Bribery

Bribery is the act of giving or receiving something of value in exchange for some kind of influence or action in return, that the recipient would otherwise not offer. Bribery is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty.[1] Essentially, bribery is offering to do something for someone for the expressed purpose of receiving something in exchange.[2] Gifts of money or other items of value which are otherwise available to everyone on an equivalent basis, and not for dishonest purposes, is not bribery. Offering a discount or a refund to all purchasers is a legal rebate and is not bribery. For example, it is legal for an employee of a Public Utilities Commission involved in electric rate regulation to accept a rebate on electric service that reduces their cost for electricity, when the rebate is available to other residential electric customers. Giving the rebate to influence them to look favorably on the electric utility's rate increase applications, however, would be considered bribery.

A bribe is the gift bestowed to influence the recipient's conduct. It may be money, goods, rights in action, property, preferment, privilege, emolument, objects of value, advantage, or merely a promise to induce or influence the action, vote, or influence of a person in an official or public capacity.[3]

10 - hands shaking with euro bank notes inside handshake - royalty free, without copyright, public domain photo image 01
Giving money to influence a person's behavior is a form of bribery.

Forms

WilliamJeffersonFreezerPiecrusts 20-45C
Photo of cash found in Congressman William J. Jefferson's freezer in the August 2005 raid was shown to jurors on 8 July 2009

Many types of payments or favors can constitute bribes: tip, gift, sop, perk, skim, favor, discount, waived fee/ticket, free food, free ad, free trip, free tickets, sweetheart deal, kickback/payback, funding, inflated sale of an object or property, lucrative contract, donation, campaign contribution, fundraiser, sponsorship/backing, higher paying job, stock options, secret commission, or promotion (rise of position/rank).

One must be careful of differing social and cultural norms when examining bribery. Expectations of when a monetary transaction is appropriate can differ from place to place. Political campaign contributions in the form of cash, for example, are considered criminal acts of bribery in some countries, while in the United States, provided they adhere to election law, are legal. Tipping, for example, is considered bribery in some societies, while in others the two concepts may not be interchangeable.

In some Spanish-speaking countries, bribes are referred to as "mordida" (literally, "bite"). In Arab countries, bribes may be called baksheesh (a tip, gift, or gratuity) or "shay" (literally, "tea"). French-speaking countries often use the expressions "dessous-de-table" ("under-the-table" commissions), "pot-de-vin" (literally, "wine-pot"), or "commission occulte" ("secret commission" or "kickback"). While the last two expressions contain inherently a negative connotation, the expression "dessous-de-table" can be often understood as a commonly accepted business practice. In German, the common term is Schmiergeld ("smoothing money").

The offence may be divided into two great classes: the one, where a person invested with power is induced by payment to use it unjustly; the other, where power is obtained by purchasing the suffrages of those who can impart it. Likewise, the briber might hold a powerful role and control the transaction; or in other cases, a bribe may be effectively extracted from the person paying it, although this is better known as extortion.

The forms that bribery take are numerous. For example, a motorist might bribe a police officer not to issue a ticket for speeding, a citizen seeking paperwork or utility line connections might bribe a functionary for faster service.

Bribery may also take the form of a secret commission, a profit made by an agent, in the course of his employment, without the knowledge of his principal. Euphemisms abound for this (commission, sweetener, kick-back etc.) Bribers and recipients of bribery are likewise numerous although bribers have one common denominator and that is the financial ability to bribe.

According to BBC news U.K, "bribery around the world is estimated at about $1 trillion (£494bn)".[4]

As indicated on the pages devoted to political corruption, efforts have been made in recent years by the international community to encourage countries to dissociate and incriminate as separate offences, active and passive bribery. From a legal point of view, active bribery can be defined for instance as the promising, offering or giving by any person, directly or indirectly, of any undue advantage [to any public official], for himself or herself or for anyone else, for him or her to act or refrain from acting in the exercise of his or her functions. (article 2 of the Criminal Law Convention on Corruption (ETS 173) of the Council of Europe). Passive bribery can be defined as the request or receipt [by any public official], directly or indirectly, of any undue advantage, for himself or herself or for anyone else, or the acceptance of an offer or a promise of such an advantage, to act or refrain from acting in the exercise of his or her functions (article 3 of the Criminal Law Convention on Corruption (ETS 173)).

The reason for this dissociation is to make the early steps (offering, promising, requesting an advantage) of a corrupt deal already an offence and, thus, to give a clear signal (from a criminal policy point of view) that bribery is not acceptable. Besides, such a dissociation makes the prosecution of bribery offences easier since it can be very difficult to prove that two parties (the bribe-giver and the bribe-taker) have formally agreed upon a corrupt deal. Besides, there is often no such formal deal but only a mutual understanding, for instance when it is common knowledge in a municipality that to obtain a building permit one has to pay a "fee" to the decision maker to obtain a favourable decision.

Government

Article II, Section 4, United States Constitution v. SCOTUS Police, Outside the Third Guantanamo Hearing (Washington, DC)
Article II, Section 4 of the United States Constitution

A grey area may exist when payments to smooth transactions are made. United States law is particularly strict in limiting the ability of businesses to pay for the awarding of contracts by foreign governments; however, the Foreign Corrupt Practices Act contains an exception for "grease payments"; very basically, this allows payments to officials in order to obtain the performance of ministerial acts which they are legally required to do, but may delay in the absence of such payment. In some countries, this practice is the norm, often resulting from a developing nation not having the tax structure to pay civil servants an adequate salary. Nevertheless, most economists regard bribery as a bad thing because it encourages rent seeking behaviour. A state where bribery has become a way of life is a kleptocracy.

Recent evidence suggests that the act of bribery can have political consequences- with citizens being asked for bribes becoming less likely to identify with their country, region and/or tribal unit.[5][6]

Tax treatment

The tax status of bribes is an issue for governments since the bribery of government officials impedes the democratic process and may interfere with good government. In some countries, such bribes are considered tax-deductible payments. However, in 1996, in an effort to discourage bribery, the OECD Council recommended that member countries cease to allow the tax-deductibility of bribes to foreign officials. This was followed by the signing of the Anti-Bribery Convention[7]. Since that time, the majority of the OECD countries which are signatories of the convention have revised their tax policies according to this recommendation and some have extended the measures to bribes paid to any official, sending the message that bribery will no longer be tolerated in the operations of the government.[8]

As any monetary benefit received from an illegal activity such as bribery is generally considered part of one's taxable income, however, as its criminal, some governments may refuse to accept it as income as it may mean they are a party to the activity.[9]

Medicine

Pharmaceutical corporations may seek to entice doctors to favor prescribing their drugs over others of comparable effectiveness. If the medicine is prescribed heavily, they may seek to reward the individual through gifts.[10] The American Medical Association has published ethical guidelines for gifts from industry which include the tenet that physicians should not accept gifts if they are given in relation to the physician's prescribing practices.[11] Doubtful cases include grants for traveling to medical conventions that double as tourist trips.

Dentists often receive samples of home dental care products such as toothpaste, which are of negligible value; somewhat ironically, dentists in a television commercial will often state that they get these samples but pay to use the sponsor's product.

In countries offering state-subsidized or nationally funded healthcare where medical professionals are underpaid, patients may use bribery to solicit the standard expected level of medical care. For example, in many formerly Communist countries from what used to be the Eastern Bloc it may be customary to offer expensive gifts to doctors and nurses for the delivery of service at any level of medical care in the non-private health sector.[12][13]

Politics

Caution bribe coming through washington dc 1
Demonstration in Washington, DC

Politicians receive campaign contributions[14] and other payoffs from powerful corporations, organizations or individuals in return for making choices in the interests of those parties, or in anticipation of favorable policy, also referred to as lobbying. This is not illegal in the United States and forms a major part of campaign finance, though it is sometimes referred to as the money loop. However, in many European countries, a politician accepting money from a corporation whose activities fall under the sector they currently (or are campaigning to be elected to) regulate would be considered a criminal offence, for instance the "Cash-for-questions affair" and "Cash for Honours" in the United Kingdom. A grey area in these democracies is the so-called "revolving door", whereby politicians are offered highly-paid, often consultancy jobs upon their retirement from politics by the corporations they regulate while in office, in return for enacting legislation favourable to the corporation whilst in office – a conflict of interest. Convictions for this form of bribery are easier to obtain with hard evidence, that is a specific amount of money linked to a specific action by the recipient of the bribe. Such evidence is frequently obtained using undercover agents, since evidence of a quid pro quo relation can often be difficult to prove. See also influence peddling and political corruption. Recent evidence suggests that demands for bribes can adversely impact citizen level of trust and engagement with the political process.

Business

Say no to bribes in Chipata, Zambia
A campaign to prevent bribes in Zambia.

Employees, managers, or salespeople of a business may offer money or gifts to a potential client in exchange for business.

For example, in 2006, German prosecutors conducted a wide-ranging investigation of Siemens AG to determine if Siemens employees paid bribes in exchange for business.

In some cases where the system of law is not well-implemented, bribes may be a way for companies to continue their businesses. In the case, for example, custom officials may harass a certain firm or production plant, officially stating they are checking for irregularities, halting production or stalling other normal activities of a firm. The disruption may cause losses to the firm that exceed the amount of money to pay off the official. Bribing the officials is a common way to deal with this issue in countries where there exists no firm system of reporting these semi-illegal activities. A third party, known as a White Glove, may be involved to act as a clean middleman.

Specialist consultancies have been set up to help multinational companies and small and medium enterprises with a commitment to anti-corruption to trade more ethically and benefit from compliance with the law.

Contracts based on or involving the payment or transfer of bribes ("corruption money", "secret commissions", "pots-de-vin", "kickbacks") are void.[15]

In 2012, The Economist noted:

Bribery would be less of a problem if it wasn't also a solid investment. A new paper by Raghavendra Rau of Cambridge University and Yan Leung Cheung and Aris Stouraitis of the Hong Kong Baptist University examines 166 high-profile cases of bribery since 1971, covering payments made in 52 countries by firms listed on 20 different stockmarkets. Bribery offered an average return of 10 to 11 times the value of the bung paid out to win a contract, measured by the jump in stockmarket value when the contract was won. America's Department of Justice found similarly high returns in cases it has prosecuted.[16]

In addition, a survey conducted by auditing firm Ernst & Young (EY) in 2012 found that 15 percent of top financial executives are willing to pay bribes in order to keep or win business. Another 4 percent said they would be willing to misstate financial performance. This alarming indifference represents a huge risk to their business, given their responsibility.[17]

Sport corruption

Referees and scoring judges may be offered money, gifts, or other compensation to guarantee a specific outcome in an athletic or other sports competition. A well-known example of this manner of bribery in the sport would be the 2002 Olympic Winter Games figure skating scandal, where the French judge in the pairs competition voted for the Russian skaters in order to secure an advantage for the French skaters in the ice dancing competition.

Additionally, bribes may be offered by cities in order to secure athletic franchises, or even competitions, as happened with the 2002 Winter Olympics. It is common practice for cities to "bid" against each other with stadiums, tax benefits, and licensing deals.[18]

Prevention

Legislation

The U.S. introduced the Foreign Corrupt Practices Act in 1977 to address bribery of foreign officials. The Foreign Corrupt Practices Act, or FCPA, was introduced to prevent the influencing of foreign officials by companies through rewards or payments. This legislation dominated international anti-corruption enforcement until around 2010 when other countries began introducing broader and more robust legislation, notably the United Kingdom Bribery Act 2010.[19][20] The International Organization for Standardization introduced an international anti-bribery management system standard in 2016.[21] In recent years, cooperation in enforcement action between countries has increased.[22]

Under 18 U.S. Code § 201 – Bribery of public officials and witnesses, the law strictly prohibits any type of promising, giving, or offering of value to a public official. A public official is further defined as anyone who holds public or elected office. [1] Another stipulation of the law in place condemns the same kind of offering, giving, or coercing a witness in a legal case to changing their story. [2] The minimum penalty for either of these offenses is 10 years, and a potential fine. [3]

Businesses

Programs of prevention need to be properly designed and meet with international standards of best practice. To ensure respect for a program, whether it be on the part of employees or business partners, external verification is necessary. International best practices such as the Council for Further Combating Bribery of Foreign Public Officials in International Business Transactions, Annex 2;[17] the ISO 26000 norm (section 6.6.3) or TI Business Principles for Countering Bribery[23] are used in external verification processes to measure and ensure that a program of bribery prevention works and is consistent with international standards. Another reason for businesses to undergo external verification of their bribery prevention programs is that it means evidence can be provided to assert that all that was possible was done to prevent corruption. Companies are unable to guarantee corruption has never occurred; what they can do is provide evidence that they did their best to prevent it.

There is no federal statute under the U.S Law that prohibits or regulates any type of private or commercial bribery. There is a way for prosecutors to try people for bribery by using existing laws. Section 1346 of Title 18 can be used by prosecutors, to try people for ‘a scheme or artifice to deprive another of the intangible right to honest services,’ under the mail and wire fraud statutes. [4] Prosecutors have always successfully prosecuted private company employees for breaching a fiduciary duty and taking bribes, under Honest services fraud.

There are also cases of successful prosecution of bribery in the case of international business. The DOJ has used the Travel Act, 18 USC Section 1952 to prosecute bribery. Under the Travel Act, it is against the law, domestically and internationally, to utilize‘the mail or any facility in interstate or foreign commerce’ with intent to ‘promote, manage, establish, carry on, or facilitate the promotion, management, establishment or carrying on, of any unlawful activity’. [5]

Notable instances

  • Spiro Agnew, American Vice President who resigned from office in the aftermath of discovery that he took bribes while serving as Governor of Maryland.[24]
  • Duke Cunningham, United States Navy veteran and former Republican member of the United States House of Representatives from California's 50th Congressional District resigned after pleading guilty to accepting at least $2.4 million in bribes and under-reporting his income for 2004.[25]
  • Gerald Garson, former New York Supreme Court Justice, convicted of accepting bribes to manipulate outcomes of divorce proceedings.
  • Andrew J. Hinshaw, Republican, former congressman from California's 40th district, convicted of accepting bribes.
  • John Jenrette, Democrat, former congressman from South Carolina's 6th district, convicted of accepting a bribe in the FBI's Abscam operation.
  • Donald "Buz" Lukens, Republican, former congressman from Ohio's 8th district, charged with delinquency of a minor and convicted of bribery and conspiracy.
  • Martin Thomas Manton, former U.S. federal judge convicted of accepting bribes.
  • Rick Renzi, Republican, former congressman from Arizona's 1st district, found guilty of 17 counts including wire fraud, conspiracy, extortion, racketeering, and money laundering.
  • Dianne Wilkerson, Democrat, former Massachusetts state senator pleaded guilty to eight counts of attempted extortion.
  • Lee Myung-Bak, former South Korean president was found guilty of accepting nearly $6 million bribes from Samsung in exchange for a presidential pardon for Samsung Chairman Lee Kun-hee.[26]
  • Pakistan cricket spot-fixing controversy, Mohammad Asif, Mohammad Amir and Salman Butt, Pakistani cricketers found guilty of accepting bribes to bowl no-balls against England at certain times.
  • Tangentopoli (Italian for "city of bribes") was a huge bribery scandal in early 1990s Italy, which brought down the whole system of political parties, when it was uncovered by the Mani pulite investigations. At one point roughly half of members of parliament were under investigation.
  • Ralph Lauren, clothing retailer, was found guilty of making illegal payments and giving gifts to foreign officials in an attempt to circumvent custom' inspections and paperwork.[27]

See also

References

  •  This article incorporates text from a publication now in the public domainChisholm, Hugh, ed. (1911). "Bribery" . Encyclopædia Britannica (11th ed.). Cambridge University Press.
  1. ^ What is bribery?, Black's Law Dictionary, archived from the original on October 1, 2015, retrieved September 30, 2015
  2. ^ Staff, LII (6 August 2007). "Bribery". LII / Legal Information Institute. Archived from the original on 8 March 2018. Retrieved 8 May 2018.
  3. ^ See generally T. Markus Funk, "Don't Pay for the Misdeeds of Others: Intro to Avoiding Third-Party FCPA Liability," 6 BNA White Collar Crime Report 33 (January 13, 2011) Archived March 16, 2014, at the Wayback Machine (discussing bribery in the context of the Foreign Corrupt Practices Act).
  4. ^ "BBC NEWS – Business – African corruption 'on the wane'". bbc.co.uk. Archived from the original on 2009-04-22.
  5. ^ Hamilton, A.; Hudson, J. (2014). "Bribery and Identity: Evidence from Sudan" (PDF). Bath Economic Research Papers, No 21/14. Archived (PDF) from the original on 2014-05-02.
  6. ^ Hamilton, A.; Hudson, J. (2014). "The Tribes that Bind: Attitudes to the Tribe and Tribal Leader in the Sudan" (PDF). Bath Economic Research Papers 31/14. Archived (PDF) from the original on 2015-02-06.
  7. ^ "OECD Anti Bribery Convention". Archived from the original on 2015-09-05.
  8. ^ "OECD Anti-corruption and integrity in the public sector". Archived from the original on 2018-03-05.
  9. ^ PinoyMoneyTalk (8 January 2007). "Income from scams and bribes are also taxable". pinoymoneytalk.com. Archived from the original on 14 February 2018. Retrieved 8 May 2018.
  10. ^ "Let the Sunshine in." The Economist Newspaper. Archived 2017-10-22 at the Wayback Machine Ecomomist.com (from Print Edition). 02 Mar. 2013. Retrieved 02 Dec. 2014.
  11. ^ "About the House of Delegates". ama-assn.org. 15 April 2018. Archived from the original on 16 April 2018.
  12. ^ Lewis, Mauree. (2000). Who is paying for healthcare in Eastern Europe and Central Asia? World Bank Publications.
  13. ^ Bribes for basic care in Romania Archived 2007-11-18 at the Wayback Machine. The Guardian Weekly (March 26th 2008).
  14. ^ "OECD work on Money in Politics & Policy Capture". Archived from the original on 2018-03-14.
  15. ^ International principle of law Trans-Lex.org Archived 2011-01-21 at the Wayback Machine
  16. ^ "You get who you pay for". The Economist (2 June 2012). Archived from the original on 2 June 2012. Retrieved 2 June 2012.
  17. ^ a b "OECD Anti-Bribery Convention". Archived from the original on 2015-09-05.
  18. ^ "OECD work on preventing corruption in sporting events and promoting responsible business conduct". Archived from the original on 2018-03-08.
  19. ^ "Differences between the UK Bribery Act and the US Foreign Corrupt Practices Act". Archived from the original on 2018-03-09. Retrieved 2018-03-09.
  20. ^ Breslin, Brigid; Doron Ezickson; John Kocoras (2010). "The Bribery Act 2010: raising the bar above the US Foreign Corrupt Practices Act". Company Lawyer. Sweet & Maxwell. 31 (11): 362. ISSN 0144-1027.
  21. ^ "New global framework for anti-bribery and corruption compliance programs Freshfields knowledge". knowledge.freshfields.com. Archived from the original on 2018-05-08. Retrieved 2018-03-09.
  22. ^ "Anti-bribery and corruption: global enforcement and legislative developments 2017" (PDF). Freshfields Bruckhaus Deringer. January 2017. Archived (PDF) from the original on 2017-09-05. Retrieved 9 March 2018.
  23. ^ "TI Business Principles for Countering Bribery. Available Online. Accessed on May 23, 2012" (PDF). Archived from the original (PDF) on June 2, 2013. Retrieved 2013-04-20.
  24. ^ "Spiro T. Agnew, Point Man for Nixon Who Resigned Vice Presidency, Dies at 77". The New York Times. September 19, 1996.
  25. ^ "House speaker says Cunningham faces 'serious consequences'". NC Times. Archived from the original on 2012-09-03.
  26. ^ Jeong, Andrew (2018-04-09). "Former South Korean President Lee Indicted on Graft Charges". Wall Street Journal. ISSN 0099-9660. Retrieved 2018-04-09.
  27. ^ "Ralph Lauren Corp. Agrees to Pay Fine in Bribery Case". The New York Times. April 22, 2013.

External links

1922 VFA season

The 1922 Victorian Football Association season was the 44th season of the Australian rules football competition. The premiership was won by the Port Melbourne Football Club, after it defeated Footscray by two points on 23 September, in a controversial Grand Final which several of its players were offered money to throw. It was the club's third VFA premiership.

2015 Greek football scandal

The 2015 Greek football scandal emerged on 6 April 2015 when prosecutor Aristidis Korreas' 173-page work was revealed. Telephone tapping operated by the National Intelligence Service of Greece since 2011 has played a significant role in the case. According to the prosecutor's conclusion, Olympiakos F.C. owner Evangelos Marinakis along with Greek Football Federation members Theodoros Kouridis, and Georgios Sarris are suspected of directing a criminal organization since 2011. The goal behind their scheme was to "absolutely control Greek football's fate by the methods of blackmailing and fraud", exploiting the self-governing ("autonomy") status of national football federations promoted by FIFA and UEFA. Referees, judges, football directors and chairmen are also involved in the scandal. All defendants deny charges. Olympiakos are the champions of the Greek Superleague at the time.

Bribery Act 2010

The Bribery Act 2010 (c.23) is an Act of the Parliament of the United Kingdom that covers the criminal law relating to bribery. Introduced to Parliament in the Queen's Speech in 2009 after several decades of reports and draft bills, the Act received the Royal Assent on 8 April 2010 following cross-party support. Initially scheduled to enter into force in April 2010, this was changed to 1 July 2011. The Act repeals all previous statutory and common law provisions in relation to bribery, instead replacing them with the crimes of bribery, being bribed, the bribery of foreign public officials, and the failure of a commercial organisation to prevent bribery on its behalf.

The penalties for committing a crime under the Act are a maximum of 10 years' imprisonment, along with an unlimited fine, and the potential for the confiscation of property under the Proceeds of Crime Act 2002, as well as the disqualification of directors under the Company Directors Disqualification Act 1986. The Act has a near-universal jurisdiction, allowing for the prosecution of an individual or company with links to the United Kingdom, regardless of where the crime occurred. Described as "the toughest anti-corruption legislation in the world", concerns have been raised that the Act's provisions criminalise behaviour that is acceptable in the global market, and puts British business at a competitive disadvantage.

Corruption

Individual nation articles should be consulted on specific national responses to corruption.In general, corruption is a form of dishonesty or criminal activity undertaken by a person or organization entrusted with a position of authority, often to acquire illicit benefit. Corruption may include many activities including bribery and embezzlement, though it may also involve practices that are legal in many countries. Political corruption occurs when an office-holder or other governmental employee acts in an official capacity for personal gain. Corruption is most commonplace in kleptocracies, oligarchies, narco-states and mafia states.

Corruption can occur on different scales. Corruption ranges from small favors between a small number of people (petty corruption), to corruption that affects the government on a large scale (grand corruption), and corruption that is so prevalent that it is part of the everyday structure of society, including corruption as one of the symptoms of organized crime. Corruption and crime are endemic sociological occurrences which appear with regular frequency in virtually all countries on a global scale in varying degree and proportion. Individual nations each allocate domestic resources for the control and regulation of corruption and crime. Strategies to counter corruption are often summarized under the umbrella term anti-corruption.

Corruption in the Philippines

The Philippines suffers from widespread corruption. Means of corruption include graft, bribery, embezzlement, backdoor deals, nepotism, and patronage.

Fahad Al-Mirdasi

Fahad Al-Mirdasi (born 16 August 1985) is a Saudi Arabian football referee who served as a full international for FIFA from 2011 to 2018, when he was banned for life for match-fixing.

Financial crime

Financial crime is crime committed against property, involving the unlawful conversion of the ownership of property (belonging to one person) to one's own personal use and benefit. Financial crimes may involve fraud (cheque fraud, credit card fraud, mortgage fraud, medical fraud, corporate fraud, securities fraud (including insider trading), bank fraud, insurance fraud, market manipulation, payment (point of sale) fraud, health care fraud); theft; scams or confidence tricks; tax evasion; bribery; seduction; embezzlement; identity theft; money laundering; and forgery and counterfeiting, including the production of Counterfeit money and consumer goods.

Financial crimes may involve additional criminal acts, such as computer crime, elder abuse, burglary, armed robbery, and even violent crime such as robbery or murder. Financial crimes may be carried out by individuals, corporations, or by organized crime groups. Victims may include individuals, corporations, governments, and entire economies.

Foreign Corrupt Practices Act

The Foreign Corrupt Practices Act of 1977 (FCPA) (15 U.S.C. § 78dd-1, et seq.) is a United States federal law known primarily for two of its main provisions: one that addresses accounting transparency requirements under the Securities Exchange Act of 1934 and another concerning bribery of foreign officials. The Act was amended in 1988 and in 1998, and has been subject to continued congressional concerns, namely whether its enforcement discourages U.S. companies from investing abroad.

Holyland Case

The Holyland Case, named for the Holyland Park building complex in Jerusalem, Israel, was a high-profile corruption case in which top Israeli officials were charged with bribery and money laundering, among them former Israel Prime Minister Ehud Olmert and former Mayor of Jerusalem Uri Lupolianski. Of the 13 defendants, three were acquitted and ten, including Olmert, were found guilty.

ISO 37001

ISO 37001 Anti-bribery management systems -- Requirements with guidance for use identifies a management standard to help organizations in the fight against corruption, by establishing a culture of integrity, transparency and compliance. The anti-bribery management system can be a stand-alone system or integrated into an already implemented management system such as the Quality Management System ISO 9001. An organization can choose to implement the anti-bribery management system in conjunction with or as part of other systems, such as those relating to quality, environment and safety.

Kickback (bribery)

A kickback is a form of negotiated bribery in which a commission is paid to the bribe-taker in exchange for services rendered. Generally speaking, the remuneration (money, goods, or services handed over) is negotiated ahead of time. The kickback varies from other kinds of bribes in that there is implied collusion between agents of the two parties, rather than one party extorting the bribe from the other. The purpose of the kickback is usually to encourage the other party to cooperate in the illegal scheme.The term "kickback" comes from colloquial English language, and describes the way a recipient of illegal gain "kicks back" a portion of it to another person for that person's assistance in obtaining it.

Law enforcement in Sri Lanka

Law enforcement in Sri Lanka falls under the jurisdiction of the Sri Lanka Police, the national law enforcement agency.

Moreover, the Sri Lanka Police includes several specialized agencies. The Criminal Investigation Department (CID) is a national unit tasked with investigations of serious crimes. The Special Task Force is reproducible for Counter-Terrorist and Counter-Insurgency operations. Other include the Traffic Police, Police Narcotic Bureau and the Children & Women Bureau.

Limited law enforcement authority is also given to other departments of the government for specific reasons. The Sri Lanka Customs and Department of Excise have certain police powers within ports, airports and other customs and excise related matters. The Commission to Investigate Allegation of Bribery or Corruption (CIABOC), commonly referred to as the Bribery Commission has powers to arrest persons suspected of bribery or corruption. The Department of Coast Guard has law enforcement powers in the territorial waters of Sri Lanka. The military has police powers limited to military personnel, mainly for internal investigation and guarding military facilities.

Lockheed bribery scandals

The Lockheed bribery scandals encompassed a series of bribes and contributions made by officials of U.S. aerospace company Lockheed from the late 1950s to the 1970s in the process of negotiating the sale of aircraft.The scandal caused considerable political controversy in West Germany, Italy, the Netherlands and Japan. In the U.S., the scandal nearly led to Lockheed's downfall, as it was already struggling due to the commercial failure of the L-1011 TriStar airliner.

OECD Anti-Bribery Convention

The OECD Anti-Bribery Convention (officially Convention on Combating Bribery of Foreign Public Officials in International Business Transactions) is an anti-corruption convention of the OECD aimed at reducing political corruption and corporate crime in developing countries, by encouraging sanctions against bribery in international business transactions carried out by companies based in the Convention member countries. Its goal is to create a truly level playing field in today's international business environment. The Convention requires adherents to criminalise acts of offering or giving bribe, but not of soliciting or receiving bribes.

A 2017 study found that multinational corporations that were subject to the OECD Anti-Bribery Convention were less likely to engage in bribery than corporations that were based in non-member states.

Officials implicated by the anti-corruption campaign in China (2012–2017)

Over one hundred officials of provincial-ministerial level and above have been implicated by the anti-corruption campaign in China, which began after the 18th Party Congress in 2012. The number of officials implicated below the provincial level are much higher. The tables on this list includes only officials for which a case has been initiated by the Central Commission for Discipline Inspection.

Political corruption

Political corruption is the use of powers by government officials or their network contacts for illegitimate private gain. An illegal act by an officeholder constitutes political corruption only if the act is directly related to their official duties, is done under color of law or involves trading in influence.

Forms of corruption vary, but include bribery, extortion, cronyism, nepotism, parochialism, patronage, influence peddling, graft, and embezzlement. Corruption may facilitate criminal enterprise such as drug trafficking, money laundering, and human trafficking, though is not restricted to these activities. Misuse of government power for other purposes, such as repression of political opponents and general police brutality, is also considered political corruption. Masiulis case is a typical example of political corruption.

The activities that constitute illegal corruption differ depending on the country or jurisdiction. For instance, some political funding practices that are legal in one place may be illegal in another. In some cases, government officials have broad or ill-defined powers, which make it difficult to distinguish between legal and illegal actions.

Worldwide, bribery alone is estimated to involve over 1 trillion US dollars annually. A state of unrestrained political corruption is known as a kleptocracy, literally meaning "rule by thieves".

Some forms of corruption – now called "institutional corruption" – are distinguished from bribery and other kinds of obvious personal gain. A similar problem of corruption arises in any institution that depends on financial support from people who have interests that may conflict with the primary purpose of the institution.

Over time, corruption has been defined differently. For example, in a simple context, while performing work for a government or as a representative, it is unethical to accept a gift. Any free gift could be construed as a scheme to lure the recipient towards some biases. In most cases, the gift is seen as an intention to seek certain favors such as work promotion, tipping in order to win a contract, job or exemption from certain tasks in the case of junior employee giving the gift to a senior employee who can be key in winning the favor.

Siemens

Siemens AG (German pronunciation: [ˈziːməns] or [-mɛns]) is a German conglomerate company headquartered in Berlin and Munich and the largest industrial manufacturing company in Europe with branch offices abroad.

The principal divisions of the company are Industry, Energy, Healthcare (Siemens Healthineers), and Infrastructure & Cities, which represent the main activities of the company. The company is a prominent maker of medical diagnostics equipment and its medical health-care division, which generates about 12 percent of the company's total sales, is its second-most profitable unit, after the industrial automation division. The company is a component of the Euro Stoxx 50 stock market index. Siemens and its subsidiaries employ approximately 372,000 people worldwide and reported global revenue of around €83 billion in 2017 according to its earnings release.

Teapot Dome scandal

The Teapot Dome scandal was a bribery scandal involving the administration of United States President Warren G. Harding from 1921 to 1923. Secretary of the Interior Albert Bacon Fall had leased Navy petroleum reserves at Teapot Dome in Wyoming, and two locations in California, to private oil companies at low rates without competitive bidding. The leases were the subject of a sensational investigation by Senator Thomas J. Walsh. Convicted of accepting bribes from the oil companies, Fall became the first presidential cabinet member to go to prison; no one was convicted of paying the bribes.

Before the Watergate scandal, Teapot Dome was regarded as the "greatest and most sensational scandal in the history of American politics". It damaged the reputation of the Harding administration, which was already severely diminished by its controversial handling of the Great Railroad Strike of 1922 and Harding's veto of the Bonus Bill in 1922.

Vanessa L. Brown

Vanessa Lowery Brown (born 1966) is a Democratic member of the Pennsylvania House of Representatives from the 190th District. She is a member of the Pennsylvania Legislative Black Caucus. In 2018 she was convicted on seven charges related to a bribery case, six of which were felonies. She was sentenced to 23 months probation for her crimes.

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