Law Commons^™

Criminal Law Convention On Corruption And Its Relation To The Criminal Code Of Republic Of Kosovo, Bejtush Gashi, Adrianit Ibrahimi

UBT International Conference

Corruption is a global concern today and Kosovo is no exception! As a matter fact, successful combat against corruption is a crucial condition that has to be met for every legal and a democratic state. For the Republic of Kosovo this means first of all establishing a consistent legal framework based on the general principals of the European Law.

Aim of this research is to prove that in order to have a more successful combat against corruption, Kosovo has to take all measures that are foreseen from the Criminal Law Convention on Corruption, even though Kosovo has not signed this …

The Effect Of Police Oversight On Crime And Allegations Of Misconduct: Evidence From Chicago, Bocar A. Ba, Roman G. Rivera

All Faculty Scholarship

Does policing the police increase crime? We avoid simultaneity effects of increased public oversight during a major scandal by identifying events in Chicago that only impacted officers’ self-imposed monitoring. We estimate crime’s response to self- and public-monitoring using regression discontinuity and generalized synthetic control methods. Self-monitoring, triggered by police union memos, significantly reduced serious complaints without impacting crime or effort. However, after a scandal, both civilian complaints and crime rates rise, suggesting that higher crime rates following heightened oversight results from de-policing and civilian behavior simultaneously changing. Our research suggests that proactive internal accountability improves police-community relations without increasing crime.

Combatendo A Corrupção Nos Estados Unidos, Paul Marcus

Paul Marcus

The article discusses the problematic of the fight against the corruption by the criminal justice system of the United States, mainly the white-collar crimes. It is emphasized, first, that in most of the cases does not result in trial, but in plea bargains, and, second, in many cases the encouragement from an undercover agent has served as an effective defense instrument. Finally, it is discussed the problematic of the use of information obtained from the technological devices and its probable violation to the right privacy.

This article is in Portuguese.

Transnational Criminal Law Or The Transnational Legal Ordering Of Corruption?, Radha Ivory

UC Irvine Journal of International, Transnational, and Comparative Law

To date, “transnational criminal law” has been the dominant

paradigm for explaining and mapping rules on corruption in the

international legal literature. Transnational criminal law is presented as a

system of law descending from multilateral crime control treaties or a field or

order that emerges through international political processes of regime

formation. Transnational criminal lawyers identify and describe cross-border

legal rules, and seek to evaluate them against liberal norms of democratic

governance and individual civil and political human rights. This Article

details the limits of transnational criminal conceptions of “anticorruption”

through a study of proposed changes to Australian laws on …

"Believe Me," We Do Not Have A Foreign Emoluments Clause Violation, Scotty N. Teal

Indiana Journal of Global Legal Studies

President Trump was sued in New York District Court for allegedly violating the Foreign Emoluments Clause. In its brief, the Citizens for Responsibility and Ethics in Washington (CREW) alleged that the president's international businesses and real estate holdings positioned him to receive money from foreign governments. These business interests, or entanglements, could "sway" or create an opportunity for negative foreign influence in violation of the Emoluments Clause. CREW states that these "entanglements between American officials and foreign powers could pose a creeping, insidious threat to the Republic." CREW argued that President Trump violated the Emoluments Clause because the clause "cover[s] …

The Water Tanker Mafia, Yousuf Sajjad

MSJ Capstone Projects

This is a thesis about the Water Tanker Mafia in Karachi. The citizens of Pakistan’s largest city, Karachi suffer from an acute lack of water for drinking and domestic use. To cover for this lack of water, there is a network of tankers, run illegally but also with a large degree of connivance with parts of the state in Karachi, that provides water to the citizens of this city. This paper seeks to explain this network, its history, organization and the infrastructure in Karachi that it supports or in many cases, supersedes. This paper places the Karachi water tanker mafia …

Legal Instruments Of State Practice And International Initiatives Undertaken To Fight Corruption In The Banking And Financial Sector, N. D. Nodirxonova

International Relations: Politics, Economics, Law

In this article we analyze the legal aspects of leading international experience in countering corruption in bank and financial sectors. It must be noted that these issues have gained even more importance given the universal character of corruption related criminal activities. The trans-boundary character of this kind of crimes makes it significant to properly study and learn foreign expertise in the sphere. Having analyzed experience of various countries we have come up with relevant conclusions, regarding institutional base, legal tools, involvement of civil society actors, significance of transparency and etc.

Fcpa Enforcement Against U.S. And Non-U.S. Companies, Michael S. Diamant, Christopher W.H. Sullivan, Jason H. Smith

Michigan Business & Entrepreneurial Law Review

This Article explores how U.S. authorities have enforced the FCPA against non-U.S. companies and tests the perception that the FCPA disproportionately impacts U.S. businesses. After briefly discussing the FCPA, its enforcement, and its reach, this Article examines corporate FCPA enforcement activity since the statute’s enactment in 1977. It finds that foreign firms have actually fared worse under the FCPA despite the fact that DOJ and the SEC have brought more enforcement actions against domestic companies in absolute terms. The average cost of resolving an FCPA enforcement action to non-U.S. corporations of resolving an FCPA enforcement action has been more than …

Promoting Predictability In Business: Solutions For Overlapping Liability In International Anti-Corruption Enforcement, Andrew T. Bulovsky

Michigan Journal of International Law

This Note evaluates solutions to the problems of overlapping liability in general and multi-jurisdictional disgorgement in particular. Part I traces the origins of international anti-corruption efforts and provides an overview of the Foreign Corrupt Practices Act (the “FCPA”). It then discusses the two most significant international anti-corruption conventions: the OECD’s Convention on Combatting Bribery of Foreign Officials in International Business Transactions (the “OECD Convention”) and the United Nations Convention Against Corruption (“UNCAC”). Part II lays out the problems created by the lack of a formal mechanism to prevent overlapping liability— a phenomenon that violates the common law concept known as …

Fourth Annual Conference On The Fight Against Corruption, Florida International University College Of Law, Florida International University Global Legal Studies Initiative

FIU Law Events

Fourth Annual Conference on the Fight Against Corruption: High-Risks, High-Rewards in the Global Fight against Corruption, (Thursday, April 25 from 1:00 pm to 5:45 pm, and Friday, April 26 from 8:40 am to 1:00 pm). This international conference represents an exciting forum for anti-corruption leaders from around the world, including asset recovery practitioners, government officials, and members of civil society, to discuss and analyze the anti-corruption movement’s recent successes, as well as the challenges that remain. The speakers include a Special Representative of the OAS Secretary General, the head of the Commission Against Impunity in Guatemala, Two attorney Generals, …

Professionals, Politicos, And Crony Attorneys General: A Historical Sketch Of The U.S. Attorney General As A Case For Structural Independence, Jed Handelsman Shugerman

Faculty Scholarship

We assume that the nineteenth century was an era of patronage, and the twentieth century marked the rise of professionalization. But the Office of the Attorney General reveals an opposite pattern — a troubling rise of cronyism in the DOJ from the early twentieth century.

This Article uses the rough categories of “professional,” “politico,” and “insider” or “crony,” based on each attorney general's background and how he or she rose to the office (rather than based upon their performance in the office.) Most AGs in the nineteenth century were "politicos" (major established political figures) or "professionals" (experienced lawyers relatively separate …

Canadian Corruption And The Snc-Lavalin Affair, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

On February 7, 2019, The Globe and Mail published a report alleging that Canadian Prime Minister Justin Trudeau, together with his aides and cabinet officers, had attempted to improperly influence former Attorney General Jody Wilson-Raybould in the Canadian Justice Department’s prosecution of Montreal construction firm SNC-Lavalin. SNC-Lavalin is a major company, which employs thousands of workers and reported 10 billion Canadian Dollars in revenue in 2018. The charges against them centered around allegations that they had made numerous bribes to Libyan officials from 2001-2011 in order to secure contracts. Due to these charges, SNC-Lavalin faces a potential ban on bidding …

Making And Unmaking Citizens: Law And The Shaping Of Civic Capacity, Tabatha Abu El-Haj

University of Michigan Journal of Law Reform

American democracy is more fragile today than in recent memory. As evidence of stubborn imbalances in political influence grow, so too does public skepticism concerning the relative benefits of our democratic institutions. Scholars have taken note, and two dominant camps have emerged to offer proposals for restoring democratic accountability and responsiveness. The first, like the public, identifies the flood of money into electoral politics as the primary source of our troubles, whereas the second points to political parties as the root of the crisis. More recently, however, a nascent third approach has emerged. Looking beyond the usual suspects—money in politics …

From The Basketball Court To Federal Court: Perils Of The Prosecutorial Approach To Wire Fraud In The Ncaa Basketball Cases, Paul Tuchmann

Center for the Advancement of Public Integrity (Inactive)

Three similar criminal cases involving college basketball are currently progressing through the Southern District of New York. The first to go to trial, United States v. James Gatto, Merl Code, and Christian Dawkins, No. 17 Crim. 686, culminated in a guilty verdict on October 24, 2018, with all three defendants found guilty on charges of wire fraud and conspiracy to commit wire fraud.

The United States Attorney’s Office for the Southern District of New York alleged that the Gatto defendants participated in a scheme in which the defendants—former Adidas employees Gatto and Code, as well as aspiring sports agent …

Report Of The Task Force For The Promotion Of Public Trust: City Of Atlanta, Leah Ward Sears, Derek Alphran, O.V. Brantley, Linda Disantis, William S. Duffy Jr., Robert M. Franklin Jr., Maryanne Gaunt, Lawton Jordan, Don Penovi, Michael T. Sterling, Joseph Wilkinson Jr., Paul Zucca

Center for the Advancement of Public Integrity (Inactive)

The Task Force for the Promotion of Public Trust was formed out of a desire by the Mayor and Atlanta City Council to strengthen the City’s ethical environment and analyze the City’s existing resources pertaining to oversight and investigations currently divided among a number of City agencies. The Task Force was also asked to assess the role of the City’s Independent Compliance Office, a new investigative office created by Ordinance earlier this year. The mandate of the Task Force was to juxtapose an analysis of the operational roles of the multiple offices in Atlanta responsible for investigations, ethics, oversight, audit, …

The Guatemalan Presidential Election, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

With current President Jimmy Morales’ term concluding in 2020, the presidential election is currently underway in Guatemala to determine his successor. The Constitution of Guatemala prohibits incumbent presidents from running for a second term and several prominent political figures are competing to replace President Morales, with many accusations about their checkered political past.

Corruption In Basketball: Understanding United States V James Gatto Et. Al., Cara Christina Maines, Edward Popovici

Center for the Advancement of Public Integrity (Inactive)

In United States v. James Gatto et. al., federal prosecutors successfully argued that violations of rules adopted by private associations can form the basis for federal criminal prosecution. The convictions in the Gatto case established that rules promulgated by the National College Athletic Association, the NCAA, could serve as the basis for felony charges of, among others, wire fraud and conspiracy to commit wire fraud. The Gatto trial was part of a much larger investigation by the FBI into NCAA sports corruption. This paper will look at the NCAA investigation with a focus on James Gatto and his associates, …

Regulating Corruption In Intercountry Adoption, Jordan Bunn

Vanderbilt Journal of Transnational Law

The current regulatory system for intercountry adoption has failed parents, children, and governments. Impoverished parents and children have been exploited by crooked adoption agencies, orphanage directors, and bureaucrats looking to profit from well-meaning prospective parents who will pay significant fees in order to adopt. While the 1993 Hague Convention on the Protection of Children and Cooperation in Respect of Intercountry Adoption lays a good foundation for catching and eliminating this corruption, it has not been fully implemented in many developing countries that lack the necessary resources and infrastructure. Some critics want to give up on or significantly modify the Hague …

Promises Unfulfilled: How Investment Arbitration Tribunals Mishandle Corruption Claims And Undermine International Development, Andrew T. Bulovsky

Michigan Law Review

In recent years, the investment-arbitration and anti-corruption regimes have been in tension. Investment tribunals have jurisdiction to arbitrate disputes between investors and host states under international treaties that provide substantive protections for private investments. But these tribunals will typically decline to exercise jurisdiction over a dispute if the host state asserts that corruption tainted the investment. When tribunals close their doors to ag-grieved investors, tribunals increase the risks for investors and thus raise the cost of international investment. At the same time, the decision to decline jurisdiction creates a perverse incentive for host states to turn a blind eye to …

"Gatekeepers" Are Vital Participants In Anti-Money-Laundering Laws And Enforcement Regimes As Permission-Less Blockchain-Based Transactions Pose Challenges To Current Means To "Follow The Money", Sarah Jane Hughes

Articles by Maurer Faculty

Two phenomena dominate reports about blockchain-based transactions—that they will disrupt and displace legacy banking, securities, and trade intermediaries, and that they present new or greater opportunities for hiding proceeds of crimes or corruption. This essay does not deal with the former topic. Rather, the organizers of the symposium at George Mason University’s Antonin Scalia School of Law asks me to consider the latter question. It proved to be a tough assignment.

This essay looks at the separate questions of (1) the degree to which permission-less blockchain transactions will disrupt current anti-money laundering (AML) regimes and enforcement efforts, and (2) what …