethically acceptable on occasion, on the grounds of expediency. The discussion also covers the more controversial claim that some bribes are undeniably virtuous, owing to their positive consequences. An example of virtuous bribery is that made by Oskar Schindler to save lives in the Second World War. The book’s unique discussion format provides space for the comparison and differentiation of a plurality of ethical perspectives, and it reveals some surprising common ground between ostensibly irreconcilable ethical viewpoints. If a convincing case could be made for the acceptability of certain categories of bribery, the implications for public and institutional anti-bribery policies would be significant. In particular, the rationale for “zero tolerance” approaches might be threatened. Perhaps the ultimate public policy question raised in the text is how we might accommodate a fringe of virtuous and harmless bribery alongside a strict vigilance over the damaging effects of most bribes. By exploring this topic, this book will be of interest to public policy makers, anti-corruption professionals, and the general reader interested in counter-corruption practices.
Download or read book Regulating Corporate Bribery in International Business written by Nicholas Lord and published by Routledge. This book was released on 2016-04-08 with total page 215 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is about the regulation of corporations that use bribery in international commerce to win or maintain overseas business contracts and interests. Recent large-scale cases involving multinational corporations demonstrate how large commercial ’non-criminal’ enterprises are being implicated in substantive overseas bribery scandals and illustrate the difficulties faced by responsible enforcement authorities in the UK and Germany. The book imports concepts from regulation theory to aid our understanding of the emerging enforcement, self-regulatory and hybrid responses to transnational corporate bribery. Lord implements a qualitative, comparative research strategy involving semi-structured interviews, participant observation and document analysis to provide empirical insights into this relatively invisible area of criminological interest. Despite significant cultural differences between the jurisdictions, this book argues that UK and German anti-corruption authorities face procedural, evidential, legal, financial and structural difficulties that are leading to convergence in prosecution policies. Although self-regulatory and hybrid mechanisms are aiding the response and gaining some level of regulation, the default position is one of accommodation by state agencies, even where the will to enforce the law is high. This book is essential reading for academics and students researching corporate and white-collar crimes and the concept of regulation more generally, as well as law enforcement agencies and international and intergovernmental organisations concerned with anti-corruption.
Download or read book Frequently Asked Questions in Anti Bribery and Corruption written by David Lawler and published by John Wiley & Sons. This book was released on 2012-05-14 with total page 599 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practical guide to addressing the challenges managers face in implementing and enforcing new anti-bribery regulations The Bribery Act became the law of the land in July 2011. It abolished all existing U.K. anti-bribery laws and replaced them with a suite of new regulations decidedly different and more strenuous than what has come before. Under it companies found noncompliant will be open to billions in penalties and remediation costs, and managers will be open to prosecution if anyone associated with their company commits an offence covered by the act. As employees in nearly all departments will share responsibility for ensuring that adequate procedures are in place and enforced, there is a screaming need for practical, jargon-free guidance on the subject. This book fills that need. It arms managers and advisors with the knowledge and tools they need to implement, communicate and test controls and procedures that not only comply with but exceed the new anti-bribery requirements. It also offers priceless pointers on how to effectively react to bribery allegations if and when they occur. Packed with takeaway tips and checklists that put crucial information at readers' fingertips Written by a chartered accountant and compliance expert, the book offers practical steps managers should take to guarantee company compliance Describes best practices in anti-bribery and corruption compliance in all key business areas, including accounting, sales and marketing, management, legal, and internal auditing
Download or read book Thinking about Bribery written by Philip M. Nichols and published by Cambridge University Press. This book was released on 2017-09-07 with total page 289 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book explores the offer and acceptance of bribes, as well as the control of bribery, through sciences of the mind.
Download or read book Extraterritoriality and International Bribery written by Branislav Hock and published by Routledge. This book was released on 2019-09-11 with total page 272 pages. Available in PDF, EPUB and Kindle. Book excerpt: The book presents a collective action perspective to explain how extraterritoriality functions and assess when, and to what extent, extraterritoriality is effective. A collective action perspective provides a new account of foreign anti-bribery laws and their extraterritorial enforcement that draws on theories discussed in the field of economic governance. Within this framework, the book offers an intensive analysis of US foreign anti-bribery law such as the Foreign Corrupt Practices Act (FCPA), international law as it emanates from the OECD Anti-Bribery Convention, and comparative insights into UK law and German law. To test the theory in practice, the book provides a unique data set of more than 40 foreign anti-bribery enforcement actions conducted by the US Department of Justice (DOJ) and the Securities and Exchange Commission (SEC), and other examples from comparative jurisdictions. Extraterritoriality and International Bribery is ideal reading for academics and students with an interest in global governance, economic crime, criminology, and law and economics, as well as practitioners concerned with foreign anti-bribery enforcement, including compliance officers, lawyers, investigating and prosecuting authorities, and business leaders. The book also discusses governance alternatives existing outside international anti-bribery law and offers policy and legal reforms proposals. The book suggests a decentralized enforcement model with the delegation of some enforcement tasks to an external body as the most appropriate governance alternative.
Download or read book Bribery and Corruption Casebook written by Joseph T. Wells and published by John Wiley & Sons. This book was released on 2012-05-01 with total page 400 pages. Available in PDF, EPUB and Kindle. Book excerpt: Real case studies on bribery and corruption written by expert fraud examiners Bribery and Corruption Casebook: The View from Under the Table is a one-of-a-kind collection of actual cases written by the fraud examiners who investigated them. These stories were hand-selected from hundreds of submissions and together form a comprehensive, enlightening and entertaining picture of the many types of bribery and corruption cases in varied industries throughout the world. Each case outlines how the bribe or corruption was engineered, how it was investigated, and how perpetrators were brought to justice Written for fraud investigators, auditors, compliance officers, and corporate lawyers Reflects the recent crackdown on bribery and prosecution of cases under the Foreign Corrupt Practices Act (FCPA) Also by Dr. Joseph T. Wells: Fraud Casebook, Principles of Fraud Examination, and Computer Fraud Casebook This book reveals the dangers of bribery and corruption and the measures that can be taken to prevent it from happening in the first place.
Download or read book Anti bribery Laws in Common Law Jurisdictions written by Stuart H. Deming and published by Oxford University Press, USA. This book was released on 2014 with total page 498 pages. Available in PDF, EPUB and Kindle. Book excerpt: Deming provides a comprehensive analysis of the foreign bribery laws, and related laws and regulations, in all of the major common law jurisdictions. For each jurisdiction, careful attention is given to laws that may expose an individual or entity to private or commercial bribery in foreign settings as well as to the application of laws relating to money laundering and accounting and record-keeping practices to situations involving foreign bribery. Throughout, special attention is given to explaining the criteria used in each jurisdiction to establish liability on the part of an entity or organisation.
Download or read book Bribery and Corruption written by Michael J. Comer and published by Routledge. This book was released on 2016-04-15 with total page 942 pages. Available in PDF, EPUB and Kindle. Book excerpt: Politicians and regulators do not run businesses. Bribery and Corruption is for managers who do. It will help you transform uncertainties and problems created via legislation and regulations (such as The UK Bribery Act, The Proceeds of Crime Act, The Foreign Corrupt Practices Act, Sarbanes-Oxley) into opportunities to: ¢ Maintain entrepreneurial, profitable, and enjoyable working environments while easily surpassing compliance standards ¢ Control incoming, internal, outgoing, competitive corruption and fraud ¢ Take decisions in grey areas, confidently Bribery and Corruption frames control and compliance in an entirely different way: not as a brake on your company’s forward motion but as essential protective equipment enabling you to go faster and further in safety. Written by the world’s leading practitioners in the fields of fraud prevention, detection and investigation with massive practical experience in both commercial and governmental sectors, Bribery and Corruption exposes the misconceptions, myths and corruption of the word bribery and suggests effective solutions that go well beyond simple compliance. It commits to assertive managerial rather than timorous legal solutions to anti-bribery and other laws. It explains how processes can be tested - using automated fraud detection software - to expose current cases of fraud and corruption or to provide assurance that controls are functioning optimally. It tackles the usually ignored problems of stratospheric, political, academic and media corruption, which often motivate commercial bribery. It exposes the dangers of employee to employee corruption; skulduggery by blue collar workers and lots more. Over the last 25 years, Mike Comer, occasionally writing with Tim Stephens, has been responsible for some of the most readable and influential books on fraud. Bribery and Corruption is another tour de force, complete, authoritative and yet a great pleasure to read.
Download or read book Foreign Corrupt Practices Act Compliance Guidebook written by Martin T. Biegelman and published by John Wiley & Sons. This book was released on 2010-04-26 with total page 384 pages. Available in PDF, EPUB and Kindle. Book excerpt: Foreign Corrupt Practices Act Compliance Guidebook shows readers how the Foreign Corrupt Practices Act (FCPA) has grown to critical importance to any U.S. company that does business in a global environment, as well as foreign companies that supply or have agency agreements with U.S. companies. It provides an overview of the business risks and guidance on spotting potential red flags regarding FCPA violation. Business professionals are provided with practical guidance on managing FCPA requirements as part of an overall compliance program.
Download or read book Bribery Fraud Cheating written by Markus Pohlmann and published by Springer Nature. This book was released on 2020-01-03 with total page 355 pages. Available in PDF, EPUB and Kindle. Book excerpt: In the fight against organizational malpractice and organized crime, both international guidelines and national regulations have become stricter. Nevertheless, the results seem not to reach the expected change. Corruption scandals involving large companies, political parties, sports organizations, hospitals, etc. have not come to an end. In order to explain the collective illegality within and through organizations of different sectors and embedded in different cultures, this conference proceedings gathers articles about corporate and organized crime by international renowned scientists and experts. The focus is on similarities and differences in current corruption cases and other forms of crime as well as questions about conventional and alternative prevention measures.
Download or read book Folded Lies written by William Michael Reisman and published by . This book was released on 1979 with total page 296 pages. Available in PDF, EPUB and Kindle. Book excerpt:
