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Posts tagged bribery
Bribery and Corruption: Navigating the Global Risks

By Brian Loughman and Richard Sibery

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.

Hoboken, NJ: Wiley, 2012. 417p.

The OECD Convention on Bribery: A Commentary

By Mark Pieth , Lucinda A. Low and Peter J. Cullen

The OECD Convention is the first major international treaty specifically to address 'supply-side bribery' by sanctioning the briber. The OECD Convention establishes an international standard for compliance with anti-corruption rules by 36 countries, including the 30 OECD members and six non-member countries, with the leading OECD exporting countries receiving particular attention. This book is an article-by-article commentary which gives particular attention to the results of the OECD monitoring process as applied to state implementation. Companies in particular are at ever greater risk of legal and 'reputational' damage resulting from failure to comply with the anti-corruption standards set inter alia, by the OECD Convention. This book provides them with comprehensive guidance on the OECD standards. The commentary also constitutes a significant work of comparative criminal law. It is written and edited by persons who include experts involved in development of the Convention standards as well as academics and legal practitioners.

Cambridge, UK: Cambridge University Press, 2007. 654p.

The Language of Bribery Cases

By Roger W. Shuy

In The Language of Bribery Cases, Roger W. Shuy analyzes the role that language plays in bribery cases. He describes twelve court cases for which he served as an expert witness or consultant and explains the issues at stake in each of these cases, for both lawyers and linguists. The cases described include the bribery or alleged bribery of United States senators, congressmen, judges, businessmen, and brothel owners. Shuy describes the often-unused linguistic analytical tools that are available to both the prosecution and defense as they argue these cases. He illustrates how grammatical referencing, speech acts, discourse structure, framing, conveyed meaning, and intentionality can be useful, describing how these tools affected the outcomes of the particular cases discussed in this book. The cases, fascinating in their own right, offer valuable insights not only to linguists, but also to lawyers who argue bribery cases, many of whom may not be aware of the linguistic tools available to them.

Oxford, UK: Oxford University Press, 2013. 288p.

OECD Foreign Bribery Report : An Analysis of the Crime of Bribery of Foreign Public Officials

By OECD

Bribes are being paid across sectors to officials from countries at all stages of economic development. Corporate leadership is involved, or at least aware, of the practice of foreign bribery in most cases, rebutting perceptions of bribery as the act of rogue employees. Intermediaries, both agents and corporate vehicles, are used in most corrupt transactions while the majority of bribes are paid to obtain public procurement contracts. Corruption, and the perception of corruption, erodes trust in governments, businesses and markets. In the aftermath of the greatest financial crisis of our time, we need to rebuild that trust more than ever before. Corruption also undermines growth and development. On the one hand, businesses forego innovation and competitiveness for bribery. On the other hand, individuals within governments divert funds for their own personal use that should be used to promote the well-being of people. By ending impunity and holding corrupt people to account, we can begin to restore faith in institutions and industries. The OECD has an arsenal of legal instruments and recommendations for fighting corruption in its many forms, including through criminalising bribery in international business, promoting responsible business conduct, protecting whistleblowers and insisting on integrity and transparency in public procurement processes. This report endeavours to measure, and to describe, transnational corruption based on data from the 427 foreign bribery cases that have been concluded since the entry into force of the OECD Anti-Bribery Convention in 1999,

OECD, 2014. 51p.

Bribery and Extortion: Undermining Business, Governments, and Security

By Alexandra Addison Wrage

Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid. Examples from around the world help to illustrate the nature of the problem and efforts at combating it.Bribery plays a significant role in international criminal activity. Terrorists pay bribes. Money-launderers pay bribes. Those who traffic in people, narcotics, and illegal arms pay bribes. People pay immigration officers not to ask, customs officials not to inspect, and police officers not to investigate. At corporate headquarters in the United States, it can be easy to dismiss modest bribes in distant countries as an unfortunate cost of doing business. Bribes follow patterns that are not at all mysterious to the officials, salesmen, and citizens who seek them and pay them. Using a series of international cases, Wrage examines bribery, peeling back the mystique and ambiguity and exposing the very simple transactions that lie beneath. She shows how these seemingly everyday transactions can affect security, democratization, and human aid around the globe.Bribery and Extortion presents a clear picture of the world of bribery and the havoc it can wreak on whole populations. Wrage covers commercial bribery, administrative and service-based bribery, and extortion. She considers bribery and extortion at both high levels of government and lower levels on the street. Examples from around the world help to illustrate the nature of the problem and efforts at combating it. The book concludes with practical suggestions and an assessment of current efforts to stem the tide of bribery and restore transparency to everyday transactions in all realms.

Westport, CT: Praeger Security International, 2007. 177p.

The Laundering Machine: How Fraud and Corruption in Peru's Concession System are Destroying the Future of its Forests

By The Environmental Investigation Agency (EIA)

In this report, EIA documents for the first time the systematic export and import of illegal wood from Peru to the United States. In many ways, this report not a new story: the system’s corruption is something of which everyone in the sector is aware. EIA’s contribution lies in having identified and patiently put together the pieces of the puzzle to reveal the mechanism that allows this trade to happen: what Peruvians call the “laundering machine”.

EIA’s investigative work focused on reconstructing the routes that timber takes from the Amazon to the warehouses of US importers, through use of official information obtained under Peru’s Transparency and Access to Public Information Law. The links in this chain are willfully obscured to perpetuate confusion about the origins of almost all timber traded in Peru. EIA was able to reconstruct the chain of custody for trade in cedar (Cedrela odorata) and bigleaf mahogany (Swietenia macrophylla) only because both species are protected under the Convention on International Trade in Endangered Species of Flora and Fauna (CITES) and thus require specific export permit documents. The same illegal modus operandi is being applied for other species, but the even more limited information available regarding non-CITES species trade makes it virtually impossible to connect the concession of origin with the shipments being exported.

Washington, DC; London:: EIA, 2012. 72p.