Fighting Corruption in Eastern Europe and Central Asia
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2019 FCPA/Anti-Corruption Year in Review
FCPA/Anti-Corruption Developments: 2019 Year in Review January 21, 2020 FCPA/Anti-Corruption Developments: 2019 Year in Review Lucinda A. Low and Brittany Prelogar (eds.)1 Introduction US Foreign Corrupt Practices Act (FCPA) enforcement authorities announced a steady stream of individual and corporate enforcement matters throughout 2019, some with eye-popping fines. Overall, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) reported 50 FCPA-related actions (including 31 by the DOJ and 19 by the SEC) over the course of the year. The $2.9 billion in total fines, penalties, and disgorgement imposed in corporate FCPA settlements in 2019 nearly matched the record-breaking $2.91 billion imposed in 2018 in such matters. The DOJ also announced a slew of new charges against individuals and racked up a number of trial victories in existing cases. Mega settlements reached by two companies made up nearly two-thirds of the $2.9 billion total corporate penalties imposed in 2019. In the first quarter of the year, Mobile TeleSystems PJSC (MTS) agreed to pay $850 million in penalties and disgorgement to resolve charges against it, joining the ranks of fellow companies Telia and VimpelCom among the top FCPA fines to date for conduct relating to the Uzbek telecommunications sector. In a strong book-end to the year, Telefonaktiebolaget LM Ericsson (Ericsson) and its subsidiary, Ericsson Egypt Ltd. (Ericsson Egypt), agreed to pay more than $1 billion in penalties and disgorgement to resolve DOJ and SEC investigations for conduct in multiple countries. Enforcement against individuals, especially by the DOJ, was also particularly robust in 2019. -
Nixon's Caribbean Milieu, 1950–1968
Dark Quadrant: Organized Crime, Big Business, and the Corruption of American Democracy Online Appendix: Nixon’s Caribbean Milieu, 1950–1968 By Jonathan Marshall “Though his working life has been passed chiefly on the far shores of the continent, close by the Pacific and the Atlantic, some emotion always brings Richard Nixon back to the Caribbean waters off Key Biscayne and Florida.”—T. H. White, The Making of the President, 19681 Richard Nixon, like millions of other Americans, enjoyed Florida and the nearby islands of Cuba and the Bahamas as refuges where he could leave behind his many cares and inhibitions. But he also returned again and again to the region as an important ongoing source of political and financial support. In the process, the lax ethics of its shadier operators left its mark on his career. This Sunbelt frontier had long attracted more than its share of sleazy businessmen, promoters, and politicians who shared a get-rich-quick spirit. In Florida, hustlers made quick fortunes selling worthless land to gullible northerners and fleecing vacationers at illegal but wide-open gambling joints. Sheriffs and governors protected bookmakers and casino operators in return for campaign contributions and bribes. In nearby island nations, as described in chapter 4, dictators forged alliances with US mobsters to create havens for offshore gambling and to wield political influence in Washington. Nixon’s Caribbean milieu had roots in the mobster-infested Florida of the 1940s. He was introduced to that circle through banker and real estate investor Bebe Rebozo, lawyer Richard Danner, and Rep. George Smathers. Later this chapter will explore some of the diverse connections of this group by following the activities of Danner during the 1968 presidential campaign, as they touched on Nixon’s financial and political ties to Howard Hughes, the South Florida crime organization of Santo Trafficante, and mobbed-up hotels and casinos in Las Vegas and Miami. -
Violent Extremism and Insurgency in Tajikistan: a Risk Assessment
VIOLENT EXTREMISM AND INSURGENCY IN TAJIKISTAN: A RISK ASSESSMENT AUGUST 14, 2013 This publication was produced for review by the United States Agency for International Development. It was prepared by Dr. Eric McGlinchey for Management Systems International for USAID’s Office of Technical Support in the Bureau for the Middle East (USAID/ME/TS). VIOLENT EXTREMISM AND INSURGENCY IN TAJIKISTAN: A RISK ASSESSMENT DRAFT Contracted under AID-OAA-TO-11-00051 Democracy and Governance and Peace and Security in Asia and the Middle East Dr. Eric McGlinchey is Associate Professor of Politics and Government in the Department of Public and International Affairs at George Mason University. He is an expert in Central Asian regime change, comparative politics, and political Islam. He is the author of Chaos, Violence, Dynasty: Politics and Islam in Central Asia. DISCLAIMER The author’s views expressed in this publication do not necessarily reflect the views of the United States Agency for International Development or the United States Government. CONTENTS Acronyms .................................................................................................................................... i Map ............................................................................................................................................ ii Executive Summary.................................................................................................................. iii I. Background: The Interplay of Religion and Politics in Tajikistan .....................................1 -
September 2000 Public Disclosure Authorized
20925 September 2000 Public Disclosure Authorized ANTICORRUPTION IN Public Disclosure Authorized RANSITION A Contribution to the Policy Debate Public Disclosure Authorized Public Disclosure Authorized A W 0 R L D F R EE 0 F P 0 V E R T Y I Anticorruption in Transition A Contribution to the Policy Debate The World Bank Washington, D.C. Copyright © 2000 THE WORLDBANK 1818 H Street, N.W. Washington, D.C. 20433, USA All rights reserved Manufactured in the United States of America First printing September 2000 1 2 3 4 03 02 01 00 The opinions expressed in this report do not necessarily represent the views of the World Bank or its member governments. The World Bank does not guarantee the accuracy of the data included in this publication and accepts no responsibility whatsoever for any consequence of their use. The material in this publication is copyrighted. Requests for permission to reproduce portions of it should be sent to the Office of the Publisher at the address shown in the copyright notice above. The World Bank encourages dissemination of its work and will normally give permission promptly and, when the reproduction is for noncommercial purposes, without asking a fee. Permission to copy portions for classroom use is granted through the Copyright Clearance Center, Inc., Suite 910, 222 Rosewood Drive, Danvers, Massachusetts 01923, USA. ISBN 0-8213-4802-7 Library of Congress Cataloging-in-Publication Data hasbeen appliedfor. TABLE OF CONTENTS Foreword........................................................................ vii Acknowledgments ........................................................................ ix Abbreviations ........................................................................ xi Executive Summary ........................................................................ xiii Chapter 1 The Level and Pattern of Corruption in the Transition Countries............................... -
UC Berkeley Electronic Theses and Dissertations
UC Berkeley UC Berkeley Electronic Theses and Dissertations Title The Logic of Kleptocracy: Corruption, Repression, and Political Opposition in Post-Soviet Eurasia Permalink https://escholarship.org/uc/item/92g1h187 Author LaPorte, Jody Marie Publication Date 2012 Peer reviewed|Thesis/dissertation eScholarship.org Powered by the California Digital Library University of California The Logic of Kleptocracy: Corruption, Repression, and Political Opposition in Post-Soviet Eurasia By Jody Marie LaPorte A dissertation submitted in partial satisfaction of the requirements for the degree of Doctor of Philosophy in Political Science in the Graduate Division of the University of California, Berkeley Committee in charge: Professor Jason Wittenberg, Co-chair Professor Michael S. Fish, Co-chair Professor David Collier Professor Victoria Bonnell Spring 2012 The Logic of Kleptocracy: Corruption, Repression, and Political Opposition in Post-Soviet Eurasia Copyright 2012 by Jody Marie LaPorte Abstract The Logic of Kleptocracy: Corruption, Repression, and Political Opposition in Post-Soviet Eurasia by Jody Marie LaPorte Doctor of Philosophy in Political Science University of California, Berkeley Professor Jason Wittenberg, co-chair Professor Michael S. Fish, co-chair This dissertation asks why some non-democratic regimes give political opponents significant leeway to organize, while others enforce strict limits on such activities. I examine this question with reference to two in-depth case studies from post-Soviet Eurasia: Georgia under President Eduard Shevardnadze and Kazakhstan under President Nursultan Nazarbayev. While a non- democratic regime was in place in both countries, opposition was highly tolerated in Georgia, but not allowed in Kazakhstan. I argue that these divergent policies can be traced to variation in the predominant source and pattern of state corruption in each country. -
Practice Group
ROPES & GRAY WHITE PAPER Mexico March 19, 2014 Anti-Corruption Developments in Mexico OVERVIEW While corruption in Mexico has been widespread and well known for some time, the implications of that corruption on foreign companies doing business in Mexico became headline news when, on April 21, 2012, the New York Times broke the story that Wal-Mart de Mexico, Wal-Mart’s largest foreign subsidiary, had allegedly paid more than $24 million in bribes to Mexican officials.11 Wal-Mart de Mexico made these corrupt payments in order to obtain expedited building permits.2 The New York Times followed this article with another on December 17, 2012, this time alleging that Wal-Mart de Mexico bribed a Mexican official to change the zoning map so that it could build a store in an area that recently prohibited commercial development.3 The ongoing investigations that followed by the U.S. Congress, the U.S. Securities and Exchange Commission, and the U.S. Department of Justice cost Wal-Mart $157 million in fiscal year 2013 for the ongoing probe into the allegations.4 Mexican President Enrique Peña Nieto, who took office on December 1, 2012, has indicated that his administration is dedicated to addressing the corruption perceived to be rampant in a country where bribery can be a part of daily life.5 Mr. Peña Nieto is currently leading a reform of the state oil monopoly Pemex, which has long been viewed as one of the most corrupt institutions in Mexico (a 2003 New York Times article notes that Pemex executives estimated that the company loses at least $1 billion a year to corruption).6 Pemex has been referred to as the “Niagara Falls of corruption, it flows from everywhere and it’s not new;”7 a “sewer of corruption;”8 and a “slush fund for politicians.”9 In December 2013, Mr. -
OECD Bribery Awareness Handbook for Tax Examiners
OECD Bribery Awareness Handbook for Tax Examiners The Bribery Awareness Handbook, first issued in 2001, provides practical guidance to help tax inspectors and investigators identify suspicious payments likely to be bribes so that the denial of deductibility can be enforced, and bribe payments detected and reported to the appropriate domestic law enforcement authorities. The 2009 OECD Recommendation on Tax Measures for Further Combating Bribery of Foreign Public Officials in International Business Transactions will further strengthen the role of tax authorities in the combat against bribery, as it requires explicit legislation to prohibit the tax deductibility of bribes and promotes enhanced cooperation between tax authorities and law enforcement agencies to counter corruption. To mark the 10th anniversary of the entry into force of the OECD Anti-Bribery Convention, and to contribute to the newly launched global awareness-raising campaign to counter foreign bribery, the OECD has reissued the handbook, including the new recommendation. Other useful tools Money Laundering Awareness Handbook for Tax Examiners and Tax Auditors www.oecd.org/ctp/taxcrimes/laundering OECD Manual on the Implementation of Exchange of Information for Tax Purposes www.oecd.org/ctp/eoi/manual Tax Co-operation 2009: Towards a Level Playing Field - 2009 Assessment by the Global Forum on Transparency and Exchange of Information www.oecd.org/ctp/htp/cooperation OECD Bribery Awareness Handbook for Tax Examiners Centre for Tax Policy and Administration 2009 This handbook is available in 18 languages from www.oecd.org/ctp/nobribes OECD Bribery Awareness Handbook for Tax Examiners ORGANISATION FOR ECONOMIC CO-OPERATION AND DEVELOPMENT The OECD is a unique forum where the governments of 30 democracies work together to address the economic, social and environmental challenges of globalisation. -
Tajikistan by Raissa Muhutdinova
Tajikistan by Raissa Muhutdinova Capital: Dushanbe Population: 6.6 million GNI/capita: US$1,560 The social data above was taken from the European Bank for Reconstruction and Development’s Transition Report 2007: People in Transition, and the economic data from the World Bank’s World Development Indicators 2008. Nations in Transit Ratings and Averaged Scores 1999 2001 2002 2003 2004 2005 2006 2007 2008 Electoral Process 5.50 5.25 5.25 5.25 5.75 6.00 6.25 6.50 6.50 Civil Society 5.25 5.00 5.00 5.00 5.00 4.75 5.00 5.00 5.50 Independent Media 5.75 5.50 5.75 5.75 5.75 6.00 6.25 6.25 6.00 Governance* 6.25 6.00 6.00 6.00 5.75 n/a n/a n/a n/a National Democratic 6.25 Governance n/a n/a n/a n/a n/a 6.00 6.25 6.25 Local Democratic 6.00 Governance n/a n/a n/a n/a n/a 5.75 5.75 5.75 Judicial Framework 6.00 and Independence 5.75 5.75 5.75 5.75 5.75 5.75 5.75 5.75 Corruption 6.00 6.00 6.00 6.00 6.25 6.25 6.25 6.25 6.25 Democracy Score 5.75 5.58 5.63 5.63 5.71 5.79 5.93 5.96 6.07 * With the 2005 edition, Freedom House introduced separate analysis and ratings for national democratic governance and local democratic governance to provide readers with more detailed and nuanced analysis of these two important subjects. -
The Rise of Kleptocracy: Laundering Cash, Whitewashing Reputations
The Rise of Kleptocracy: Laundering Cash, Whitewashing Reputations Alexander Cooley, John Heathershaw, J.C. Sharman Journal of Democracy, Volume 29, Number 1, January 2018, pp. 39-53 (Article) Published by Johns Hopkins University Press DOI: https://doi.org/10.1353/jod.2018.0003 For additional information about this article https://muse.jhu.edu/article/683634 Access provided at 13 Jun 2019 01:42 GMT from Griffith University The Rise of Kleptocracy LAUNDERING CASH, WHITEWASHING REPUTATIONS Alexander Cooley, John Heathershaw, and J.C. Sharman Alexander Cooley is director of the Harriman Institute at Columbia University and Claire Tow Professor of Political Science at Barnard College. John Heathershaw is associate professor of international re- lations at the University of Exeter. J.C. Sharman is Sir Patrick Sheehy Professor of International Relations at the University of Cambridge. Kleptocracy and grand corruption are now under scrutiny as never be- fore. With renewed global attention on these abuses, a relatively clear picture has emerged of the domestic political economies shaped by klep- tocratic rule. Analysts have shown how state institutions are set up to allow elites and their families to systematically loot, while protecting these elites politically. In particular, this research has placed under the microscope the resource-rich countries that are vulnerable to kleptocrat- ic state capture. Yet to understand the operations of today’s jet-setting kleptocrats, one must look beyond the borders of the polities they despoil. Copi- ous news items feature kleptocrats and their families purchasing luxu- rious penthouses and cars; attending international cultural galas and charitable initiatives; and enlisting Western agents, lawyers, spokes- people, and pillars of the establishment to whitewash their reputations. -
1 - DM3\7281688.3 Representatives, Etc.) to Conduct Themselves Consistently with This Policy, Including by Complying with All Applicable Anti-Corruption Laws
EVAXION BIOTECH A/S ANTI-CORRUPTION, ANTI-BRIBERY AND OFAC POLICY STATEMENT AND COMPLIANCE GUIDE ANTI-CORRUPTION, ANTI-BRIBERY Introduction and Policy Statement It is the policy of Evaxion Biotech A/S., its subsidiaries and affiliates (collectively, the “Company”) to comply with the U.S. Foreign Corrupt Practices Act (“FCPA”), the United States Anti-Kickback Statute (“AKS”), physician self-referral laws (Stark Laws), the United States False Claims Act, Sections 122 and 299(2) of the Danish Criminal Code consolidated by Act no. 976 of 17 September 2019 (in Danish: Straffeloven) (“Danish Criminal Code”), the United Kingdom Bribery Act 2010 as amended, United Nations Convention against Corruption (“UNCAC”), the Council of Europe Criminal Law Convention on Corruption, and the Organization for Economic Cooperation and Development Anti-Bribery Convention (“OECD Anti-bribery Convention”) and all other applicable anti-bribery and anti-corruption laws. The Company prohibits bribery and other corrupt practices in any form, whether committed directly or indirectly, and whether involving government officials or private parties. This Anti-Corruption, Anti-Bribery and OFAC Policy Statement and Compliance Guide (“Policy”) is not designed to be all encompassing, but instead is intended to expand and supplement the provisions of the Company’s existing Code of Conduct, the Company’s various policies on interactions with Health Care Professionals and Health Care Organizations, as well as the PhRMA Code on Interactions with Health Care Professionals. This Policy clearly sets forth the Company’s policy prohibiting any activity in support of prohibited practices. Additionally, by providing a basic understanding of the relevant laws, the Policy provides guidance to assist in identifying situations that risk violating the FCPA, AKS, FCA, or other applicable anti- corruption laws and, therefore, ensure that appropriate action is taken. -
Developments in U.S. and International Efforts to Prevent Corruption
PUBLIC INTERNATIONAL LAW Developments in U.S. and International Efforts to Prevent Corruption KATHLEEN M HAMANN, PHILIP UROFSKY, NICOLE M. HEALY, ALEXANDRA WRAGE, AND MARGARET AYRES* I. Introduction Both the international community and the United States continued to expand their policy and enforcement efforts globally in 2005, culminating with the entry into force of the United Nations Convention Against Corruption (UNCAC)' on December 14, 2005. The *This report has previously been drafted by the Task Force on International Standards for Corrupt Practices. This year, the Task Force became the Committee. Due to the necessary brevity of this report, the Committee will be issuing a more comprehensive version that includes more in-depth analysis of U.S. cases and coverage of ongoing domestic and global policy initiatives. To view the complete report, please visit the Committee website at www.abanet.org/dch/committee.cfm?com = IC700600. Kathleen M Hamann, Philip Urosky, Nicole M. Healy, Alexandra Wrage, and Margaret Ayres contributed to this summary. Kathleen Hamann is an attorney in the Government Contracts, International, and White Collar Practice Groups at Powell Goldstein, LLP, specializing in international criminal laws and regulations. Prior to entering private practice, she was a foreign and civil service officer for the Department of State, where she developed international policy to combat international corruption and crime. Philip Urofsky is Special Counsel in the Business Fraud & Complex Litigation Group at Cadwalader Wick- ersham & Taft LLP. He was previously a prosecutor in the Fraud Section at the Department of Justice, where he was responsible for supervising and conducting investigations and prosecutions of violations of the Foreign Corrupt Practices Act. -
Using Corrupt Practices As Foreign Policy Tools
CORRUPTION AS STATECRAFT Using Corrupt Practices as Foreign Policy Tools Transparency International (TI) is the world’s leading non-governmental anti-corruption organisation, addressing corruption and corruption risk in its many forms through a network of more than 100 national chapters worldwide. Transparency International Defence and Security (TI-DS) works to reduce corruption in defence and security worldwide. Author: Dr Karolina MacLachlan Research provided by: Nikolai Topalov Transparency International Anti-Corruption Center, Armenia Transparency International Bosnia & Herzegovina Editors: Katherine Dixon, Leah Wawro, Deirdre Mahony With thanks for feedback and assistance to: Transparency International EU N-OST Public Eye This report was funded by Open Society European Policy Institute as well as UK aid from the UK government. © 2019 Transparency International. All rights reserved. Reproduction in whole or in parts is permitted, providing that full credit is given to Transparency International and provided that any such reproduction, in whole or in parts, is not sold or incorporated in works that are sold. Written permission must be sought from Transparency International if any such reproduction would adapt or modify the original content. Published July 2019. Every effort has been made to verify the accuracy of the information contained in this report. All information was believed to be correct as of February 2019. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes