Best Practices in Addressing Police- Related Corruption
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Corruption Facts
facts_E.qxd 07/12/2005 14:12 Page 1 Corruption Facts Corruption causes reduced investment. • Investment in a relatively corrupt country compared to an uncorrupt one can be as much as 20 per cent more costly. [“Economic Corruption: Some Facts”, Daniel Kaufmann 8th International Anti-Corruption Conference 1997] • Nations that fight corruption and improve their rule of law could increase their national income • Each year, over US$ 1 trillion is paid in bribes by 400 per cent. worldwide. [“US$ 1 Trillion lost each year to bribery says World Bank”, UN Wire, 12 April 2004] [World Bank, www.worldbank.org] • Corruption reduces a government's ability to provide basic resources and services for Increasing evidence indicates widespread its citizens. corruption in the judiciary in many parts of the world. • Corruption and the transfer of illicit funds • Judicial corruption undermines the rule have contributed to capital flight in Africa, of law and government legitimacy. with more than US$ 400 billion having been looted and stashed away in foreign countries. • A corrupt judiciary cripples a society's Of that amount, around US$ 100 billion is ability to curb corruption. estimated to have come from Nigeria alone. • A report examining the judiciary in 48 • Former President of Zaire, Mobutu Sese Seko countries found that judicial corruption (in power 1965-1997) is believed to have looted was pervasive in 30 of them. the country's treasury of some US$ 5 billion— [Centre for Independence of Judges and Lawyers, an amount equal to the country's external Ninth annual report on Attacks on Justice, March 1997, February 1999.] debt at the time. -
How Does Corruption Affect the Adoption of Lobby Registers? a Comparative Analysis
Politics and Governance (ISSN: 2183–2463) 2020, Volume 8, Issue 2, Pages 116–127 DOI: 10.17645/pag.v8i2.2708 Article How Does Corruption Affect the Adoption of Lobby Registers? A Comparative Analysis Fabrizio De Francesco 1 and Philipp Trein 2,3,* 1 School of Government and Public Policy, University of Strathclyde, Glasgow, G42 9RJ, UK; E-Mail: [email protected] 2 Department for Actuarial Sciences, University of Lausanne, 1015 Lausanne, Switzerland; E-Mail: [email protected] 3 Institute of Political Studies, Faculty of Social and Political Sciences, University of Lausanne, 1015 Lausanne, Switzerland * Corresponding author Submitted: 14 December 2019 | Accepted: 19 March 2020 | Published: 28 May 2020 Abstract Recent research has demonstrated that some governments in developed democracies followed the OECD and the EU rec- ommendations to enhance transparency by adopting lobby registers, whereas other countries refrained from such mea- sures. We contribute to the literature in demonstrating how corruption is linked to the adoption of lobbying regulations. Specifically, we argue that governments regulate lobbying when they face the combination of low to moderate levels of corruption and a relatively well-developed economy. To assess this argument empirically, we compare 42 developed countries between 2000 and 2015, using multivariate logistic regressions and two illustrative case studies. The statistical analysis supports our argument, even if we include a number of control variables, such as the presence of a second par- liamentary chamber, the age of democracy, and a spatial lag. The case studies illustrate the link between anti-corruption agenda and the adoption of lobby registers. -
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. -
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. -
United Nations Convention Against Corruption
04-56160_c1-4.qxd 17/08/2004 12:33 Page 1 Vienna International Centre, PO Box 500, A 1400 Vienna, Austria Tel: +(43) (1) 26060-0, Fax: +(43) (1) 26060-5866, www.unodc.org UNITED NATIONS CONVENTION AGAINST CORRUPTION Printed in Austria V.04-56160—August 2004—copies UNITED NATIONS UNITED NATIONS OFFICE ON DRUGS AND CRIME Vienna UNITED NATIONS CONVENTION AGAINST CORRUPTION UNITED NATIONS New York, 2004 Foreword Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of life and allows organized crime, terrorism and other threats to human security to flourish. This evil phenomenon is found in all countries—big and small, rich and poor—but it is in the developing world that its effects are most destructive. Corruption hurts the poor disproportionately by diverting funds intended for development, undermining a Government’s ability to provide basic services, feeding inequality and injustice and discouraging foreign aid and investment. Corruption is a key element in economic underperformance and a major obsta- cle to poverty alleviation and development. I am therefore very happy that we now have a new instrument to address this scourge at the global level. The adoption of the United Nations Convention against Corruption will send a clear message that the international community is determined to prevent and control corruption. It will warn the corrupt that betrayal of the public trust will no longer be tolerated. And it will reaffirm the importance of core values such as honesty, respect for the rule of law, account- ability and transparency in promoting development and making the world a better place for all. -
Rent Seeking and Corruption in Financial Markets
Rent Seeking and Corruption in Financial Markets Asim Ijaz Khwaja1 and Atif Mian2 1Harvard Kennedy School of Government, Harvard University, Cambridge, Massachusetts 02138 2Department of Economics, University of California, Berkeley, California 94720; email: [email protected] by Harvard University on 02/14/13. For personal use only. Annu. Rev. Econ. 2011.3:579-600. Downloaded from www.annualreviews.org Annu. Rev. Econ. 2011. 3:579–600 Keywords First published online as a Review in Advance on agency issues, financial market design and regulation May 25, 2011 The Annual Review of Economics is online at Abstract economics.annualreviews.org We describe recent advances in the study of rent seeking and This article’s doi: corruption in financial markets. We outline three areas of inquiry: 10.1146/annurev-economics-061109-080310 (a) conceptualizing rent seeking, (b) identifying rent-provision Copyright © 2011 by Annual Reviews. channels and their general equilibrium impact, and (c) designing All rights reserved feasible remedial mechanisms. We provide suggestions for making JEL codes: G2, G3, G18, O16 further progress in these areas and review a variety of approaches 1941-1383/11/0904-0579$20.00 taken in the recent literature. 579 1. INTRODUCTION Financial markets are entrusted with the all-important task of intermediating capital to where it is most productive and maintaining a healthy balance between risk and reward. As a result, rent seeking, to the extent that it distorts this allocation, is deemed costly for an economy. This article draws on some of the recent literature on rent seeking in financial markets in order to present an analytical road map that we hope will be useful for researchers interested in this topic. -
Thesis Rajin Rgd.Pdf
A model for the prevention of corruption and corruption-related offences at Gauteng police stations by Ronnie Gonasagaran Dayananda Rajin submitted in accordance with the requirements for the degree of Doctor of Literature and Philosophy in the School of Criminal Justice at the UNIVERSITY OF SOUTH AFRICA SUPERVISOR: PROFESSOR H.F. SNYMAN May 2017 i Summary The research entailed an exploration of the reasons behind corruption and related offences in selected Gauteng police stations of the South African Police Service (SAPS). Corruption refers to the illegal and unlawful activities performed by police officials when they enrich themselves by taking money and other valuable property from offenders, victims and other people they come into contact with. The participants in this study were purposefully chosen and comprised of two groups. The first group included ex-police officials convicted and sentenced for committing corruption and related offences. The second group were active police officials suspected to have committed corruption and related crimes and some in this group were dismissed by disciplinary tribunals. The research was done at four of the police stations in Gauteng Province. There were 18 participants interviewed and nine were chosen from these police stations, with the remaining nine from two correctional facilities in Gauteng. The participants were asked an open-ended question which aimed at exploring convicted police officials’ reasons for having committed corruption. The interviews were recorded with the participants’ permission. The recorded data were transcribed verbatim and analysed. The five main themes that emerged are the high incidence of corruption involving all levels of police, multiple environmental factors which contribute to corruption, forms of corruption, dynamics resulting from corruption and anti-corruption mechanisms to prevent corruption. -
Research Report on Trends in Police Corruption
COMMITTEE ON THE OFFICE OF THE OMBUDSMAN AND THE POLICE INTEGRITY COMMISSION RESEARCH REPORT ON TRENDS IN POLICE CORRUPTION December 2002 COMMITTEE ON THE OFFICE OF THE OMBUDSMAN AND THE POLICE INTEGRITY COMMISSION RESEARCH REPORT ON TRENDS IN POLICE CORRUPTION December 2002 Parliament House Macquarie Street Sydney 2000 Tel: (02) 9230 2737 Fax: (02) 9230 3309 ISBN 0 7347 6899 0 Table Of Contents COMMITTEE MEMBERSHIP .........................................................................................................i CHAIRMAN’S FOREWORD..........................................................................................................ii EXECUTIVE SUMMARY AND RECOMMENDATIONS ..................................................................iii INTRODUCTION ....................................................................................................................... 1 CHAPTER ONE – A TYPOLOGY OF POLICE CORRUPTION........................................................ 3 1.1 A BRIEF REVIEW OF POLICING AND ETHICS LITERATURE.............................................................. 3 1.2 DEFINING POLICE CORRUPTION.............................................................................................. 6 1.3 ROTTEN APPLE VS ROTTEN BARREL ...................................................................................... 10 1.4 CYCLES OF CORRUPTION.................................................................................................... 12 1.5 CORRUPTION – AN ETHICAL OR ADMINISTRATIVE PROBLEM?.................................................... -
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. -
Lecture 2: CORRUPTION & ORGANIZED CRIME Chiara Superti
Lecture 2: CORRUPTION & ORGANIZED CRIME Chiara Superti OUTLINE 1. Introduction 2. Two types of organized crime - New transnational crime groups - Old/traditional organized groups or Mafias - Relationship with the State - Use of corruption - Type of business - Relationship with their communities 3. How the traditional Mafia uses corruption: - Judicial corruption - Political corruption - Police corruption - Private sector corruption 4. Red Mafia vs Cosa Nostra: similarities. 5. Why is organized crime challenged under totalitarian regimes? 6. Why does it prosper during transition? - Lack of law enforcement - New wealth - New actors 7. The services of private protection 8. Wrap up Reading of reference and other sources for today’s lecture: Briquet, J. L. (2003). Organised crime, politics and the judiciary on post-war Europe. In F. Allum and R. Siebert (eds.), organised crime and the challenge to democracy. London: Routledge. 1 Gambetta, Diego. The Sicilian Mafia: the business of private protection. Harvard University Press, 1996. Gounev, Philip and Tihomir Bezlov, Examining the Links between Organised Crime and Corruption. Center for the Study of Democracy, European Commission, 2010. Gutauskas A., Juska A., Johnstone P., and Pozzuto R. (2004) Chang ing Typology of Organised Crime in a Post-Socialist Lithuania (the Late 1980s–Early 2000s). Global Crime, 6 (2). Paoli L. (1999) The Political Criminal Nexus in Italy. Trends in organized Crime, 5 (2). Paoli, L. (2003) Mafia brotherhoods: organised Crime, Italian Style, Oxford: Oxford University Press. Plywaczewsky E. (2004/2006) Organised crime in Poland: its development from real Socialism to present times. In Paoli, L. and Fijnaut, C. (eds.), organised Crime in europe. Dordrecht: Springer.