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Standard anticorruption interventions consist of intensified monitoring and sanctioning. Rooted in principal-agent theory, these interventions are based on the assumption that corrupt acts follow a rational cost-benefit calculation by gain-seeking individuals. Given their mixed results, however,...
Persistent link: https://www.econbiz.de/10012838125
In major legal orders such as UK, the U.S., Germany, and France, bribers and recipients face equally severe criminal sanctions. In contrast, countries like China, Russia, and Japan treat the briber more mildly. Given these differences between symmetric and asymmetric punishment regimes for...
Persistent link: https://www.econbiz.de/10010286689
This paper argues that contracts induced by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It...
Persistent link: https://www.econbiz.de/10009425285
In major legal orders such as UK, the U.S., Germany, and France, bribers and recipients face equally severe criminal sanctions. In contrast, countries like China, Russia, and Japan treat the briber more mildly. Given these differences between symmetric and asymmetric punishment regimes for...
Persistent link: https://www.econbiz.de/10009487845
This paper argues that contracts induced by means of bribery should be valid. Nullity and voidability decrease the incentive for voluntary disclosure, assist corrupt actors with enforcing their bribe agreements and provide leeway for abuse. Thus, they run counter to effective anti-corruption. It...
Persistent link: https://www.econbiz.de/10009746174
The UK Anti-Bribery Act makes both bribery of a public official and private-to-private commercial bribery illegal; it imposes a (strict liability) offense for commercial organizations which fail to prevent bribery by persons associated with them. The Act has extraterritorial effect and applies...
Persistent link: https://www.econbiz.de/10013132600
As Government contractors expand their business overseas, they expose themselves to the risk of violating the Foreign Corrupt Practices Act (FCPA) and the high sanctions that accompany those violations. Given the nature of a Government contractor's business, they are naturally at greater risk of...
Persistent link: https://www.econbiz.de/10013114130
Recent years have seen an explosion in the number of Foreign Corrupt Practices Act ("FCPA") enforcement actions by the U.S. government. International corporations have been faced with the challenge of complying with the FCPA in nations whose cultural and legal treatment of corruption can vary...
Persistent link: https://www.econbiz.de/10013087518
Persistent link: https://www.econbiz.de/10013091371
Corruption has long been endemic in Indian telecommunications. Individuals and small contractors must pay bribes or "facilitation fees" to obtain a fixed line or to release a payment for a contract or, even, a pension. Investigation of complaints about the government and state-owned operators...
Persistent link: https://www.econbiz.de/10013067487