Blog Editors: Jean-Pierre Méan – Nawal Aït-Hocine – Malika Aït-Mohamed Parent – Francesco Clementucci – Karen Egger
The opinions expressed in this blog are those of the individual author in his or her individual capacity and the information herein is not intended to constitute legal advice. Readers are encouraged to seek legal counsel regarding anti-corruption laws or any other legal issue.
Lessons to be learned from (not) addressing corruption in Afghanistan
By Jean-Pierre Méan
Published on Tuesday August 31, 2021
The recent events in Afghanistan brought back to my mind a discussion that I had with a member of the United Nations Office on Drugs and Crime (UNODC) in the aftermath of the then successful US intervention in 2001.
Far from being encouraged in its endeavors to promote the United Nations Convention against Corruption (UNCAC) in Afghanistan, UNODC was told at the time that combating corruption was not the order of the day. The thinking was that there were other priorities and that fighting corruption would have to wait until more pressing problems were solved. In the meantime it was essential to secure the cooperation and loyalty of groups of Afghan society including politicians, War Lords and opium producers. And if that meant tolerating or even encouraging corrupt practices, so be it.
Corruption and Covid 19
By Marc Tassé
Published on Monday January 25, 2021
Times of social, political, and economic stress present opportunities for corrupt actors to act corruptly, and the crisis caused by the novel coronavirus will be no exception.
Lessons learned from corruption in the health sector show that procurement and contracting malfeasance could lead to deadly consequences — inflated prices or poor-quality goods, perhaps in exchange for bribes. Pharmaceutical supply chains are very susceptible to corruption and medical supply chains highlight another concern over corruption as the coronavirus spreads. (suite…)
Confiscation acquitted: EU law drops criminal charges
By Francesco Clementucci
Published on Tuesday April 14, 2020
Confiscation of illicit funds represents an essential instrument for deterring and effectively combatting corruption, including the recovery of funds and reparation for victims. Typically, confiscation takes place following a wrongdoer’s conviction or indictment. However, successfully convicting criminals is hard, especially in international cases. Non-conviction based (NCB) confiscations can greatly facilitate this task. (suite…)
Re-Imagining Corporate Accountability on a Multilateral Scale
By Marc Tassé and Noah ArchinoffHow do you hold an entity which only exists on paper accountable for a criminal offence? Dealing with corporate corruption has recently veered away from traditional criminal legal proceedings. As discussed in the OECD’s 2018 report,1 non-trial resolutions have accounted for 78 per cent of all corruption enforcement proceedings in states that are signatories to the OECD Convention.2 Creative means are being increasingly employed to imbue responsible behaviour on corporate offenders, often aimed at shifting the focus from criminal punishment to preventative measures.
The Panama Papers and the emergence of anti-corruption compliance
By Marc Tassé
Published on Tuesday February 11, 2020
While the leaks continue from the “Panama Papers”, continuing to make headlines around the world, and as the related scandals intensify, there have been numerous articles written on the whole topic. My following comments and remarks take under consideration and outline some of those and my own comments.
Keys to an Effective Anti-Corruption Ethics and Compliance Program
By Marc Tassé
Published on Tuesday December 3, 2019
Businesses are coming under increased scrutiny, both at home and abroad, to ensure that their domestic and foreign operations comply with anti-corruption and anti-bribery legislation. International trends towards tougher legislation and increased enforcement of anti-corruption laws internationally make non-compliance a real risk that companies must address as a business priority.
Cross-fertilization of integrity principles
By Francesco Clementucci*
Published on Tuesday November 5, 2019
Integrity principles do circulate and fertilize other actors and sectors. This inter-models fertilization takes place through processes that are entirely domestic to the Italian legal system. The anti-corruption measures established under the “Severino Law” are clearly inspired by the compliance programmes system set under Legislative Decree n. 231/2001. This instance of “horizontal fertilization” within the Italian legal system is further exemplified by observing how the programme strategy first originated in the banking and finance sector, later spreading to other fields of private economic activity until it was finally generalised by decree 231 of 2001.
Corruption in Latin America: The Odebrecht scandal in Brazil
By David Simpson
Published on Tuesday October 22, 2019
The Global Corruption Index – A new instrument to apprehend the un-apprehensible
By Jean-Pierre Méan
Published on Tuesday October 15, 2019
Corruption is a (poisonous) flower that prospers in the dark. Both the act of corruption (in short the granting of an undue advantage in exchange for an improper advantage, the (in)famous quid pro quo) and the fruits of this act are hidden or disguised in order to appear legitimate. This makes it quite difficult to measure corruption even though it is possible to get a general idea of the level of corruption from individual instances where the hydra of corruption has risen its head to the surface of conscious perceptions.
Whistleblowing in the age of the great divide
By Jean-Pierre Méan
Published on Thursday October 3, 2019
When divisions run deeper and deeper in a society, simple principles tend to be obscured by raging passions. This applies to all realms of life, including, as we can observe today, to whistleblowing. When the going gets tough, the toughs get going and the toughs are, more often than not, individuals who only have in common that they have no field experience of whistleblowing.
