Citizens' Views and Experiences of Corruption
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Eletrobras Settles Alleged FCPA Violations Revealed Through Brazil's "Operation Car Wash"
Eletrobras Settles Alleged FCPA Violations Revealed Through Brazil's "Operation Car Wash" January 16, 2019 Anti-Corruption/FCPA On December 26, 2018, the U.S. Securities and Exchange Commission ("SEC") settled an enforcement action against Centrais Eléctricas Brasileiras S.A. ("Eletrobras"), an electric utilities holding company majority-owned and controlled by the Brazilian government. This is the second time in 2018 in which the United States government charged a Brazilian state-owned entity with violating the books and records and internal accounting controls provisions of the Foreign Corrupt Practices Act ("FCPA"). As with the September 2018 settlement with Petróleo Brasileiro S.A. ("Petrobras"), the alleged corruption scheme at an Eletrobras subsidiary was uncovered as part of the larger Operation Car Wash ("Lava Jato") in Brazil. Petrobras's settlement, however, involved a coordinated resolution with the U.S. Department of Justice ("DOJ"), the SEC, and the Brazilian Federal Public Ministry ("MPF"). In particular, the Eletrobras enforcement action was based on allegations that spanned from 2009 to 2015, former officers at Eletrobras's majority-owned nuclear power generation subsidiary, Eletrobras Termonuclear ("Eletronuclear"), inflated the costs of infrastructure projects and authorized the hiring of unnecessary contractors. In return, the former officers allegedly received approximately $9 million from construction companies that benefitted from the corrupt scheme. The construction companies also used the overpayment to fund bribes to leaders of Brazil's two largest political parties. The SEC alleged that Eletrobras violated the FCPA by recording inflated contract prices and sham invoices in Eletrobras's books and records, and by failing to devise and maintain a sufficient system of internal accounting controls. -
The Investigation and Prosecution of Police Corruption
Journal of Criminal Law and Criminology Volume 65 | Issue 2 Article 1 1974 The nI vestigation and Prosecution of Police Corruption Herbert Beigel Follow this and additional works at: https://scholarlycommons.law.northwestern.edu/jclc Part of the Criminal Law Commons, Criminology Commons, and the Criminology and Criminal Justice Commons Recommended Citation Herbert Beigel, The nI vestigation and Prosecution of Police Corruption, 65 J. Crim. L. & Criminology 135 (1974) This Criminal Law is brought to you for free and open access by Northwestern University School of Law Scholarly Commons. It has been accepted for inclusion in Journal of Criminal Law and Criminology by an authorized editor of Northwestern University School of Law Scholarly Commons. Tox JouwAx op Canaz AL LAW & CRnmLoaGy Copyright C 1974 by Northwestern University School of Vol. 65, No. 2 Law Printed in U.S.A. CRIMINAL LAW THE INVESTIGATION AND PROSECUTION OF POLICE CORRUPTION HERBERT BEIGEL* INTRODUCTION vestigation and prosecution of police corruption. Within the last few years there has been a This analysis will identify the specific methods marked proliferation of federal investigations and employed by federal prosecutors to subject local 2 prosecutions of state and local officials for official police officials to federal prosecution, thereby misconduct and corruption. So active has the offering insight into the intricacies of the investi- federal government become in investigating the gation of one governmental body by another. In local political arena that state and city politicians addition, the federal investigation of state and and police officers are being investigated, indicted local corruption has raised new questions about and often convicted for a wide variety of violations the proper role of federal law enforcement. -
Here a Causal Relationship? Contemporary Economics, 9(1), 45–60
Bibliography on Corruption and Anticorruption Professor Matthew C. Stephenson Harvard Law School http://www.law.harvard.edu/faculty/mstephenson/ March 2021 Aaken, A., & Voigt, S. (2011). Do individual disclosure rules for parliamentarians improve government effectiveness? Economics of Governance, 12(4), 301–324. https://doi.org/10.1007/s10101-011-0100-8 Aaronson, S. A. (2011a). Does the WTO Help Member States Clean Up? Available at SSRN 1922190. http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1922190 Aaronson, S. A. (2011b). Limited partnership: Business, government, civil society, and the public in the Extractive Industries Transparency Initiative (EITI). Public Administration and Development, 31(1), 50–63. https://doi.org/10.1002/pad.588 Aaronson, S. A., & Abouharb, M. R. (2014). Corruption, Conflicts of Interest and the WTO. In J.-B. Auby, E. Breen, & T. Perroud (Eds.), Corruption and conflicts of interest: A comparative law approach (pp. 183–197). Edward Elgar PubLtd. http://nrs.harvard.edu/urn-3:hul.ebookbatch.GEN_batch:ELGAR01620140507 Abbas Drebee, H., & Azam Abdul-Razak, N. (2020). The Impact of Corruption on Agriculture Sector in Iraq: Econometrics Approach. IOP Conference Series. Earth and Environmental Science, 553(1), 12019-. https://doi.org/10.1088/1755-1315/553/1/012019 Abbink, K., Dasgupta, U., Gangadharan, L., & Jain, T. (2014). Letting the briber go free: An experiment on mitigating harassment bribes. JOURNAL OF PUBLIC ECONOMICS, 111(Journal Article), 17–28. https://doi.org/10.1016/j.jpubeco.2013.12.012 Abbink, Klaus. (2004). Staff rotation as an anti-corruption policy: An experimental study. European Journal of Political Economy, 20(4), 887–906. https://doi.org/10.1016/j.ejpoleco.2003.10.008 Abbink, Klaus. -
Combating Corruption in Latin America: Congressional Considerations
Combating Corruption in Latin America: Congressional Considerations May 21, 2019 Congressional Research Service https://crsreports.congress.gov R45733 SUMMARY R45733 Combating Corruption in Latin America May 21, 2019 Corruption of public officials in Latin America continues to be a prominent political concern. In the past few years, 11 presidents and former presidents in Latin America have been forced from June S. Beittel, office, jailed, or are under investigation for corruption. As in previous years, Transparency Coordinator International’s Corruption Perceptions Index covering 2018 found that the majority of Analyst in Latin American respondents in several Latin American nations believed that corruption was increasing. Several Affairs analysts have suggested that heightened awareness of corruption in Latin America may be due to several possible factors: the growing use of social media to reveal violations and mobilize Peter J. Meyer citizens, greater media and investor scrutiny, or, in some cases, judicial and legislative Specialist in Latin investigations. Moreover, as expectations for good government tend to rise with greater American Affairs affluence, the expanding middle class in Latin America has sought more integrity from its politicians. U.S. congressional interest in addressing corruption comes at a time of this heightened rejection of corruption in public office across several Latin American and Caribbean Clare Ribando Seelke countries. Specialist in Latin American Affairs Whether or not the perception that corruption is increasing is accurate, it is nevertheless fueling civil society efforts to combat corrupt behavior and demand greater accountability. Voter Maureen Taft-Morales discontent and outright indignation has focused on bribery and the economic consequences of Specialist in Latin official corruption, diminished public services, and the link of public corruption to organized American Affairs crime and criminal impunity. -
Corruption and Anti-Corruption Agencies: Assessing Peruvian Agencies' Effectiveness
University of Central Florida STARS Honors Undergraduate Theses UCF Theses and Dissertations 2020 Corruption and Anti-corruption Agencies: Assessing Peruvian Agencies' Effectiveness Kia R. Del Solar University of Central Florida Part of the Political Science Commons Find similar works at: https://stars.library.ucf.edu/honorstheses University of Central Florida Libraries http://library.ucf.edu This Open Access is brought to you for free and open access by the UCF Theses and Dissertations at STARS. It has been accepted for inclusion in Honors Undergraduate Theses by an authorized administrator of STARS. For more information, please contact [email protected]. Recommended Citation Del Solar, Kia R., "Corruption and Anti-corruption Agencies: Assessing Peruvian Agencies' Effectiveness" (2020). Honors Undergraduate Theses. 698. https://stars.library.ucf.edu/honorstheses/698 CORRUPTION AND ANTI-CORRUPTION AGENCIES: ASSESSING PERUVIAN AGENCIES’ EFFECTIVENESS by KIA DEL SOLAR PATIÑO A thesis submitted in partial fulfillment of the requirements for the Honors in the Majors Program in Political Science in the School of Politics, Security, and International Affairs and in the Burnett Honors College at the University of Central Florida Orlando, Florida Spring Term, 2020 Thesis Chair: Bruce Wilson, Ph.D. Abstract Corruption has gained attention around the world as a prominent issue. This is because corruption has greatly affected several countries. Following the exploration of various definitions and types of corruption, this thesis focuses on two efforts to rein in “grand corruption”, also known as executive corruption. The thesis is informed by existing theories of corruption as well as anti- corruption agencies and then situates Peru’s experience with corruption in its theoretical context and its broader Latin American context. -
FCPA & Anti-Bribery
alertFall 2019 FCPA & Anti-Bribery Hughes Hubbard & Reed LLP A New York Limited Liability Partnership • One Battery Park Plaza New York, New York 10004-1482 • +1 (212) 837-6000 Attorney advertising. Readers are advised that prior results do not guarantee a similar outcome. No aspect of this advertisement has been approved by the Supreme Court of New Jersey. © 2019 Hughes Hubbard & Reed LLP CORRUPTION PERCEPTION SCORE No Data 100 Very Clean 50 0 Very Corrupt Data from Transparency International’s Corruption Perceptions Index 2018. SCORE COUNTRY/TERRITORY RANK 67 Chile 27 52 Grenada 53 41 India 78 35 Armenia 105 29 Honduras 132 23 Uzbekistan 158 88 Denmark 1 66 Seychelles 28 52 Italy 53 41 Kuwait 78 35 Brazil 105 29 Kyrgyzstan 132 22 Zimbabwe 160 87 New Zealand 2 65 Bahamas 29 52 Oman 53 41 Lesotho 78 35 Côte d’Ivoire 105 29 Laos 132 20 Cambodia 161 85 Finland 3 64 Portugal 30 51 Mauritius 56 41 Trinidad 78 35 Egypt 105 29 Myanmar 132 20 Democratic 161 85 Singapore 3 63 Brunei 31 50 Slovakia 57 and Tobago 35 El Salvador 105 29 Paraguay 132 Republic of the Congo 85 Sweden 3 Darussalam 49 Jordan 58 41 Turkey 78 35 Peru 105 28 Guinea 138 20 Haiti 161 85 Switzerland 3 63 Taiwan 31 49 Saudi Arabia 58 40 Argentina 85 35 Timor-Leste 105 28 Iran 138 20 Turkmenistan 161 84 Norway 7 62 Qatar 33 48 Croatia 60 40 Benin 85 35 Zambia 105 28 Lebanon 138 19 Angola 165 82 Netherlands 8 61 Botswana 34 47 Cuba 61 39 China 87 34 Ecuador 114 28 Mexico 138 19 Chad 165 81 Canada 9 61 Israel 34 47 Malaysia 61 39 Serbia 87 34 Ethiopia 114 28 Papua 138 19 Congo 165 -
Preventing Systemic Corruption in Brazil
Preventing Systemic Corruption in Brazil Sérgio Fernando Moro Abstract: This essay describes the Brazilian anticorruption operation known as Operação Lava Jato (“Operation Car Wash”), its findings, and its results based on cases tried up to March 2018. Told from the perspective of the federal judge of the Thirteenth Federal Criminal Court of Curitiba, in whose court most of the Lava Jato cases have been prosecuted, this massive criminal case offers lessons that may be useful to other anticorruption efforts. Preventing systemic corruption is a challenge, but it is a necessary step for the improvement of democracy. What began as an investigation of an isolated in- stance of corruption within a Brazilian oil compa- ny expanded into an immense anticorruption oper- ation known as Operação Lava Jato (“Operation Car Wash”). This investigative operation has penetrat- ed deep within Brazil’s government and corporate elite to root out systemic state-sanctioned corrup- tion. Its criminal cases also appear to be instating new legal norms for how corruption cases are han- dled in Brazil, giving citizens hope that Lava Jato’s impact will be felt far into the future. How Brazilian prosecutors and courts dealt with this immense anti- corruption effort may provide important lessons for the battle against systemic corruption both in Bra- zil and elsewhere. This essay provides a comprehen- sive account of Lava Jato and its significance for Bra- zil going forward. It is important to note from the beginning that Lava sÉrgio fernando moro is Jato is not a single criminal case but several, in which a Federal Judge of the Thirteenth federal prosecutors have decided to pursue separate Federal Criminal Court of Curi- charges against many defendants. -
Chicago Police and the Labor and Urban Crises of the Late Twentieth Century
The Patrolmen’s Revolt: Chicago Police and the Labor and Urban Crises of the Late Twentieth Century By Megan Marie Adams A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in History in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Robin Einhorn, Chair Professor Richard Candida-Smith Professor Kim Voss Fall 2012 1 Abstract The Patrolmen’s Revolt: Chicago Police and the Labor and Urban Crises of the Late Twentieth Century by Megan Marie Adams Doctor of Philosophy in History University of California, Berkeley Professor Robin Einhorn, Chair My dissertation uncovers a history of labor insurgency and civil rights activism organized by the lowest-ranking members of the Chicago police. From 1950 to 1984, dissenting police throughout the city reinvented themselves as protesters, workers, and politicians. Part of an emerging police labor movement, Chicago’s police embodied a larger story where, in an era of “law and order” politics, cities and police departments lost control of their police officers. My research shows how the collective action and political agendas of the Chicago police undermined the city’s Democratic machine and unionized an unlikely group of workers during labor’s steep decline. On the other hand, they both perpetuated and protested against racial inequalities in the city. To reconstruct the political realities and working lives of the Chicago police, the dissertation draws extensively from new and unprocessed archival sources, including aldermanic papers, records of the Afro-American Patrolman’s League, and previously unused collections documenting police rituals and subcultures. -
Key 2017 Developments in Latin American Anti-Corruption Enforcement
March 15, 2018 KEY 2017 DEVELOPMENTS IN LATIN AMERICAN ANTI-CORRUPTION ENFORCEMENT To Our Clients and Friends: In 2017, several Latin American countries stepped up enforcement and legislative efforts to address corruption in the region. Enforcement activity regarding alleged bribery schemes involving construction conglomerate Odebrecht rippled across Latin America's business and political environments during the year, with allegations stemming from Brazil's ongoing Operation Car Wash investigation leading to prosecutions in neighboring countries. Simultaneously, governments in Latin America have made efforts to strengthen legislative regimes to combat corruption, including expanding liability provisions targeting foreign companies and private individuals. This update focuses on five Latin American countries (Mexico, Brazil, Argentina, Colombia, and Peru) that have ramped up anti-corruption enforcement or passed legislation expanding anti-corruption legal regimes.[1] New laws in the region, coupled with potentially renewed prosecutorial vigor to enforce them, make it imperative for companies operating in Latin America to have robust compliance programs, as well as vigilance regarding enforcement trends impacting their industries. 1. Mexico Notable Enforcement Actions and Investigations In 2017, Petróleos Mexicanos ("Pemex") disclosed that Mexico's Ministry of the Public Function (SFP) initiated eight administrative sanctions proceedings in connection with contract irregularities involving Odebrecht affiliates.[2] The inquiries stem from a 2016 Odebrecht deferred prosecution agreement ("DPA") with the U.S. Department of Justice ("DOJ").[3] According to the DPA, Odebrecht made corrupt payments totaling $10.5 million USD to Mexican government officials between 2010 and 2014 to secure public contracts.[4] In September 2017, Mexico's SFP released a statement noting the agency had identified $119 million pesos (approx. -
Country Advice Vietnam Vietnam – VNM38290 – Debt– Police
Country Advice Vietnam Vietnam – VNM38290 – Debt– Police Corruption 11 March 2011 1. Please provide information on the treatment of illegal business people in Vietnam and whether they are treated in a discriminatory way or harmed seriously? There is no information to confirm or deny that people conducting illegal business would be treated in a discriminatory manner or would suffer serious harm because they carry out illegal business practices. 2. Please provide information on the broad legal procedures to be followed in Vietnam in cases where there is a dispute of money wrongfully gained through illegal business? According to the most recent US Department of State Country Report on human rights practices of March 2010, people in Vietnam are able to have recourse to the people‟s court. Each district has a people's court, which serves as the court of first instance for most domestic, civil, and criminal cases. Moreover each Province also has a people's court, which serves as the appellate forum for district court cases. Administrative courts adjudicate complaints by citizens about official abuse and corruption. There are also special committees to help resolve local disputes.1 The Courts of first instance at district and provincial levels include judges and lay assessors. People's councils appoint lay assessors from a pool of candidates suggested by the VFF (Vietnam Fatherland Front - an umbrella group which monitors the country's mass organizations). Lay assessors are required to have "high moral standards," but legal training is not required, and their role is largely symbolic. There is a shortage of trained lawyers and judges and low judicial salaries hinder efforts to develop a trained judiciary. -
Hidden in Plain Sight: Domestic Corruption, Fraud and the Integrity Deficit ‘Corruption Remains One of the Most Pressing Challenges of Our Time
Hidden in plain sight: domestic corruption, fraud and the integrity deficit ‘ Corruption remains one of the most pressing challenges of our time. It promotes mistrust in governments, public institutions, banks, corporations, politicians, political parties, democracies, you name it. It corrodes our social fabric.’ Angel Gurría, OECD secretary-general, 9th Annual Conference: International Forum on Business Ethical Conduct, 14 November 2018 Hidden in plain sight: domestic corruption, fraud and the integrity deficit Does the UK have a corruption problem? Officially, no. In reality, we just don’t know. The heavy emphasis placed on overseas corruption in recent years has taken our eye off the ball at home. The data are sketchy, the infrastructure non-existent, and no-one is in charge. And what about all of the everyday activity which, whilst not strictly illegal, undermines openness, integrity and fair dealing in politics, government and business? What if, when we do look more closely (and think more clearly), we are in for a nasty shock? 1 Defining corruption Corruption is hard to pin down. Domestic corruption all the more so. That’s why we have a Bribery Act, not one that tries to define the term and offence of ‘corruption’. Nor is there agreement on a working definition. The vastness of this hinterland of small The traditional one – ‘the abuse of public office for transgressions and marginal behaviours (things private gain’ – feels out-of-date in a world of that can easily pave the way for much bigger widespread public service provision by private things) is what makes corruption so hard to tackle sector companies. -
Maria Virginia Nabuco Do Amaral Mesquita Nasser
MARIA VIRGINIA NABUCO DO AMARAL MESQUITA NASSER ESTADO INVESTIDOR E GOVERNANÇA Tese de Doutorado Orientador Prof. Dr. Luís Fernando Massonetto UNIVERSIDADE DE SÃO PAULO FACULDADE DE DIREITO São Paulo-SP 2019 MARIA VIRGINIA NABUCO DO AMARAL MESQUITA NASSER ESTADO INVESTIDOR E GOVERNANÇA Tese apresentada à Banca Examinadora do Programa de Pós-Graduação em Direito, da Faculdade de Direito da Universidade de São Paulo, como exigência parcial para obtenção do título de Doutora em Direito, na área de concentração Direito Econômico, Financeiro e Tributário sob a orientação do Prof. Dr. Luís Fernando Massonetto. UNIVERSIDADE DE SÃO PAULO FACULDADE DE DIREITO São Paulo-SP 2019 Autorizo a divulgação total ou parcial deste trabalho, por qualquer meio convencional ou eletrônico, para fins de estudo e pesquisa, desde que citada a fonte. Catalogação da Publicação Mesquita Nasser, Maria Virginia Nabuco do Amaral Estado investidor e governança / Maria Virginia Nabuco do Amaral Mesquita Nasser. - São Paulo: USP / Faculdade de Direito, 2019. 179f. Orientador: Prof. Dr. Luís Fernando Massonetto. Tese (Doutorado), Universidade de São Paulo, USP, Programa de Pós- Graduação em Direito, área de concentração, Direito Econômico, Financeiro e Tributário, 2019. 1. Governança 2. Estado investidor. 3. Corrupção. 4. Interesse público. 5. Direito Econômico. I. Massonetto, Luís Fernando. II. Título. CDU MESQUITA NASSER, Maria Virginia Nabuco do Amaral. Estado investidor e governança. Tese apresentada à Faculdade de Direito da Universidade de São Paulo para obtenção do título de Doutora em Direito. Aprovada em: Banca Examinadora: Prof. Dr. ___________________________ Instituição: ___________________________ Julgamento: ________________________ Assinatura: ___________________________ Prof. Dr. ___________________________ Instituição: ___________________________ Julgamento: ________________________ Assinatura: ___________________________ Prof. Dr. ___________________________ Instituição: ___________________________ Julgamento: ________________________ Assinatura: ___________________________ Prof.