combating global corruption (kroll-fcpa)

2
Corruption and anti-corruption: Raising the stakes Insights & Reports > Kroll Global Fraud Report In 2009, Transparency International's Global Corruption Barometer found that 69 percent of worldwide respondents believed that their national political parties were corrupt and 61 percent said the same for legislatures. Political parties and civil servants were listed as the most corrupt institutions within society. Across the globe, corruption paints a consistent picture. Corruption disproportionately impacts the least well off in all countries and afflicts worst in the poorest states. In spite of multilateral efforts to tie aid to good governance and rising awareness levels, corruption levels have barely altered in the last 10 years, evidenced by the two maps here. Two recent trends bode ill for the combat of corruption. The global financial crisis and the stimulus spending that emerged in dozens of countries around the world improved the conditions for fraud. Even more significantly, the financial crisis has helped accelerate a decade long shift in the world's economic center of gravity from a "Western" economic omnipotence to a world whose growth is driven by emerging markets . With a few notable exceptions (e.g. Chile, Qatar, Uruguay), emerging markets are still characterized by comparatively high levels of corruption. In many cases, efforts to reduce corruption in emerging markets is stymied by a lack of political will or a weak judicial system that is too easily manipulated by more powerful economic interests. The generation of wealth in emerging markets, by and large, is outpacing the speed at which these countries can reform the judicial and civil society infrastructure needed to combat corruption. In several resource rich nations, the recent commodity bonanza that endured from 2003 to 2008 may have in fact undermined a lot of positive reforms undertaken in the 90's. Globally, the fight against corruption is as challenging as ever. Meanwhile, though, Western countries are doing more to crack down on corruption by their domestic companies, including their operations overseas in emerging markets. The best example of this trend is the rapid expansion of US enforcement of its Foreign Corrupt Practices Act (FCPA). American authorities are not only increasing their number of prosecutions, they are going after a wider variety of companies – small and large, public and private. Moreover, they have indicated that they will use links with the United States to pursue cases where they find evidence of corruption. This puts almost any sizeable non-US firm within their grasp. In late 2008, the German multinational, Siemens, agreed to Global Fraud Report April 2010 Corruption and anti- corruption: Raising the stakes "Just when you thought it was safe to go back in the water..." Italian style fraud: Conflict of interest as common practice The relationship between public and private sector fraud Fraud and D&O Liability Insurance Germany's stronger anti- corruption enforcement Fraud at the breakfast table: A recipe for confronting product adulteration in agribusiness The FCPA landscape has changed: Trends in enforcement Fraud in bankruptcy in the USA How to survive and thrive in corrupt markets The ASEAN-China Free Trade Agreement: An IP protection challenge for everyone Events Locations Careers Kroll Sites Contact Us 16 December 2010 Home Services Industries Regions About Us Insights & Reports

Upload: andres-baytelman

Post on 21-Jul-2015

287 views

Category:

Business


0 download

TRANSCRIPT

Page 1: Combating Global Corruption (Kroll-FCPA)

Corruption and anti-corruption: Raising the stakes

Insights & Reports > Kroll Global Fraud Report

In 2009, Transparency International's Global Corruption Barometer found that 69percent of worldwide respondents believed that their national political partieswere corrupt and 61 percent said the same for legislatures. Political parties andcivil servants were listed as the most corrupt institutions within society.

Across the globe, corruption paints a consistent picture. Corruptiondisproportionately impacts the least well off in all countries and afflicts worst inthe poorest states. In spite of multilateral efforts to tie aid to good governanceand rising awareness levels, corruption levels have barely altered in the last 10years, evidenced by the two maps here.

Two recent trends bode ill for the combat of corruption. The global financial crisisand the stimulus spending that emerged in dozens of countries around the worldimproved the conditions for fraud.

Even more significantly, the financial crisis has helped accelerate a decade longshift in the world's economic center of gravity from a "Western" economicomnipotence to a world whose growth is driven by emerging markets. With a fewnotable exceptions (e.g. Chile, Qatar, Uruguay), emerging markets are stillcharacterized by comparatively high levels of corruption. In many cases, effortsto reduce corruption in emerging markets is stymied by a lack of political will or aweak judicial system that is too easily manipulated by more powerful economicinterests. The generation of wealth in emerging markets, by and large, isoutpacing the speed at which these countries can reform the judicial and civilsociety infrastructure needed to combat corruption. In several resource richnations, the recent commodity bonanza that endured from 2003 to 2008 mayhave in fact undermined a lot of positive reforms undertaken in the 90's.Globally, the fight against corruption is as challenging as ever.

Meanwhile, though, Western countries are doing more to crack down oncorruption by their domestic companies, including their operations overseas inemerging markets. The best example of this trend is the rapid expansion of USenforcement of its Foreign Corrupt Practices Act (FCPA). American authorities arenot only increasing their number of prosecutions, they are going after a widervariety of companies – small and large, public and private. Moreover, they haveindicated that they will use links with the United States to pursue cases wherethey find evidence of corruption. This puts almost any sizeable non-US firmwithin their grasp. In late 2008, the German multinational, Siemens, agreed to

Global Fraud ReportApril 2010

Corruption and anti-corruption: Raising the stakes

"Just when you thought it wassafe to go back in the water..."

Italian style fraud: Conflict ofinterest as common practice

The relationship betweenpublic and private sector fraud

Fraud and D&O LiabilityInsurance

Germany's stronger anti-corruption enforcement

Fraud at the breakfast table: Arecipe for confronting productadulteration in agribusiness

The FCPA landscape haschanged: Trends inenforcement

Fraud in bankruptcy in theUSA

How to survive and thrive incorrupt markets

The ASEAN-China Free TradeAgreement: An IP protectionchallenge for everyone

Events Locations Careers Kroll Sites Contact Us16 December 2010

Home Services Industries Regions About Us Insights & Reports

abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Oval
abaytelman
Line
abaytelman
Line
abaytelman
Line
abaytelman
Rectangle
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
Page 2: Combating Global Corruption (Kroll-FCPA)

pay a total of US$1.6 billion in fines to United States and German authorities tosettle an investigation. In February 2010, British defense supplier BAE Systemsagreed to pay nearly US$450 million to American and British authorities. The netresult is that, even as globalizing companies face increasing opportunities toengage in corruption, particularly in emerging markets, the risks and costs ofdoing so are rising dramatically.

This issue of the Global Fraud Report is designed to help readers betterunderstand the changing dynamic of global corruption. Of course, this is but onechallenge facing companies so we have dedicated content to addressing othertimely concerns including: the intellectual property fraud implications of the newChina-ASEAN Free Trade Agreement; and some of the ongoing implications ofthe economic downturn.

Home | Terms & Conditions | Privacy Policy | Site GuideCopyright © 2010 Kroll

abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Highlight
abaytelman
Oval
abaytelman
Oval
abaytelman
Oval
abaytelman
Line