Digital Commons Network^™

Combating Corruption In Heavily Indebted African Nations: The Role Of A Transparent Public Procurement System, Lauren G. Harkins

Washington Semester Program

This paper explores the implementation of transparency-focused public procurement reforms adopted during the HIPC Initiative and compares longitudinal corruption trends in 18 African countries after the reform initiative. Using IMF documentation and WGI corruption data, the study compares countries that implemented procurement and financial transparency measures with those that did not. The results show no consistent link between these reforms and improved corruption scores, highlighting the influence of political instability, sector-specific conditions, and limited implementation capacity. The study underscores the importance of realistic, incremental reforms and adequate institutional support, especially as countries adopt electronic procurement systems.

Impact Of Internal Control On Fraud In Ghana’S Cap 30 Pension Payment, David Annan-Bonny

Walden Dissertations and Doctoral Studies

The Pensions Ordinance No. 42 of 1950 (Pensions Act 1950), coded as the Cap 30 pension system, provides for pensions, gratuities, and other allowances for public servants. But despite internal controls, Ghana’s Cap 30 pension payment system continues to suffer from corruption. The purpose of this study was to explore the impact of internal controls on fraud in the payment of Cap 30 pension gratuities and allowances at the national treasury in Ghana as well as the factors that inhibit the effective application of internal controls in the processing, computation, and payment of Cap 30 pension gratuities and allowances. The …

Forensic Accounting Education, Practice, And Career Path In Saudi Arabia, Mohammed Alzahrane

USF Tampa Graduate Theses and Dissertations

The various high-profile cases of financial fraud that threatened to or led to the downfall of high ranking companies have reinforced the need to equip accounting professionals with the skills necessary to detect and investigate fraud. This study aims to evaluate forensic accountants' effectiveness in Saudi Arabia in meeting the needs of the judicial system and their clients. The study also seeks to explore forensic accounting in depth through the opinions, thoughts, concerns, conceptualizations, and experiences of Saudi judges who are routinely involved in forensic accounting cases. These cases often require expert testimony (i.e., cases involving, but not limited to, …

The Verbal And Non-Verbal Indicators Of Deceit In Financial And Political Fraud: A Case Study Of Bernard L. Madoff, Chen Shui-Bien And Bo Xilai, Vivian Wu

Department of Conflict Resolution Studies Theses and Dissertations

From the earliest financial scams of the seventeenth century, through the headlinegrabbing Wall Street scandals of our time, financial fraud and embezzlement have damaged both domestic and global economic systems. Preventative measures are the best way to reduce fraud. Fraudsters are adaptive and will find ways to circumvent such measures. Detecting fraud is essential once the prevention mechanisms have failed. This dissertation investigated the inherent problems of financial fraud detection for high stake fraudsters in the corporate and political fields in the United States, China and Taiwan. Both verbal and non-verbal signs of deception were examined in the case studies …

A Dive Into Eb-5: A Need For Complete Modernization Of U.S. Investor-Based Immigration Program Or Eb-5 (Employment-Based Immigration: Fifth Preference), James Reiser

Touro Law Review

No abstract provided.

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 …

Japan, Panama, And The United States: The Influence Of Cultural Values And Personal Ethics On Fraud Prevention Awareness, Rachel Elizabeth Williamson

Honors Theses

Fraud is defined as the intentional misrepresentation of facts for the purpose of personal gain, whether financial or otherwise. Transparency International’s annual global Corruption Perceptions Index (CPI) has revealed that different countries have different perceived levels of corruption. Japan, Panama, and the United States were chosen as the countries in which to distribute a three-part questionnaire, measuring fraud awareness (FA), personal consumer ethics (EQ), and cultural values (CV), respectively. This survey was distributed to college students in each country who had not yet taken a business ethics course, in order to get a picture of inherent differences between the countries …

Ethics, Law Firms, And Legal Education, Milton C. Regan Jr.

Maine Law Review

A rash of recent corporate scandals has once again put professional ethics in the spotlight. It's hard to pick up the Wall Street Journal each day and not read that authorities have launched a new investigation or that additional indictments are imminent. Stories of financial fraud and outright looting have galvanized the public and shaken the economy. What ethical lessons can we draw from these events? Two explanations seem especially prominent. The first is a story of individuals without an adequate moral compass. Some people's greed and ambition were unchecked by any internal ethical constraints. For such deviants, no amount …

An Analysis Of Corruption In China: The Guanxi Network Of Chinese High Level Officials And Governors, Xiangru Yin

Sustainability and Social Justice

ABSTRACT

AN ANALYSIS OF CORRUPTION IN CHINA: THE GUANXI NETWORK OF CHINESE HIGH LEVEL OFFICIALS AND GOVERNORS

Xiangru YIN

Corruption is considered as one of the biggest hurdles faced by the Chinese government, as it has the effect of thwarting economic growth by perpetuating poverty and income inequality, and discouraging foreign investments into the country. However, unlike other countries, China is a special case because of the Chinese concept of guanxi that highlights the importance of maintaining relationships and networks. This system helps to better understand corruption in the Chinese context. The rules of guanxi are deeply embedded in Chinese …

How May The United States Leverage Its Fatca Iga Bilateral Process To Incentivize Good Tax Administrations Among The World Of Black Hat And Grey Hat Governments? A Carrot & Stick Policy Proposal, William Byrnes

Faculty Scholarship

Professor William Byrnes examines whether it is prudent for taxpayers to trust the governments of the 117 countries that scored a fifty or below on Transparency International’s corruption index. The complete information system invoked by the Foreign Account Tax Compliance Act (FATCA) encourages, even prolongs, the bad behavior of black hat governments by providing fuel (financial information) to feed the fire of corruption and suppression of rivals. Professor Byrnes recommends that the United States leverage a “carrot-stick” policy tool to incentivize bad actors to adopt best tax administration practices.

Skilling: More Blind Monks Examining The Elephant, Julie Rose O'Sullivan

Fordham Urban Law Journal

No abstract provided.

Prison Corruption: The Problem And Some Potential Solutions, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Corruption occurs in the American prison system in a variety of forms. In the most basic version, correction officers accept bribes or sexual favors to smuggle weapons, drugs, or cell phones to inmates, or to provide inmates with other benefits. Other kinds of prison corruption can involve higher-level prison officials. For example, some prison officials have been implicated in pay-to-play schemes with private prisons. In other cases prison supervisors and administrators have been accused of covering up violations by correction officers or others within the prison, such as by shielding human rights abuses.

Cross-Border Corruption Enforcement: A Case For Measured Coordination Among Multiple Enforcement Authorities, Jay Holtmeier

Fordham Law Review

    The steady increase in cooperation and information sharing among governments is a trend commonly noted in discussions of current anticorruption enforcement. There is no shortage of evidence to support this observation. In 2013 and 2014 alone, the Department of Justice (DOJ) and Securities and Exchange Commission (SEC) recognized the cooperation and assistance of foreign law enforcement authorities in at least twenty-three actions brought under the U.S. Foreign Corrupt Practices Act (FCPA or “the Act”). U.S. enforcement authorities—once the world’s primary anticorruption enforcers—increasingly can and do rely on the help of their international counterparts and are pursuing more investigations that run …

Interdisciplinary Perspectives On Corruption, David Jancsics

Publications and Research

Corruption has become one of the most popular topics in the social scientific disciplines. However, there is a lack of interdisciplinary communication about corruption. Models developed by different academic disciplines are often isolated from each other. The purpose of this paper is to review several major approaches to corruption and draw them closer to each other. Most studies of corruption fall into three major categories: (i) rational-actor models where corruption is viewed as resulting from cost/benefit analysis of individual actors; (ii) structural models that focus on external forces that determine corruption; and (iii) relational models that emphasize social interactions and …

Dirty Entanglements: Corruption, Crime, And Terrorism. By Louise I. Shelley. New York, N.Y.: Cambridge University Press, 2014., Nicole K. Drumhiller

Journal of Strategic Security

No abstract provided.

Maintaining And Regaining Organizational Legitimacy : The U.S. Securities And Exchange Commission, Karen R. Bryce

Legacy Theses & Dissertations (2009 - 2024)

Focusing on organizational legitimacy is an essential element to the survival of an organization. Suchman (1995) suggests that "Legitimacy is a generalized perception or assumption that the actions of an entity are desirable, proper, or appropriate within some socially constructed system of norms, values, beliefs, and definitions" (p. 574). Legitimacy must first be gained and then maintained. If lost, legitimacy must be regained or the organization is unlikely to survive. Organizations can use both symbolic and substantive means of gaining, maintaining or regaining legitimacy. This dissertation explores organizational legitimacy by examining the case of the U.S. Securities and Exchange Commission …

Shareholder Litigation After The Meltdown, Daniel J. Morrissey

West Virginia Law Review

No abstract provided.

Government Financial Management, Strategy For Preventing Corruption In Indonesia, Haryono Umar

The South East Asian Journal of Management

In popular view, the term accountability generally refers to a wide spectrum of public expectations dealing with organizational performance, responsiveness, good governance, and even morality of government and nonprofit organizations. These expectations often include implicit performance criteria – related to obligations and responsibilities – that are subjectively interpreted and sometimes even contradictory. And in this broader conception of accountability, the range of people and institutions to whom public and nonprofit organizations must account include not only higher authorities in the institutional chain of command but also the general public, the news media, peer agencies, donors, and many other stakeholders (Kearns, …

Transnational Crime In A Global Community: The Case Of West Africa, Holly Joanna Sims

Online Theses and Dissertations

This research project is an examination of the organization and behavior of criminal group activity in the region of West Africa. An assessment of the size, structure, and type of criminal enterprises crime groups are involved in are investigated. It is also uncovered if and how groups make use of corruption, the legit economy, and influence politicians. The environment in which transnational crime is able to thrive is also of great interest as the social, political, economic, and technological changes that occurred alongside the sudden trend in transnational crime activity are considered. The information is used to generate a discussion …

Enforcing International Corrupt Practices Law, Paul D. Carrington

Michigan Journal of International Law

This Essay strives to advance the current international movement to deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in "developing" nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.

The Lion Awakens: The Foreign Corrupt Practices Act - 1977 To 2010, Michael B. Bixby

San Diego International Law Journal

This Article discusses the history, purposes and provisions of the Foreign Corrupt Practices Act, and traces its use and enforcement activity from 1977 to the present. This once little-used law has in recent years become the focus of aggressive activity by both the U.S. Department of Justice and the Securities and Exchange Commission. The manuscript also includes numerous charts reporting on key cases and enforcement activities over the last thirty-three years by the DOJ and SEC, as well as other information and statistics regarding the Foreign Corrupt Practices Act.

Tao Of Downfall: The Failures Of High-Profile Entrepreneurs In The Chinese Economic Reform, Wenxian Zhang, Ilan Alon

Faculty Publications

Through historical reviews and case studies, this research seeks to understand why some initially successful entrepreneurs failed in the economic boom of past decades. Among various factors contributed to their downfalls are a unique political and business environment, fragile financial systems, traditional cultural influences and personal characteristics. Notwithstanding that these factors should be further tested through empirical studies, those high-profile entrepreneurs are oblivious but essential actors in the grand theatre of China's economic transformation and their failures have contributed to the swift development of the Chinese entrepreneurship over the last 30 years.

Testimony Before The Financial Crisis Inquiry Commission, Miami, Florida September 21, 2010, William K. Black

Faculty Works

"Control frauds" are seemingly legitimate entities controlled by persons that use them as a fraud "weapon." (The person that controls the firm is typically the CEO, so that term is used in this testimony.) A single control fraud can cause greater losses than all other forms of property crime combined. Neo-classical economic theory, methodology, and praxis combine to optimize criminogenic environments that hyper-inflate financial bubbles and produce recurrent, intensifying financial crises. A criminogenic environment is one that creates such perverse incentives that it leads to widespread crime. Financial control frauds’ "weapon of choice" is accounting. Neoclassical theory, which dominates law …

Enforcing International Corrupt Practices Law, Paul D. Carrington

Faculty Scholarship

This Essay strives to advance the current international movement to
deter the transnational corrupt practices that have long burdened the global economy and weakened governments, especially in “developing” nations. Laws made in the last decade to address this longstanding global problem have not been effectively enforced. Described here are the moderately successful efforts in the United States since 1862 to reward private citizens serving as enforcers of laws prohibiting corrupt practices. It is suggested that this American experience might be adapted by international organizations to enhance enforcement of the new public international laws.

Daedalean Tinkering, Sean J. Griffith

Michigan Law Review

Part I of this Review describes Skeel's account of corporate scandal, focusing on the central theme of excessive risk-taking. Part II examines Skeel's most original policy proposal-the creation of an investor insurance scheme to protect against excessive risk. Although the proposal takes up only a few pages of the book, it targets the books' core concern-the risk of corporate fraud. In evaluating the proposed investor insurance regime, this Review raises a set of objections based on cost and administrability and argues that an insurance regime would be duplicative of existing mechanisms that effectively spread the risk of financial fraud. Part …

The Economic Effects Of Money Laundering On The Nigerian Economy: Some Emerging Issues., U. Kama

Economic and Financial Review

Although the economic effects of money laundering on economic development are difficult to quantify, it is evident that such activity damages the financial institutions which are critical to economic growth. Besides, it reduces productivity in the economy's real sector by diverting resources and encouraging crime and corruption, which slow economic growth. Furthermore, such activity can distort an economy's external sector through international trade and capital flows to the detriment of long-term economic development. This paper attempts to explore the economic effects of this malaise on the Nigerian economy. It observes that if money laundering is not tamed, it has the …

Contesting Government's Financial Interest In Drug Cases, Eric D. Blumenson, Eva Nilsen

Faculty Scholarship

In 1984, the civil asset forfeiture law was amended to allow the U.S. Department of Justice (DOJ) and state law enforcement agencies to retain many of the "drug-related assets" they seize for their own law enforcement purposes. Under this amendment, some local law enforcement agencies have managed to double or triple their appropriated budgets by targeting such assets. As former Attorney General Richard Thornburgh has noted, "it's now possible for a drug dealer to serve time in a forfeiture-financed prison after being arrested by agents driving a forfeiture-provided automobile while working in a forfeiture-funded sting operation." The American people, however, …