From Baksheesh To Bribery

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.

This resource examines one major anti-corruption law, the United States Foreign Corrupt Practices Act (FCPA), which makes the payment of bribes to foreign government officials a legal wrong.

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.

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.

A new approach for studying the interaction between international and domestic processes of criminal law-making in today's globalized world.

This book examines the relationship between state fragility and corruption. It analyzes a variety of regions throughout the world, including Latin America, Central Asia and the Middle East, Africa, Central America and Mexico, South America, and Russia. States that are plagued by high levels of state fragility and corruption facilitate illicit activities and other criminal enterprises.