Law Commons^™

Canada's Integrity Regime: The Corporate Grim Reaper, Jessica Tillipman, Samantha Block

GW Law Faculty Publications & Other Works

In 2019, SNC-Lavalin made global headlines after it was revealed that the Canadian Prime Minister, Justin Trudeau, had interfered in the prosecution of the company for the bribery of Libyan officials. Although the scandal was primarily viewed as political, it also highlighted flaws in Canada’s Integrity Regime; specifically, the regime’s unworkable and draconian approach to debarment. This Article will address the pressing need in Canada to modify its debarment remedy and enact a system that more effectively protects the government’s interests. To illuminate the current issues facing Canada’s Integrity Regime, this Article will begin by examining Canada’s debarment system, outlining …

Corruption In The Public Sector In North Macedonia: What Can Be Done?, Teodora Gacoska

English Language Institute

The purpose of this project is to analyze the current situation of corruption in the public sector in North Macedonia and suggest possible solutions to prevent this kind of corruption.

The Compliance Mentorship Program: Improving Ethics And Compliance In Small Government Contractors, Jessica Tillipman, Vijaya Surampudi

GW Law Faculty Publications & Other Works

Over the past decade, the anti-corruption, ethics, and compliance landscape has changed dramatically. This is a direct consequence of a global anti-corruption enforcement effort led by the United States through its enforcement of the Foreign Corrupt Practices Act. The increase in enforcement has also been spurred by the adoption of several multilateral anti-corruption agreements, such as the Organization for Economic Co-operation and Development (OECD) Anti-Bribery Convention and the United Nations Convention Against Corruption (UNCAC). These agreements have spurred several countries to enact anti-corruption laws, such as the U.K. Bribery Act, Brazil’s Clean Company Act, and France’s Loi Sapin II. The …

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, …

A Diagnostic Of Urban Corruption In Mexico, Ana Grajales, Paul Lagunes, Tomas Nazal

Center for the Advancement of Public Integrity (Inactive)

In spite of the promises of urban life, cities are no panacea. Their governments have been known to promote policies that disadvantage the poor and other vulnerable residents (Piccato 2001). In the developing world, urban population growth can result in overcrowding (Abu-Lughod 2004), and the worsening of environmental problems (Molina and Molina 2002). Criminality and violence are additional concerns (Caldeira 2000 ; Moncada 2009). In Mexico, between 2006 and 2017, more than one-hundred mayors were murdered in the context of an ongoing drug war (Valencia 2017).

The Netanyahu Investigations, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Benjamin Netanyahu is the current and longest serving Israeli Prime Minister. He has held office for 12 years, most recently from 2009 to present, and previously between the years of 1996 and 1999. As chairman of the right-wing Likud Party, Prime Minister Netanyahu has led a conservative and defense focused coalition in Israel’s parliament. His career in public service has also included time spent as the Minister of Finance from 2003-2005, the Minister of Foreign Affairs from 2002-2003, and as Ambassador of Israel to the United Nations from 1984-1988.

The Aftermath Of The Senator Menendez Trial And Implications For Bribery Cases, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Robert “Bob” Menendez is a United States Senator from New Jersey. He was appointed to the Senate in 2006, and is the senior Democrat on the Senate Foreign Relations Committee, having been reinstated after his recent criminal trial. He is also a member of the Senate Banking, Housing, and Urban Affairs Committee and the Finance Committee. Between 1993 and 2006, Menendez represented New Jersey’s 13th district in the United States House of Representatives.

Mcdonnell V. United States: Defining “Official Action” In Public Corruption Law, Christopher Murphy

Duke Journal of Constitutional Law & Public Policy Sidebar

McDonnell v. United States involved the former Governor of Virginia leveraging the power of his position to help a wealthy constituent gain access to top state decision makers in exchange for valuable gifts and loans. The Government argued that conduct like setting up phone calls and meetings, as well as hosting receptions on behalf of the constituent was sufficient to constitute an “official act” under public corruption laws. Governor McDonnell argued for a narrower interpretation of “official act,” claiming that his conduct was akin to run of the mill things public officials do every day to benefit their constituents. The …

A Primer On China’S Bribery Regulation: Status Quo, Development, Drawback, And Proposed Solution, Fanyu Zeng

Upper Level Writing Requirement Research Papers

Today, the People's Republic of China (hereinafter China) has become one of the largest economic entities in the world. With the development of China, the problem of bribery has imposed more negative impacts on China’s government and market. This paper is on China’s current regulations on bribery.

This paper is divided into six parts: (1) Introduction to China’s legal regulation on bribery; (2) Who can be bribed in China? (3) What constitutes bribery under China laws? (4) Defenses against bribery charges; (5) Punishment and Liability (Criminal Punishment, Administrative Punishment, and Private Action); and (6) Drawbacks and Proposals for China’s anti-bribery …

No Smoke And No Fire: The Rise Of Internal Controls Absent Anti-Bribery Violations In Fcpa Enforcement, Karen E. Woody

Scholarly Articles

The Foreign Corrupt Practices Act (FCPA) prohibits bribery of foreign public officials in order to obtain or retain business. It is, for all intents and purposes, an anti-bribery statute. To detect bribery, the FCPA contains accounting provisions related to bookkeeping and internal controls. The books and records provision requires issuers to make and maintain accurate books, records, and accounts; likewise, the internal controls provision requires that issuers devise and maintain reasonable internal accounting controls aimed at preventing and detecting FCPA violations. If one considers the analogy that bribery is the “fire” in FCPA enforcement actions, and books and records violations …

Reforming Military Justice: An Analysis Of The Military Justice Act Of 2016, David A. Schlueter

Faculty Articles

The 2016 amendments to the Uniform Code of Military Justice (“UCMJ”) amounted to a sea change in American military justice. The Military Justice Act of 2016—a major reform of the Uniform Code of Military Justice—is set out in Division E of the National Defense Authorization Act for Fiscal Year 2017, and was signed into law by the President on December 23, 2016. Most of the amendments to the UCMJ addressed in this article will not become effective for some time—perhaps not until January 1, 2019 and in the interim, the current provisions of the UCMJ will continue to apply. Overall, …

“Pay To Prescribe”: A Case For Strengthened Enforced Of The Fcpa In The Global Pharmaceutical Industry In 2017 And Beyond, John T. Jessee Jr.

Law Student Publications

This paper will use recent Foreign Corrupt Practices Act (FCPA) enforcement actions to argue that a revamped and increased enforcement of the FCPA’s anti-bribery provisions in the pharmaceutical industry will be an absolutely critical task in 2017 and beyond, as there is much work to be done in cleaning up the industry. The paper will begin by outlining a brief history of the FCPA and examining its basic enforcement provisions. It will then examine the nature of the pharmaceutical industry’s bribery through a detailed analysis of several recent high profile enforcement cases within the industry. Lastly, the paper will propose …

Enforcing The Fcpa: International Resonance And Domestic Strategy, Rachel Brewster

Faculty Scholarship

The Foreign Corrupt Practices Act (“FCPA”), which bans corporations from offering bribes to foreign government officials, was enacted during the Watergate era’s crackdown on political corruption but remained only weakly enforced for its first two decades. American industry argued that the law created an uneven playing field in global commerce, which made robust enforcement politically unpopular. This Article documents how the executive branch strategically under- enforced the FCPA, while Congress and the President pushed for an international agreement that would bind other countries to rules similar to those of the United States. The Article establishes that U.S. officials ramped up …

Good Ole Rocky Top: Rocky Top Tennessee, Brian Krumm

Scholarly Works

No abstract provided.

Voluntary Disclosure Fostering Overenforcement And Overcriminalization Of The Fcpa, Karen E. Woody

Scholarly Articles

Professor Peter Reilly’s article, Incentivizing Corporate America to Eradicate Transnational Bribery Worldwide: Federal Transparency and Voluntary Disclosure Under the Foreign Corrupt Practices Act, 67 Fla. L. Rev. 1683 (2015), challenges the notion that voluntary disclosure of potential Foreign Corrupt Practices Act (FCPA) violations to the government is always the best course of action for a company. In a world where whistleblowers can receive a bounty for information provided to the Securities and Exchange Commission (SEC),2 self-reporting is a critical, high-pressure decision that each company must undertake when faced with potential FCPA liability.

This Article takes a broader look at …

Asset Forfeiture In Public Corruption Cases, Pamela S. Stanek

Center for the Advancement of Public Integrity (Inactive)

This publication is intended to be a practical guide to pursuing federal asset forfeiture where a public corruption crime is the underlying offense. Although the reader of this guide may be pursuing state crimes and forfeiture, reaching out to the Federal Bureau of Investigation (FBI), the experts in public corruption cases, is recommended. Addressing the laws of all fifty states is beyond the scope of this guide. Nonetheless, the considerations and guidance underlying federal forfeiture will generally apply to the pursuit of state forfeitures as the majority of the state statutes are modeled after the federal statutes and involve similar …

Senator Menendez And The Speech And Debate Clause, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Robert “Bob” Menendez is a United States Senator from New Jersey. He was appointed to the Senate in 2006 by newly elected Governor John Corzine to fill Corzine’s vacated seat. Menendez served two years as Chairman of the Senate Foreign Relations Committee, from 2013 to 2015, and remained that committee’s ranking Democrat until his indictment. He is also a member of the Senate Committee on Banking, Housing and Urban Affairs and the Committee on Finance. Between 1993 and 2006, Menendez represented New Jersey’s 13th district in the United States House of Representatives.

The Conviction Of Congressman Chaka Fattah, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Congressman Chaka Fattah has represented Pennsylvania’s 2nd District, which includes parts of Philadelphia, for 20 years.

On June 21, 2016, Congressman Fattah was convicted on all 23 counts of public corruption he faced, including conspiracy to commit racketeering (RICO), bribery, money laundering, and fraud. Fattah’s four co-defendants included his chief of staff as well as a former Philadelphia deputy mayor.

The Trial Of Congressman Chaka Fattah, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Congressman Chaka Fattah has represented Pennsylvania’s 2nd District, which includes parts of Philadelphia, for 20 years.

On July 29, 2015, a federal Grand Jury indicted Congressman Fattah on 29 counts, including conspiracy to commit racketeering (RICO), bribery, money laundering, and fraud. The charges encompassed four co-conspirators as well, including Fattah’s chief of staff as well as a former Philadelphia deputy mayor.

The Appearance And The Reality Of Quid Pro Quo Corruption: An Empirical Investigation, Christopher Robertson, D. Alex Winkelman, Kelly Bergstrand, Darren Modzelewski

Faculty Scholarship

The Supreme Court says that campaign finance regulations are unconstitutional unless they target "quid pro quo" corruption or its appearance. To test those appearances, we fielded two studies. First, in a highly realistic simulation, three grand juries deliberated on charges that a campaign spender bribed a Congressperson. Second, 1271 representative online respondents considered whether to convict, with five variables manipulated randomly. In both studies, jurors found quid pro quo corruption for behaviors they believed to be common. This research suggests that Supreme Court decisions were wrongly decided and that Congress and the states have greater authority to regulate campaign finance. …

Good Ole Rocky Top: Rocky Top Tennessee, Brian Krumm, Liz Natal

College of Law Faculty Scholarship

No abstract provided.

The Indictment Of Longtime Harrisburg Mayor Stephen Reed, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Stephen Reed, the Democratic mayor of Harrisburg, Pennsylvania from 1982 to 2010, has been charged by state prosecutors with 499 counts ranging from bribery to theft by receiving stolen property.

The Indictment Of Congressman Chaka Fattah, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Congressman Chaka Fattah has represented Pennsylvania’s 2nd District, which includes parts of Philadelphia, for 20 years.

On July 29, a federal Grand Jury indicted Congressman Fattah on 29 counts, including conspiracy to commit racketeering (RICO), bribery, money laundering, and fraud. The charges included four co-conspirators as well, including Fattah’s chief of staff as well as a former Philadelphia deputy mayor.

Chris Christie And Jerry Jones, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

Christie is the Republican Governor of New Jersey. He previously served as the US Attorney for the District of New Jersey from 2002 to 2008. He is a likely contender in the 2016 presidential race.

Christie's penchant for accepting luxury perks, paid for by groups who arguably have significant interests in his decisions as Governor, was highlighted in a New York Times article on February 2, 2015. Questionable gifts include: travel on Sheldon Adelson's private plane, a 2012 trade mission partly funded by a group of businesses (Choose N.J.) barred from donating to the Governor directly by pay-to-play laws, and …

The Fifa Corruption Charges, Center For The Advancement Of Public Integrity

Center for the Advancement of Public Integrity (Inactive)

The Fédération Internationale de Football Association (FIFA) is the global governing body for soccer, the world’s most popular sport. A Swiss-based nonprofit, FIFA has long been criticized for a culture of impunity and corruption, most prominently in connection with the World Cup host-country bidding process.

Culpability And Modern Crime, Samuel W. Buell

Faculty Scholarship

Criminal law has developed to prohibit new forms of intrusion on the autonomy and mental processes of others. Examples include modern understandings of fraud, extortion, and bribery, which pivot on the concepts of deception, coercion, and improper influence. Sometimes core offenses develop to include similar concepts, such as when reforms in the law of sexual assault make consent almost exclusively material. Many of these projects are laudable. But progressive programs in substantive criminal law can raise difficult problems of culpability. Modern iterations of criminal offenses often draw lines using concepts involving relative mental states among persons whose conduct is embedded …

Civil Consequences Of Corruption In International Commercial Contracts, Padideh Ala'i

Articles in Law Reviews & Other Academic Journals

The United States legal system seeks to prevent and prohibit bribery and corruption through a myriad of laws, regulations and policies. Anti-corruption jurisprudence is more developed in the context of public sector contracts where the United States criminalizes bribery of public officials through 18 U.S.C. §201 (Bribery of Public Officials and Witnesses). In addition, the United States was the first country to criminalize bribery of foreign government officials in 1977 with the passage of the Foreign Corrupt Practices Act (FCPA). The FCPA has since been amended to comply with the adoption of the OECD Convention on Combating Bribery of Foreign …

The Domestic And International Enforcement Of The Oecd Anti-Bribery Convention, Rachel Brewster

Faculty Scholarship

International corruption law is a growing, if understudied, area of international economic law. This Article examines two aspects of governments' enforcement of the OECD's Anti-Bribery Convention. The first aspect is the member state's efforts to enforce its own national legislation prohibiting foreign corruption within its territory and with regards to its nationals doing business abroad. The OECD Treaty's obligation concerning member states' enforcement of their own national legislation is somewhat ambiguous. While the obligation to pass particular national legislation is quite clear and specific, the treaty does not specify what resources that a state must dedicate to internally enforcing these …

Gifts, Hospitality & The Government Contractor, Jessica Tillipman

GW Law Faculty Publications & Other Works

The government procurement process demands the highest commitment to ethical and unbiased conduct. To ensure that the individuals involved in the procurement process adhere to these standards, government entities in nearly all jurisdictions around the world have enacted codes of conduct, ethical restrictions, and anti-corruption laws designed to protect the integrity of government and ensure that government officials act impartially and do not give preferential treatment to any private organization or individual. To further these goals, most jurisdictions have enacted restrictions on the gifts and hospitality that government officials may accept from individuals and organizations that sell goods and services …

Amending The Foreign Corrupt Practices Act: Should The Bribery Act 2010 Be A Guideline?, Michael Peterson

Law Student Publications

This paper is divided into four sections. The first section discusses the individual legal aspects of the FCPA and the Bribery Act of 2010; the second section discusses the differing features of the two acts; the third section discusses the criticisms of each of the acts; and the fourth section lays out a proposal of effective amendments which the author feels should be made to the FCPA.