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Los Angeles Bribery Case Study
Los Angeles Bribery of Country Supervisors and Public Corporations In the state of California,
bribery of a county supervisor or a public corporation is a violation of Penal Code 165 pc, and it
comes with severe consequences. Not only can bribing a county supervisor or public corporation
ruin your reputation, but it can end up costing you your freedom. This is why a person who has been
charged with violating Penal Code 165 pc, will need an experienced attorney that has the capacity to
help you effectively negotiate the rugged terrain of defending yourself against the allegations. Our
law firm has a number of lawyers who have the experience and the resources to examine and
investigate the facts of the case to look for discrepancies and mistakes
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Siemens Ag Bribery
Siemens AG Bribery Scandal This paper will focus on the analysis of the well–known and popular
bribery scandal in the world, such as Siemens AG Bribery Scandal which occurred in November,
2006. Siemens AG is one of the largest and most popular electrical engineering companies operated
in the world. The present company was founded in 1847 in Berlin and is now headquartered in
Munich, Germany. The discussion and the proper analysis of this bribery scandal will help to learn
many effective lessons from this situation helping organizations and individuals to avoid such cases
and experiences in the future. Siemens was considered one of the most powerful and productive
companies in the field of electronics and that bribery scandal surely ... Show more content on
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Deming stated that Siemens AG failed "to have and publicize a system whereby employees and
agents could report or seek guidance regarding potential or actual criminal conduct without fear of
retaliation (Deming 91). Siemens Company and people working there on a regular basis faced a
great number of disadvantages associated with the decisions that led to the bribery scandals. The
major disadvantages included not only great financial losses due to fines and court procedures but
mainly the lack of trust and confidence on the part of customers, investors, business partners and
other persons. Siemens simply had to re–gain trust and respect in the world trying to remain
competitive, successful and productive either on the national or international business arena. These
disadvantages surely affect the organization's values, beliefs, culture, control, and its strategic ways
of doing business in the modern competitive environment. Brooks and Dunn stated that "each line of
business had a managing director and a separate managing board, and this structure inhibited
accountability and allowed corruption to spread" (Brooks and Dunn 291). The great number of
persons was convicted in making illegal payments and being involved into fraudulent bribery
activities, such as Andreas Kley, Johannes Feldmayer, Hans–Werner Hartmann, etc. These persons
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Wal Mart 's Latest Ethics Controversy Essay
Wal–Mart's Latest Ethics Controversy
Wal–Mart Stores, Inc. is the world 's largest retail enterprise, with total revenue of $421.8 billion
and a net income of $16.4 billion in 2011. 1 It is also the world 's largest employer, with 2.1 million
employees worldwide in 2010 2, not including workers hired by its providers. In my opinion, Wal–
Mart provides a clear illustration through which to look at how many multinational companies
(MNCs) take part in an illegal and unethical behavior. They use their bargaining power and market
control to pressure countries to overlook environmental degradation and violation of national labor
laws. They dictate expected pricing for products, particularly through imports from overseas
countries. Labor is fulfilled mostly by underage and underpaid employees. In the United States,
since 2005, Wal–Mart has paid about $1 billion in damages to U.S. employees in six different cases
related to unpaid work. 3 Furthermore, Wal–Mart opposes any form of collective action, even when
employees are not seeking unionization, but simply more respect. 4 The fact that Wal–Mart opposes
unions exist. The company has a long history of fighting them, to the point of closing stores after
employees organize. Managers have been instructed to talk to their teams about why unions are so
unwanted in their business. Overseas, the company was involved in a series of scandals, including
multiple cases of bribery. In April 2012, The New York Times published a story that
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Ethical Effects Of Bribery: The Effect Of Economic...
The effect of economic analysis cause ethical issues to triggered .Bribery effect to economic
analysis is the incidence of corruption on a nation imports or exports, the incidence of corruption on
financing and the incidence of corruption on the request and contribute in business activities. It
decrease economic development, disappoint investment, and isolate and cut down global markets. It
corruption pillar for economic aid and puts a heavily economic burden on the poor and decrease the
standard living of the people. To overcome this corruption some countries are concerned and are
trying destroy corruption by doing:
I. Stock side and request side analysis of bribery
We all know from basic economics, every deal has a stock side and a request side. Bribery or
corruption is no different, the request of a bribe ... Show more content on Helpwriting.net ...
The economists as well use additional component, especially the formation of a nation financial
system, to describe microeconomic unpredictability. When there is bribery, it is practicable for bad
company to survive because of corrupt officials. If both good company and bad company bribe
officials, community feedback of funding are much lower than private returns. Community returns
are even lower if only worse company are bribing government officials. As such, community returns
from worse company are lower than community returns from good company. In fact, when worse
company survive in an economy with corruption, community returns from worse company are
rejection, although their private returns are definite. Consequently, bribery plainly display that it is
an unethical action, even though by minor value. Hence, bribery may cause the economic growth of
country. Economic collapse is well known for cause bribery. Bribery also causes inflation; this will
have an influence on the people of a
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IA1 Essay
GlaxoSmithKline in China
Case Study 1
Khoa Nguyen
AMBA 660 9043
Introduction There has been a lot of increase in expanding companies throughout other countries. In
order for a CEO of a company based in USA to move some of its operations to China, it's best to
understand the foreign and local policy that is in placed in China and the bribery scandal that
involved four employees of GlaxoSmithKline. This case study will examined the GSK scandal by
analyzing the case that involved the four employees, the Chinese government, assessing GSK's
response, lessons learned in order to provide the USA based company to operate at a lower risk and
succeeding in China.
Analysis
Question 1
GSK has featured its robust ethics and compliance ... Show more content on Helpwriting.net ...
For example, having a thorough background investigation on the employees is essential to see what
kind of potential employees GSK will be hiring or closely look at the transactions that goes through
the company and/or each employee with each third parties. Also, having a strict rule on higher
management is an important aspect because the CEO can't view every detail that goes on through
the company. Higher management has to be his second eye that can see these things and take action
when needed. If I was Mark Reilly, I would have a full detailed of all the transactions that are going
through the company and if there is anything that stands out, then I would provide a further
investigation in it. It was revealed that the GSK employees paid over $450 million in bribery since
2007 (Quelch & Rodriguez, 2013). $405 million is an outrageous number that should have stood out
if Mark Reilly had taken a deeper look into the reports. Mark Reilly was not performing his duty in
order to keep the ethical policy of GSK in hand.
Question 3
Do you think that GSK has been treated unfairly? Was GSK really at fault or was it just unfortunate
to have gotten caught given the perception that companies have to resort to bribing to win contracts?
Explain.
The scandal in China was not the first time that GSK was accused of bribery. In 2012, GSK was
penalized by the United
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A Brief Note On Bribery And Corruption Of The Public Sector
Analysis on bribery and corruption in the public sector
Introduction
There is one statement that "Bribery and corruption in the public sector, is endemic and unavoidable
in all societies". This essay will make critical analysis of this statement, targeting the public sector.
Especially taking the example of US and UK regulatory framework, it will make clear
understanding of this statement. Through current academic literature by comparing, contrasting and
critiquing views, this essay will develop a critical understanding of the high possibility of bribery
and corruption.
Current situation
Considering the public departments, they are the key to provide high–efficient and high–quality
service to make social progress. Financial bribery or corruption may be not prohibited, and this
phenomenon will be more common (Pujas and Rhodes, 1999). In general, expenditure exceeds
standard level. However, resources in the public sector are the public resources, which is applied by
members of the public sector making decision how to make full use of them, and this may result in
the bribery or corruption (Provan and Milward, 2001). Especially for those departments who control
financial management, it may pose a threat to waste resources.
Therefore, the public sector is based on its own right to receive any gift, loan, fee, reward and other
advantages to do something, which is dishonest, illegal or a breach of trust in the conduct of the
enterprise's business (Kirkpatrick and Lucio, 1995).
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Using Information From Websites, As It Will Give Me...
1.0 Methods
For this report, I will mainly use information from websites, as it will give me information about
anti–bribery policies. I will also use a website called Harvard reference to give the reader an easier
understanding on what I will be reporting on. I will use BBC website as well to know the recent
bribery act that has lately happened to an organisation and what anti–bribery does to other
organisation.
2.0 Introduction
The purpose of this report is to know more about, the meaning of anti–bribery and what the policy
intends to achieve on an organisation that I have chosen. By doing research on recently published
journal articles, newspapers and internet sites on the topic about anti–bribery, this report will
describes, what the policies intends to do and the employees that will be affected with the policies.
Anti–bribery helps the operations of one organisation to detect or prevent the corruption inside one
organisation.
3.0 How to prevent bribery?
The most effective way to prevent bribery is to have an anti–corruption program, this is important to
a big organisation. This will enforce some of the actions and will change the penalties to bribery to
an organisation.
Year 2011 UK Bribery Act of 2010 leads many organisations to re–evaluate their anti–corruption
program, even do companies that have general policies and procedures to comply with the UK
Bribery Act [Kenneth Clarke. (2011)]. This Act not only covers bribery of UK government officials
but it also cover
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Fifa Is An Absolute Disgrace And One Of The World Cup Essay
are affected due to if there will be another World Cup where they can show off their talents to all of
the countries around the world and make a salary to provide for their families. The final peripheral
stakeholder in this case has to be the fans due to the fact that they are the ones that fill the seats and
have the World Cup make so much money in the first place and without them, there would not even
be a World Cup. Also without funding there will be no FIFA organization. It is an absolute disgrace
and one of the worst decisions that FIFA has ever made. It is without a doubt a symbol of the blatant
corruption and back scratching that goes on in the 'world game ' and an affront to the history of the
World Cup. Not to mention that stories continue to emerge of the systemic corruption that has
occurred around the awarding of the World Cup rights.
What are the Possible Solutions to the Issue?
From what we know, FIFA is solely responsible for possible legal ramifications that can hurt the
sport of football. For Sepp Blatter and Michel Platini, in the article of the Independent, "It is
understood this request will be for bans of several years, based on four potential ethics code
breaches: mismanagement, conflict of interest, false accounting and failure to co–operate with, or
criticizing, the ethics committee." (2015). they are a conflict of interest where in a situation the
concerns are or aim at two different parties which are incompatible. They are breaches of
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Bribery – the Dilemma
Everyday U.S. managers in developing countries face the dilemma of furthering their business
concerns in countries such as India, China, Russia and Mexico where bribery is commonplace while
at the same time trying to ensure that they do not violate their companies code of conduct or worse
the government's Foreign Corrupt Practices Act (FCPA). It is a fine line they walk. This paper will
help those managers by explaining what bribery is, why it is thought to be an issue, show recently
where companies have bribed and been caught as well as offer suggestions that will enable the U.S.
manager in Mexico to accomplish what bribery accomplishes but is not unethical or illegal or in
violation of a company policy that prohibits bribery. Bribery ... Show more content on
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As noted, corruption is prevalent in these markets, but bribery is not necessarily perceived as a
serious crime in some places. It is just the way of doing business and it has enabled companies to
expand globally regardless of the means.
For those managers doing business in Mexico they should understand that the bulk of retailers pay
bribes and Mexican firms are the third most likely to have to pay bribes, right after Russian and
Chinese ones. (Josh, 2012) "La Mordida" translates to "the bite" which in Mexico is the term used
for a bribe. It is the customary and traditional way of getting things done. In Mexico to get things
done and to keep projects moving forward it is normal to have to bribe a cop, judge or permit agent,
it is a way of life instead of as in the U.S. where it is considered an aberration in the system. In
Mexico almost all agencies of government: Treasury, immigration, customs, commerce
commissions, police, judges, planning departments and even lawyers are used to receiving bribes for
their services, it is the customary way of doing business. (Some things in Mexico seem to never
change: The Bits is Alive and Well In Mexico, 2006) Mexico is a highly controlled, heavily
regulated mixed economy, with a complex bureaucracy of government officials dictating who is
permitted to sell what and to whom.
A U.S. Manager in Mexico needs to understand the business climate and the culture. According to
the
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Corruption and Bribery
Corruption and Bribery
April 29, 2015
Abstract
In this paper, I will be writing about corruption and bribery. I will define the terms and go on to
explain the regulations that have been put in place to stop corruption and bribery. I will then go on to
give examples of major corruption and bribery scandals that companies have recently been in and
what has been done to punish said companies for their crime.
Intro
Corruption is defined in the Merriam–Webster Dictionary as "dishonest or illegal behavior
especially by powerful people (such as government officials or police officers), the act of corrupting
someone or something, and something that has been changed from its original form". (Merriam–
Webster) Bribery ... Show more content on Helpwriting.net ...
This states that countries agreed to help out countries in need if they are under a new government
with a lot of corruption. In the UK they have their own form of anti–bribery. They installed the UK
Anti–Bribery Act in 2010 with the Parliament of the United Kingdom. The act states that being
bribed, the bribery of a public official, and the failure of an organization to stop bribery are
punishable under law through the act. It states that the criminal can do a maximum of ten years in
prison and pay massive fines for proceeding in corruption. This Act not only punishes organizations
in the UK; it also punishes organizations that have any link to that country with a universal
jurisdiction. A major concern of this Act is that in some places bribes are common and it will affect
companies that are in a global market that do business with countries that partake in such activities.
Like the UK, the United States of America also has laws regarding bribery and corruption. This is
the Foreign Corrupt Practices Act of 1977 or simply FCPA. This act has two major parts to it. The
first being accounting transparency requirements from the Securities Exchange Act of 1934 and the
other dealing with bribery. This United States law "prohibits U.S. firms and individuals from paying
bribes to foreign
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Business Bribery : The Dangers Of Business Bribery In...
A business bribe typically occurs when a company or representative gives money or financial
considerations to another person, business or public official to gain favor or to manipulate business
decisions of partners, suppliers or buyers. (Kokemuller, N. n.d.) Even if a transaction is never
completed, the mere offering or soliciting of a bribe is enough to incur criminal liability. Bribery in
business is illegal, just as it is in government and public organizations. Laws prohibiting bribery can
be used to punish both the person offering the bribe, and the person receiving it. These laws are
designed to root out corruption in the public and private sectors. (Legal resources, 2017). Bribery
not only indicts the employee but it can also compromise a company and its officials. Bribery can be
very gray are in business as a fine line exists between a bribe and a gift. Someone may be taking
bribes for company designs, projects or company intellectual property. An employee who accepts a
bribe or kickback be it from a vendor or for a contract lacks integrity and is certainly not ethical.
There would be no counseling, no written reprimand only a termination notice as well as possible
prosecution.
Threatening the life of a co–worker
Employers have an obligation to provide a safe working environment for their employees. A safe
work environment extends beyond merely posting safety regulations in common areas such as the
company break room. Workplace threats refer to coworkers
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Bribery As An Unethical Activity Within Business
This thread will focus on the subject of bribery as an unethical activity within business. The purpose
of this work will be four–fold – to provide a definition of bribery, to examine the practice's
prevalence in the global business environment, to reveal the locations where bribery is most
prevalent, and to inspect bribery's relation to the concepts of biblical Covenant, hesed, and mutual
accountability. Examples and support from the textbook, course materials, scholarly sources, journal
articles, biblical integration, real world business scenarios will validate the claims for this thread.
Definition
Bribery is "a questionable or unjust payment often to a government official to ensure or facilitate a
business transaction" (Lawrence & Weber, 2014, p. 105). The giving of money, the providing of a
scholarship or gift, and the creation of favorable publicity are all forms of bribery (Sanyal, &
Samanta, 2011; Sanchez, Gomez, & Wated, 2008). Within international "bribery...a...firm from
country A offering financial or non–financial inducements to officials of country B to obtain a
commercial benefit" (Sanyal, & Samanta, 2011, p. 153). Bribery is an unethical and illegal activity,
as demonstrated by the passage and enforcement of the U. S. Foreign Corrupt Practices Act (FCPA)
(Lawrence & Weber, 2014). Scholarly research reveals that bribery is a two sided process consisting
of the supply side – the firms who supply the bribes – and the demand side – the individuals
receiving the
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A Survey Report On The Uk Construction Industry
A 2013 survey Corruption in the UK Construction Industry conducted by the Charted Institute of
Builders (CIOB, 2013), which surveyed 701 construction professionals, the majority of whom
described themselves as being of 'senior management level', although this survey involved mainly
senior management, it is important to note that corruption can occur at any level within an
organisation. The results of the survey presented a number of important findings about the state of
the industry; first and most significantly that 49% of respondents believed that corruption is
common (fairly or extremely) within the UK construction industry, this represents almost half of
those surveyed and provides a damning insight into the prevalence of corruption. ... Show more
content on Helpwriting.net ...
Table 1 – Prevalence of different types of fraud in the UK (Grant Thornton, 2013)
Type
Prevalence
Billing fraud
Medium
Bid/contract rigging (market collusion)
High
Bribery/corruption
Low
Fictitious vendors – falsifying payment applications
Medium
Change order manipulation
High
Theft or substitution of materials
Medium
False representation
High
Money laundering
Low
Further data from the Corruption in the UK Construction Industry (CIOB, 2013) report suggests that
within the industry there is a strong feeling that bribery is a corrupt and unacceptable act, including;
89.3% – Perceive bribery to obtain a contract to be corrupt
86.7% – Perceive collusion and cartel activity to be corrupt
83.3% – Perceive billing for unperformed work to be corrupt
67.0% – Believe the use of gifts and corporate hospitality can be treated as bribery
The perception of what can be considered a corrupt practice is highly subjective and down to
individual experience, however, it provides a useful barometer for the overall feeling in the
construction industry, this is particularly important for areas such as hospitality. Interestingly, 67%
of individuals surveyed still believe gifts and hospitality may be treated as bribery even though the
Bribery Act
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Pros And Cons Of Bribery
Ethical issues such as bribery and corruption in a cultural context are sometimes systemic and cause
much harm to organizations and society as a whole. Societies or countries heavily in depth of
corruption lose all of their moral values and standards. Developing countries need leaders who are
committed to ethical issues, support their people to uphold ethical standards and behave in an open
and transparent ways to send the message that the fight against corruption is taken seriously. Bribery
is unethical because it results in distortion of the marketplace. As a result, people who deserve to
gain something actually gain very little or nothing. Bribery means that someone gives another
person something that they want in order to change the recipient's behavior. For example, if
someone is running for office and they give people money in exchange for votes, this is a form of
bribery. It gives the one accepting bribery ... Show more content on Helpwriting.net ...
He who is willing to pay the most will be granted the exemption, will shut out the competitor, and
will gain the advantage. A plutocracy, a world in which wealth and money rule, is not a system
likely to capture the popular imagination. Bribers understand this, and for that very reason they do
not advertise their actions and are condemned to act behind the scenes, on the margins of legality
and morality. Of course, bribery and corruption are betrayals of trust. Noonan also puts it elegantly
when he says: "the social injury inflicted by breaches of trust goes beyond any material
measurement. When government officials act to enrich themselves they act against the fabric on
which they depend, for what else does government rest upon except the expectation that those
chosen to act for the public welfare will serve that welfare?" Equally important, bribery and
corruption are deeply at odds with the moral basis of most of the world's great religions, which have
often provided the moral underpinnings of the modern state, as is
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The Watergate Scandal
International bribery is a highly important activity that occurs between corporations and
governments. As a result of globalization the world has become far more interconnected and as a
result of that interconnectedness it has become easier for corporations to engage in activities such as
bribery or corruption. The video dicussed how corporations engage in bribery so that they can obtain
jobs in the regions that they engage in business. As a result of globalization businesses have a
greater capability of engaging in business around the world. Furthermore other than increasing their
ability to engage in business, globalization also infleunces how the world views business. One of the
core tenents to running a business is for a business to make money and to increase in size. As a
result of that engaging in activities that increase a businesses capability to make money and increase
its size is of great importance. Furthermore, as a result of that focus on increasing the sizes of
businesses, globalization has furthered the spread of business. Globalization influences the world
economically, ... Show more content on Helpwriting.net ...
The video discussed how the United States began confronting corruption in the government as a
result of bribery by making it illegal for United States corporations to engage in bribery. One of the
major motives for such laws to forbid bribery was the Watergate Scandal, where President Nixon
was reelected as a result of corporations using their corporate funds to fund his campaign.
Additionally when the Saudi Arabian ambassador was found to be involved in bribery and involved
in dubious economic activities. Finding that the Saudi Arabian ambassador was involved
questionable activites where he had a large amount of money transfered to accounts that he had in
the United States, the United States was forced to confront bribery with in its
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The Controversy Of Bribery In The United States
In my opinion every country is corrupt and has pliantly of bribery in their governments, businesses,
and even households. Bribery in its most basic form is the practice of giving gifts of monetary value
to a client or potential customer to persuade their decision. According to Black Law's Dictionary,
bribery is "The offering, giving, receiving, or soliciting of any item of value to influence the actions
of an official or other person in charge of a public or legal duty." This practice constitutes a crime in
most developed countries and is highly controversial. As with any controversy, bribery has its
advantages as well as problems. Common advantages of bribery include gaining business without
needing to have superior quality or services, building ... Show more content on Helpwriting.net ...
Fox Cable News is among the more corrupt institutions in American society, purveying outright lies
for the benefit of the billionaire class. The US is so corrupt that it is resisting the obvious urgency to
slash carbon production. Even our relatively progressive president talks about exploiting all sources
of energy, as though hydrocarbons were just as valuable as green energy and as though
hydrocarbons weren't poisoning the earth. So don't tell the Philippines or the other victims of
American corruption how corrupt they are for taking a few petty bribes. Americans are not seen as
corrupt because we only deal in the big denominations. Steal $2 trillion and you aren't corrupt,
you're respectable. The costs of corruption are immeasurable injustice, misallocation of resources,
economic decay. Corruption affects a staggering number of livelihoods and lives and erodes the faith
of citizens in their governments and in the rule of law. The United States views corruption as a
growing threat to the national security of our country and allies around the
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Bribery And Corruption Of India
In this article, the author was able to engage the mind of the readers through justified usage of
substantial information, text structure and language. The author is aware that the readers has
effective and cognitive needs where information provided need to backed with solid proof and
statistics, and the needs of effective presentation which "hooks" them from the beginning, the article
is written with its original and familiar substances, to attract the attention of the readers emotionally
and intellectually and the presentation of the case that gives a voice.
The topic of bribery in India or any other countries for that matter, it is utmost important that we
understand the points raised correctly and precisely. For this article, the viewpoint by the author was
clear, coherent, and elaborated accordingly to the challenges faced by international firms in the form
of bribery and corruption in doing business in the national or state level in India.
For every argument, relevant and sufficient references were provided. The purpose of the author was
to explain how bribery was involved in all of the businesses operated in India, and how this affects
the people, business and their government. The author's idea is stated, then elaborated upon so that
the reader can visualize and build their own perception and to be able to interpret and understand the
bribery in India, and to a conclusion that India's state of bribery was serious, unfair and non–
transparent.
Providing viewpoint
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Foreign Corrupt Practice Act
The US Foreign Corrupt Practice Act (FCPA) of 1977 is the anti–corruption law. It was the first law
that introduce corporate liability which is responsible for the third parties and extraterritoriality for
corruption offences, which cause companies and persons can be held criminally and civilly
responsible for corruption offences committed aboard. Since 1977, the anti–bribery provisions of the
FCPA have applied to all U.S. persons and certain foreign issuers of securities. With the enactment
of certain amendments in 1998, the anti–bribery provisions of the FCPA now also apply to foreign
firms and persons who cause, directly or through agents, an act in furtherance of such a corrupt
payment to take place within the territory of the United ... Show more content on Helpwriting.net ...
To have a record in criminal penalty, you may be imposed for violations of the FCPA's anti–bribery
provisons: corporations and other business companies are written up to a fine up to $2,000,000;
$100,000 and imprisonment for up to five years. The actual fine could be up to twice the benefir that
the defendant may seek to obtain by making the corrupt payment. Beware that the fines imposed on
individuals may not be paid by their employer. Majority of the businesses can face up to $10
thousand in civil sanctions for violating the ACT. While officers, directors, employees and agents of
the companies can may face same charge for violating the ACT, companies can be lucky by not
paying for any fines that are imposed on
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Brribery Shutdown Case Study : Walmart's Bribery Shutdown
Walmart's Bribery Shutdown Case Study Being one of the largest retail companies Walmart Stores,
Inc. was founded by Sam Walton in Bentonville, Arkansas. It is one of the largest private employer
companies, with 8,500 stores in 15 countries with 55 different names. That employees 2.1 million
people and serving 138 million customers per week worldwide, with an annual of $419 billion in
sales which is about $35 billion per month. And in Mexico it is the largest private employer in the
country with an outstanding 209,000 employees. Yet Walmart in Mexico which is Walmart de
Mexico was accused of bribery to win the market over its competitors. In 2012 the New York Times
one of the most respected daily newspapers published a story in the front page an investigation of
bribery allegations that concerned Walmart de Mexico which was extended into three more papers in
its daily newspaper. And that Walmart de Mexico orchestrated a campaign of briberies to
government officials to win market dominance and to obtain permits all over the country. Adding on
its story or investigation that the bribes are unethical and illegal and that they violate Mexican laws
and the Foreign Corrupt Practices Act. Further in the story the New York Times alleged that
Walmart was fully aware of the bribery accusation and then it shut down its investigation without
reaching a conclusion. As the Times brought up these accusations after years Walmart stocks
plummeted and it was accounted for one–fifth of
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Bribery
Bryan Jaeger
Business and Ethics
UI400–01
April 20, 2015
International Business and Bribery Have you ever bribed someone to let you do something that you
weren't allowed to do? As much as I hate to admit to it, I have done it my fair share of times.
Bribery can be a good or bad thing depending on the situation and how the bribe is used. No matter
what I believe that bribery can usually lead to bad consequences. Though it can happen for just
small things such as slipping someone a 20 dollar bill to get you into a club, it can also happen in
big corporations that are involved in international business. If they are discovered by the
government these big companies will pretty much lose everything. For example, "In February of
1975, Eli ... Show more content on Helpwriting.net ...
Pretty much in simpler terms this is completely wrong and unjustified to comprise citizens' rights
just for some money or tax breaks. It is all about supply and demand with corporations and
government officials. Corruption also has its supply and demand side. The corporations are
supplying the bribes to get stuff cheaper for them and the officials of the government are demanding
these bribes because they are greedy. The problem with this whole thing is every attempt the
government makes they only are able to attack one side of the corruption. Every time they come out
with a new law or a new act it is only focused on one side of the problem. According to Hess and
Dunfee, "An effective anticorruption system requires a variety of measures attacking all sides"
(Arnold, Beauchamp, and Bowie 577). They have to fight it from both sides are it will surely fail.
Even if the corporations stopped supplying the bribes the government officials would demand them
to continue because they enjoy the benefits of bribes. On the other hand if the government officials
tried to stop demanding bribes, the corporations would just increase their bribes to get them to
continue to take them. This overall corruption between government officials and corporations are
hurting human rights. Throughout the world there are a lot of international human rights
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Foreign Corrupt Practices Act :
Shivangi Patel
LAW 110 – MO1
Vincent Petraro
Foreign Corrupt Practices Act
Foreign Corrupt Practices Act was introduced in 1977.It was made effective from December
19, 1977. Foreign Corrupt Practices Act applies to all citizen of United State and certain foreign
issuers of security and foreign companies. The Minor changes were made in the year 1988 and in
1998.Foreign Corrupt Practices Act has two main Provision (a)Accounting Transparency under
Securities Exchange Commission, 1934. (b)Bribery of Foreign Officials.
Department of Justice (DOJ)and Securities Exchange Commission(SEC) are responsible for
enforcement of Foreign Corrupt Practices Act. Powerful influence of both Department of
Justice and Securities Exchange Commission ... Show more content on Helpwriting.net ...
However, due to enforcement of Foreign Corrupt Practices Act, the US exports decreased which
also resulted in decrease of Foreign Direct Investment because
Foreign Corrupt Practices Act discourages firms from investing in foreign markets. Companies
engaging in mergers and acquisition in emerging markets face uniquely increased level of regulatory
and corruption risk.
This is mainly due to three reasons:
1) In many foreign countries, informal payments substitute for formal economic institutions familiar
to enforcement officials in developed countries, implying that on formal payments reduce US
companies access to foreign economic institutions.
2) Foreign Corrupt Practices Act enforcement imposes direct cost on international investment
through fines. Profit disgorgement, and reputational degradation that occurs when companies are
targeted by Department of Justice and Securities Exchange Commission. Also, agencies possess
enormous scope while deciding which payments are to be classified as bribes.
3) The lack of clarity of informal payments which triggers increase in legal defense, and due
diligence spending by US multinational it raises the cost of investing in the foreign markets. To
compete in global markets US firms were trying to subvert anti–bribery legislation. They can
substitute financial contribution for hiring additional labors. Thus, they would reduce capital– to–
labor–ratio. American firms
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The Foreign Corrupt Practices Act
The Foreign Corrupt Practices Act The Foreign Corrupt Practices Act (FCPA) of 1977 and the
corresponding amendments set forth by the Omnibus Trade and Competitiveness Act of 1988 and
Amendments of 1998 have tremendous ramifications for U.S. multinational companies at large, their
subsidiaries, and foreign partners. While the main purpose of the original policy was to make it
"unlawful to bribe foreign government officials to obtain or retain business", the many statutes, their
exceptions, and enforcement have gone through several iterations and most recently expanded
jurisdiction of the law to non–U.S. territories. In bribery cases, several conditions involving the
perpetrator, intent of the act, and the recipient of the bribe, ... Show more content on Helpwriting.net
...
of Justice, Lay–Person's Guide). In regard to corruption and bribery by U.S. companies and their
agents conducting business overseas, the State Department claims that the U.S. "has been a leader in
the multinational effort to end bribery and corruption in international practices, a campaign...
supported by the United Nations, the Organization of American States, the Organization for
Economic Co–operation and Development (OECD), and other multilateral organizations and
institutions" (U.S. Dept. of State). This statement clearly demonstrates that the need to address and
deter corruption and bribery in the international business environment is recognized as an important
initiative, worth pursuing and requiring the cooperation of many nations. Even though it took the
U.S. nearly ten years to bring thirty–three countries on board to take part in a multinational anti–
bribery initiative, they did so by signing the OECD Convention on Combating Bribery of Foreign
Public Officials in International Business Transactions (US Dept. of Justice, Lay–Person's Guide).
The sanctions that are in place to punish noncompliance with the FCPA, including criminal and civil
penalties, exist in the form of imprisonment and fines, and those sanctions are severe. Criminally,
penal fines can reach up to $2 million or even exceed that amount in exceptional circumstances.
These substantial fines are imposed on the individual and payable only by the individual, thus
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Sarbanes Oxley Act :, And The Portion Of Domestic Antitrust
Sarbanes Oxley Act Lastly, for the portion of domestic antitrust, we will examine the Sarbanes
Oxley Act. Enacted in 2002 it increases transparency in accounting. It was designed to prevent
accounting errors and fraud in financial disclosures. The SOX act stipulates that the periodic
financial reports be carried out in a certain way. The signing officers must review and certify the
report prior to release. They are required to make sure all information is clear, true, not misleading
and does not omit any important details. The signing officers are also required to evaluate the
internal controls and their effectiveness within ninety days of the report. If there are any areas of
internal control that are not working or may have issues they must also report this, along with any
responsible employees. Finally, they must make sure the financial picture is being fairly portrayed
through all of this. Intro to foreign Antitrust It is of upmost importance that as you enter into each
foreign market every representative of the company has been well informed of the foreign antitrust
legislation as well. This will limit the potential exposures the company undertakes, so we will also
be examining laws that govern the Canadian, British and Chinese markets you will be entering.
Making sure that all these guidelines are followed will allow for smooth transactions and business in
the host country without any cause for repercussions. Canadian Antitrust We will begin by
discussing
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Laundering Act 2010 Of Britain, Canada And China
Sentence guildline in Britain, Canada and China
Since 2003, more than one hundred countries have signed on the United Nations Convention
Against Corruption . Moreover, to eliminate corruption has become a common action in countries
around the world. To this end, all countries have gone on in the unremitting exploration and
achieved good results. Since the company thinks about going in the market of Britain, Canada and
China, therefore, it is necessary for the company to know about the sentence guideline of them. In
the following essay, it will talk about the sentence guildline of foreign corruption in Britain, Canada
and China.
The Bribery Act 2010 of Britain
As far as Britain is concrned, the Bribery Act 2010 should be highly alerted, ... Show more content
on Helpwriting.net ...
But compared with Foreign Corrupt Practices Act, the new bill rules more strictly, involving in a
wider range. At present, many multinational companies are starting to view Bribery Act 2010 as the
international anti–corruption standard they must reach.
Moreover, the biggest bright spot of Bribery Act 2010 is to set up two new crimes, the bribery of
foreign public officials and strict liability of the company who does not prevent bribery. According
to the act, to bribe the individual who is in British foreign legislative, executive or judicial position,
or to exercise any public function or as a public international organization agent, will all be
committed a crime as bribery of foreign public officials. Also, it put forward some new legal
requirements. As far as Prevention of Bribery of Negligence is concerned, it is a new charge created
by the act. Besides, it is set against the establishment of the company, which points out that if the
company 's employees, subsidiaries, offices and even other third party implement bribery for the
company's interests, no matter these actions are taken in the United Kingdom or abroad, the
company will be charged, even if it is not involved or has no idea of this(Mukwiri, 2015).
In addition, due to the new act, when a foreign company conducts business in the United Kingdom,
if its agents, employees or affiliates are caught in bribery or corruption anywhere in the world, the
company have to bear criminal
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Bribery & Corruption
Bribery and Corruption:
Is Signing the OECD Convention Enough?
Darina Tomayeva
500127919
LAW724
Professor Lan
Word Count: 1645
Bribery and Corruption: Is Signing the OECD Convention Enough?
Before the 1990's, the conventional belief was that corruption in developing countries was
practically inevitable and in some cases even desirable. However, a more in–depth investigation into
this issue suggests that bribery and corruption can cause significant problems for all parties
involved. For example, for suppliers of bribes such as corporations, it can cause many uncertainties
since the quality and the price of their products are not the only factors considered in the transaction
(Hamra, 2000). Therefore, corporations are not usually ... Show more content on Helpwriting.net ...
Russian government authorities claim that the facility violates various safety regulations. However,
IKEA argues that the requirement that the mall be able to withstand near hurricane force winds are
ludicrous because there is not history of such weather conditions existing in the area. These
regulations appear to be intentional and artificial roadblocks put in place due to high levels of
corruption. This recent incident with IKEA may dissuade other foreign investors from investing into
the Russian economy since they will need a large number of approvals from an incredible number of
agencies. This process provides for unlimited corruption opportunities. It is challenging for
countries to fight against corruption because of the difficulty in proving that such illegal transaction
took place (Bloombergs Businessweek Magazine, 2009).
In countries such as Russia, corruption and bribery are common because poverty is prevalent among
the largest part of the population. On the other hand, Georgia has recently executed a rigorous fight
against bribery and corruption. Even though, poverty is wide spread in the country of Georgia, it
proved that corruption can be broken with appropriate and decisive reforms. The World Bank's
Doing Business listed Georgia 16th easiest place for a company to do business, up from 112th in
2005 (Organized Crime and Corruption Reporting Project, 2012) . With the
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Bribery In Beowulf
Clashing swords against hardened scaly skin, dragons, monsters, blood and gore, feast of drunken
celebrations and tales of legendary personal feats– these are the ideas that engross our minds when
imagining the Scandinavian–Anglo–Saxon literature. Yet these classics, as beautifully and
memorable the words flow, have been touched by the minds of many hands, of many cultures,
causing differing and opposing ideology inflicted on main characters. Such as, in Beowulf, where he
is depicted as both heroic yet iniquitous, depending on which battle one reads. Beowulf character's
contrasting facets come in part of the two cultural and religious doctrines, Christians Anglo–Saxons
and Norse Scandinavians, which took apart in rewriting the epic poem. ... Show more content on
Helpwriting.net ...
Beowulf is disciplined, coming to fight Grendel without the hopes of bribery. He is courageous by
deciding to fight a man–eating monster without his sword. Beowulf's perseverance with defeating
Grendel's Mother, even when his borrowed sword did no damage. Self–reliant in always battling by
himself. Beowulf's honor for his kind and family shines greatly in his first introduction to the Dance,
"We are Geats/ Men who follow Higlac. My father/ Was a famous soldier, known far and wide/ As a
leader of men./ His name was Edgetho" (260–263). He is quick to start is job in defeating monsters,
industriousness in his work attitude. Hospitable towards Unferth even though his is not treated in
kind. And finally, Beowulf's battles with both Grendel and Grendel's Mother were both metaphors of
evil vs. good, of light vs. dark, with Beowulf being a positive aspect, henceforth representing this
idea of journeying for truth of the world. Yet with all of these heroic traits of the Germanic, by
Christian standards address him as flawed and sinful– an antihero. Beowulf lacks the attributes of
prudence and temperance, credos of Christianity. In the third battle, "... for the first time in his life
that famous prince/ Fought with fate against him, with glory/ Denied him" because his reason for
fighting conflicts with the Anglo–Saxon axioms (2573–2575). Beowulf dies in the mist of battle not
because the Dragon was an equal foe but because he was left alone; self–reliance is no longer a
positive
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King Lear: Bribery, Corruption, And The Trial
Bribery, Corruption, and Death. Oh, My!
In Joseph Conrad's Heart of Darkness, William Shakespeare's King Lear, and Franz Kafka's The
Trial, corruption plays a central role. In the first, European greed for ivory leads to the corruption of
individuals like Kurtz and the abuse of the native population. In the second, King Lear's devolution
of power to his corrupt daughters leads to a war and the deaths of ten characters. In the third, a
corrupt organization upends Josef K.'s life. In all, power leads to corruption, which in turn leads to
ruin.
In Heart of Darkness, the "precious trickle of ivory" from the Congo begets and corrupts everything
(Conrad, 18). Kurtz, in his pursuit of ivory, becomes distorted. He changes from a "universal
genius" to a barbaric figure that places the heads of decapitated natives on spikes facing him in
worship and sick veneration (Conrad, 72). ... Show more content on Helpwriting.net ...
King Lear devolves his power to Regan and Goneril, two corrupt daughters greedy for power, who
lie about loving him. Immediately upon receiving half of the kingdom, they plot against King Lear,
with Goneril urging immediate action, arguing to "do something, and i'th'heat" (Shakespeare,
1.1.304). To ensure their control, they rid King Lear of his knights, entreating him "to bring but
five–and–twenty" and refusing to house more, thus making him completely dependent on them
(Shakespeare, 2.4.245). Through their nefarious actions, the sisters not only demonstrate their lack
of love for King Lear, but also their own corruption and power–lust, which lead to King Lear's
mistreatment and war with France, as Cordelia returns to care for her father and restore him to the
throne. Many, including King Lear and all his daughters, die. Ultimately, a potentially corrupt act
gave power to two definitely corrupt individuals and resulted in a chain of events that claimed the
lives of ten characters, again proving the destructive power of
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Effects Of Bribery And Corruption In Kurdistan
Bribery and Corruption in Kurdistan
Corruption and bribery are like cancer in most governments and businesses around the world. There
is always someone that is not being faithful in his job. Kurdistan like every other country is facing
this type of conflict. It is destroying the economy of the region. Kurdistan has been going through an
economy crisis in the past few years, corruption and bribery are a big aspect of this crisis. It happens
in every day's life everywhere around us. Bribery can be defined as offering something, usually
money to gain advantage. On the other hand, corruption is to abuse a position or to use the power of
your position to gain advantage. Whenever either one of these ways of gaining advantage is used,
other ... Show more content on Helpwriting.net ...
The future of this region is in the hand of the students, so if the students are not properly educated,
the future of this region will be between some ignorant people's hands. This conflict is harmful on so
many levels. In order to resolve a conflict one must find the roots of the conflict or what causes it.
The reason why students can easily bribe teachers is because the salaries of teachers are not
adequate to cover their needs and demands. If the government could pay the teachers higher salaries
that can cover all of their needs, they will not take bribes from students. The low salary issue goes
back to the bad economy in Kurdistan, and beside that they are not giving the salaries in time
causing the rates of bribery to increase. They are also implementing taxes which are surely going to
effect lower and middle class people. Not having an infrastructure that the region can depend on
when it's going through a crisis is a huge cause of this phenomena. The educational system is
corrupted as well, because during this crisis teacher are even more volatile that before to be forced
by the higher class of the people with the power. The reason
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The association between corporate governance and financial...
The association between corporate governance and financial reporting quality is a fundamental topic
in accounting research. Corporate governance is defined as the set of internal and external
monitoring mechanisms designed to mitigate the agency costs inherent in the corporate form of
ownership (Jensen and Meckling 1976). Financial reporting quality refers to the accuracy and
precision with which financial statements convey information about a firm's operations (Biddle et al.
2009). Previous studies use various indicators of financial misreporting (such as restatements,
discretionary accruals, and Securities and Exchange Commission (SEC) enforcement releases) as
proxies for financial reporting quality (Dechow et el. 2010). These studies ... Show more content on
Helpwriting.net ...
As Karpoff et al. (2008a, b) discuss, the AAER designation is a secondary designation which the
SEC attaches to enforcement actions. In fact, 14% of FCPA enforcement actions for financial
misrepresentation do not have any related AAERs (Correia 2009).
With regards to the anti–bribery provisions of the FCPA, Karpoff, Lee and Martin (2014) estimate
that 22.9% of Compustat–listed firms with foreign sales engaged in a program of prosecutable
bribery at least once during the period from 1978 to 2012. This implies that 77.1% of firms with
foreign sales resist paying bribes and violating U.S. and international regulations. Why some
companies engage in activities that violate the anti–bribery and/or the accounting provisions of the
FCPA is an empirical question. I investigate whether corporate culture, as proxied by an array of
corporate governance mechanisms, is associated with the likelihood of FCPA violations.
Regulators have expressed an interest in knowing the characteristics of FCPA firms (such as poor
tone–at–the top or controls incapable of detecting misconduct). The SEC outlines the following
criteria for considering whether or not to bring enforcement action: "How did the misconduct arise?
Is it the result of pressure placed on employees to achieve specific results, or a tone of lawlessness
set by those in control of the company? What compliance procedures were in place to prevent the
misconduct now
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International Bribery Regulation And The Bribery Act 2010
2.4 International Bribery Regulation and the Bribery Act 2010
2.4.1 Development of National and Transnational Ethics Regulations
The development of national and international bribery legislation and regulation has been a slow
process spanning many centuries, stemming from the recognition of Piracy as the first and true
international crime (Duhaime's Law Dictionary, 2015). Although wide agreement exists on the
detrimental impacts of bribery and corrupt practices, many individual countries and transnational
industries (including that of civil engineering) fear implementation of tough anti–bribery legislation
will cause unfair competitive disadvantages compared to their counterparts from countries where
foreign bribery is not criminalised (OECD Observer, 2012).
The first major push to implement anti–bribery legislation was taken by the United States with the
Foreign Corrupt Practices Act (FCPA) 1977; this law made it illegal for certain classes of U.S.
persons to make payments to foreign government officials to assist in obtaining or retaining business
(U.S. Department of Justice, 2015). The broader development of ethics based law and regulation has
developed primarily throughout the 20th century; particularly post 1950 when most of the worlds
Inter Governmental Organisations (IGOs) had been established. Some of the most important IGOs
in this area include the United Nations (UN), World Bank, World Economic Forum (WEF) and
Organisations for Economic Co–operations and
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The Ethical And Unethical Behavior
One of the greatest challenges of moral reasoning involves deciding where to draw the line between
an ethical and unethical behavior. Morals help us determine what actions are right and wrong. We
must consider all the good and bad consequences when deciding if an action is right or wrong.
While some actions are clearly right, others are clearly wrong; sometimes our judgment may
become cloudy, causing it to be difficult to make the right decision, and that's when there is a
conflict of interest. Conflict of interest always leads to bad outcome because your judgment is being
influenced; it's an unethical behavior. One moral dilemma we come across in today's society is
bribery. Bribery is the practice of extortion; bribery and extortion have many elements in common
therefore it can easily be misunderstand as the other. Bribery is the offering of anything of value,
such as gifts or money, in exchange to do something illegally; it is a way of getting preferential
treatment and inherent favoritism. The world's largest foreign bribery case was against Siemens AG.
Extortion is blackmailing, a crime where one person forces another person to do something against
his own will; obtaining something by illegal threats such as getting another's money or property
through force.
Bribery is an unethical practice because it involves conflict of interest; it corrupts both the giver and
recipient because it involves a breach of trust. Bribery is a crime against trust. While bribery is
viewed as
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The Controversy Of Bribery
A bribe is to persuade someone to act in one's favor, typically illegally or dishonestly, by a gift of
money or other inducements. Many companies have been accused of bribery within their
organization. Some of America's most well–known companies have been accused of this crime.
Famous brands we all know such as Johnson & Johnson, Hewlett–Packard, Tyson Foods, Ralph
Lauren, Wal–Mart and many more have all allegedly been responsible for giving money or other
benefits in exchange for favors that will bend the law. "Today, corruption costs the global economy
some $2.6 trillion every year, or 5 percent of global GDP", according to the World Economic
Forum. In the United States, stricter enforcement has increased and more companies have been
caught; ... Show more content on Helpwriting.net ...
One way for a company to avoid bribery within the company is to assess all the risks that have to do
with bribery. Businesses must educate the employees about the risks involved. In most countries,
bribery or acts of corruption are punishable by law which can bring a bad name to the company and
later lead to trust issues. This can severely hinder the profitability of a business. A company that has
been found guilty of bribes can lose consumer confidence; which results in the loss of profit.
Companies must be aware of the differences and rules of conducting business within other countries
and avoid any malpractices (Prevent Bribery). Another way to avoid bribery is there must be a zero
tolerance policy towards bribery within the entire company. This can be ensured by top management
explaining that bribery can lead to severe consequences which can involve imprisonment, heavy
fines, and termination. Additionally, a company must thoroughly run a background check of the
client's, vendors, and partners; as well as their credibility in the marketplace. Any cases of past
history involving instances of bribery or corruption should serve as a red flag or warning to a
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Corruption : A Great Distress Business Industry
When first hearing the words bribery, extortion, lubrication and subornation, one might first think of
money or ways of getting more of what you ant for a cost. Corrupt practices in business transactions
are a great distress business industry, especially when it becomes the international business market.
These corrupt practices include bribery, extortion, lubrication and subordination. Extortion,
lubrication and subordination are different variations of bribery. Money in today's society is what
keeps the world running in most cases. Bribery first came about in the fourteenth century by the
works of Chaucer and his contemporaries (Quinion, 1). In the fourteenth century the worst often
offenders were judges and public officials, who exhorted ... Show more content on Helpwriting.net
...
Bribery can most simply be described as money being voluntarily offered by someone seeking an
unlawful advantage (Gilly, 152). It wasn't until the 1970s, when bribery became a national issue
with public disclosure of political payoffs to foreign recipients by U.S. firms. Most cultures seem to
be more open to bribery, but in the United States, they are disdainful to these practices now. The
words extortion, lubrication and subornation often can be grouped under the term bribery out of
ignorance, even though they are, in fact, unalike (Gilly, 152). The difference between bribery and
extortion can be described as bribery is from an offer to someone else, while extortion is a demand
for payment. One example of bribery, which happens quite frequently, would be a restaurant or food
industry offering a bribe to the health inspector to ignore health regulations the restaurant may be
violating (Digh, 90). The health inspector may see issues violating health code that could affect the
consumers, but as the restaurant owner slips a one hundred dollar bill under the table to him, he then
may "ignore" these obvious violations. Another example of bribery, which is used almost everyday,
would be to offer money or a gift to be moved higher on a waiting list for a restaurant. This bribe is
often little, but in most cases restaurant hostesses are not allowed to accept these bribes or
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Corruption International Business Concerns The Making Of...
Corruption international business concerns the making of an unlawful payment to the politician's
government officials of a host company. The causes of corruption are multidimensional including
cultural economic political legal and institutional factors that have different variations from one
country to the other. The Foreign Corrupt Practices act was passed in 1977 to prohibit the bribes and
gifts to foreign officials as a method of payment influencing businesses and government decisions
and to limit the payment of fees, gifts, or bribes to low ranking government officials and mandate
financial reporting of such expenditures. At present corruption in international business is relatively
prevalent. The laws of many countries against the ... Show more content on Helpwriting.net ...
The rise of bribery in international transactions as the front position of political corruptions has had
compounding costs. A further explanation of these costs of bribery more in depth, they include
transactions that are inefficient, abuse of due process and civil liberties, the subverting of the
democratic process and the reduction in economic efficiency. On the political and economic systems
that they take place in. As a response to the rise of bribery in these types of transactions, many
international organizations such as the Organization for Economic Co–Operation and Development
(OECD).The OECD is an international economic organization that consist of 34 countries and are
committed to fair democratic solutions in a market economy standpoint. Have organized
communiqués to counteract the negative effects of bribery, and corruption in general. The OECD
passed its official communiqué clarifying its stance on situations in which bribery occurs in
December of 1997. This convention is legally binding international agreements, through which the
execution of effective policies to prevent, detect, investigate, and sanction foreign bribery in
international transactions can occur. The origination of the convention as the forefront authority on
bribery in international business (OECD.org) This document has required the countries that have
signed it to draft legislation in their individual states that criminalizes bribery in the form of bribing
a public
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Advantages Of Giving Bribery
Giving bribes is also known as facilitating payments. It has different names in countries, the
mexicans call it la mordida, south africans call it dash, india and pakistan call it bakshash and
italians call it bustrella. A company that is global and deals with international affairs has to
understand that bribery is practiced more in some countries than others
Bribery is becoming more expensive around the world because of business transparency. Different
individuals working on different fields come together and strike deals. In the world of business,
there is always someone somewhere who has what u need and at times, one is tempted to getting
what they need in ways that is not very fair and legal. For example there was a situation where a
task manager ... Show more content on Helpwriting.net ...
When each nation that deals with either gas, oil and mines decide to make bribery as a normal affair
then bribery will always be on the rise because when there is new management, they always try and
make profits as the old ones and do not really concider what is ethical or not as long as the tasks are
done and profits are made in the organisation.
The extractive industries transperency initiative (EITI) are really trying to stop or minimize bribery
in the mining, oil and gas companies by making companies pay off their money to one independent
audit which will make tracking of payments easier and if there is anything left out or any good
leaving and no full payments is done then they will automatically know something is up and trace
the transaction to find out what is missing.
The world is shrinking technologically and because of this, people stop being ethical and make laws
against the ethical side of seing things.
The united states came up with the Foreign Corrupt Practices act which prohibited US companies
from offering or providing payments to officials of foreign governments for the purpose of retaining
or obtaining business
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Bribery And Ethics Of The United States
Bribery and Ethics
Sarah A. Rowe
Campbellsville University
Abstract Bribery has become a common term in the corporate world, specifically when international
business deals are discussed. Until 1977, it was legal in the United States to bribe foreign officials in
order to receive preference or a better business deal. But, the passing of the Foreign Corruption
Practices Act of 1977 and its subsequent amendments made it a criminal act for any organization
within the U.S. or foreign organization doing business in the United States, to practice any form of
bribery and also required the President of the United States to engage other nations in creating
similar laws. Since, many nations have chosen to band together against bribery and have formed the
Organization for Economic Cooperation and Development that ultimately created the Convention on
Combating Bribery of Foreign Public Officials in International Business Transactions. This now
makes it illegal to practice bribery in any of the countries that are part of this organization. While the
United States and the world has come a long way in stamping out bribery, there are still some
organizations that think they can get away with it but end up with massive fines and prison time.
But, with so many nations banding together, one can still be hopeful for a world in which we can do
business ethically with other ethical businesses around the world. Bribery and Ethics
Bribery of foreign public officials is something
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Bribery
Research Methodology
Title
A study of the effect of bribery and corruption with lack of censorship in the governmental
institution
There are various reasons why corruption takes place and takes hold. Sometimes it is due to the fact
that officials are simply not paid very much and so they need to supplement their salaries with
money from bribes. Sometimes the bureaucratic system is set up in such a way that officials simply
refuse to carry out their duties unless they are 'encouraged' by being offered bribes. In other cases it
is actually part of the tradition and culture of a country to give and receive 'gifts' in order to get
anything done. In some cases companies from less corrupt countries allegedly engage in bribery in
order ... Show more content on Helpwriting.net ...
Mostly, corruption occurs in environments where it is tolerated and where the temptation is too
strong to resist. In the following paragraph there are some examples of how bribes take place in each
and every one of them. The enormous scale of grand corruption in Peru was revealed in 2000 by
discoveries leading to the resignation and self–exile of the president, Alberto Fujimori. Video–taped
evidence showed that Vladimir Montesano's, Fujimori's spy chief, had repeatedly bribed
congressmen to defect to Fujimori's party to ensure its majority in congress. In addition, large bribes
had enabled Montesano's to control most of the media and influence the judiciary. However,
Fujimori is credited with having reduced petty corruption. His administration pursued policies
reducing the role of government, which he justified not only on efficiency grounds, but on the
grounds that reducing the role of government would reduce opportunities for corruption. He
attempted to reduce corruption in the police and municipal governments, in the latter case by
establishing a supervisory agency to field citizen complaints. However, his reforms of the judiciary
are thought to have made it more corrupt. Despite some progress, however, several institutions with
which ordinary people have much contact were judged to be corrupt by Transparency International
in a November 2001 report. ast week did not begin well for Siemens CEO Klaus Kleinfeld, 49, and
supervisory board
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Anti Corruption Law
Company Law Cons Even though the Hong Kong Bribery Law acts effectively in anti–corruption
compared to the mainland bribery law, there are still some loopholes, especially when compared to
the UK Bribery Act and the US Foreign Corrupt Practices Act. Similar to the effectives of the
Bribery Law, the defects of the HK bribery law also covers equality, enforceability, recourse
efficiency and law as a reflection of community standards and expectation four aspects, and each
will be discussed with relevant cases. 1. Equality 2.1 Foreign bribes
With the prevalence of overseas corruption, most of the countries have set specific regulation
against foreign bribes. For example, both the UK Bribery Act and the US Foreign ... Show more
content on Helpwriting.net ...
However, under the US bribery law system, there is specific ordinance regulated that the President
should publicly disclose personal financial information, including personal gifts over $ 350 which
have been received by him and his immediate family. And the public disclosure reports are required
each May 15th.
It can be seen that Hong Kong is substantially lagging behind on rules about supervising activities of
the Chief Executive. What should also be noticed is that this case is still in process since the
investigation started in 2012 because of the grey area and loopholes in the Hong Kong Bribery Law.
2. Enforceability
When it comes to the enforcement of the Bribery Law, the enforce agent, Independent Commission
Against Corruption (ICAC) plays a very important and positive role in the Hong Kong anti bribery
history. However, with the recent development, some issues have been raised concerning the
effectiveness of ICAC. 3.3 Invading privacy and violating legal professional privilege
According to Mr Young, in the case Leung Kwok Hung v. Chief Executive, it was held that the chief
executive exercised statutory power to intercept private telecommunications violated the
constitutional principle of law certainty and other forms of covert surveillance had no legal basis.
Moreover, the Commission of Interception of Communications and Surveillance revealed that in
many
... Get more on HelpWriting.net ...
Baker Hughes: Foreign Corrupt Practices Act Study Questions
1. Describe the economic and social impact of bribes and other similar payments in emerging
economics. In emerging economies, bribes and other similar payments have a negative impact. Such
corruption, although appearing to provide short term growth, will not turn into long term growth.
Corruption reduces the efficiencies of the operations of the market economy and a loss of direct
foreign investment in countries where participation in corruption is how business is done. Politicians
and government officials worldwide receive bribes valued between $20 billion and $40 billion
annually. Companies that participate in bribing can face reputational damage and loss of investors.
According to the World Bank, 0.5% of GDP is lost due to ... Show more content on Helpwriting.net
...
Indirectly being involved is still a foreign corrupt practice.
6. Evaluate whether the changes in Exhibits 4 and 5 are likely to stop future foreign corrupt
practices at Baker Hughes.
Exhibits 4 and 5 are likely to help stop future foreign corrupt practices. To have a set of rules and
expectations such as in Exhibit 4, the due diligence procedures, helps by leaving a paper trail. It is
important to document the process of hiring a new agent, to make sure that you are complying with
the FCPA. Exhibit 5 is also helpful because it is a reference point for anyone who may not be
familiar with corruption in international business. To have a set of red flags that can be referenced, it
can reduce employees just looking the other way and claiming they were not aware of the potential
for corruption during a business deal. While neither of these will stop every occurrence of corrupt
practices, having them in place will cause employees to think twice about engaging in such
practices. If there is a standard for everyone to follow, it will also be easier to catch those that still
decide to intentionally engage in foreign corrupt practices because they will be unable to say they
did not know what was happening.
7. Discuss how the compliance and governance changes are likely to impact the future profits and
shareholder value at Baker Hughes.
Compliance and governance changes will be likely to increase future profits and shareholder value
at
... Get more on HelpWriting.net ...

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Los Angeles Bribery Case Study

  • 1. Los Angeles Bribery Case Study Los Angeles Bribery of Country Supervisors and Public Corporations In the state of California, bribery of a county supervisor or a public corporation is a violation of Penal Code 165 pc, and it comes with severe consequences. Not only can bribing a county supervisor or public corporation ruin your reputation, but it can end up costing you your freedom. This is why a person who has been charged with violating Penal Code 165 pc, will need an experienced attorney that has the capacity to help you effectively negotiate the rugged terrain of defending yourself against the allegations. Our law firm has a number of lawyers who have the experience and the resources to examine and investigate the facts of the case to look for discrepancies and mistakes ... Get more on HelpWriting.net ...
  • 2.
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  • 5. Siemens Ag Bribery Siemens AG Bribery Scandal This paper will focus on the analysis of the well–known and popular bribery scandal in the world, such as Siemens AG Bribery Scandal which occurred in November, 2006. Siemens AG is one of the largest and most popular electrical engineering companies operated in the world. The present company was founded in 1847 in Berlin and is now headquartered in Munich, Germany. The discussion and the proper analysis of this bribery scandal will help to learn many effective lessons from this situation helping organizations and individuals to avoid such cases and experiences in the future. Siemens was considered one of the most powerful and productive companies in the field of electronics and that bribery scandal surely ... Show more content on Helpwriting.net ... Deming stated that Siemens AG failed "to have and publicize a system whereby employees and agents could report or seek guidance regarding potential or actual criminal conduct without fear of retaliation (Deming 91). Siemens Company and people working there on a regular basis faced a great number of disadvantages associated with the decisions that led to the bribery scandals. The major disadvantages included not only great financial losses due to fines and court procedures but mainly the lack of trust and confidence on the part of customers, investors, business partners and other persons. Siemens simply had to re–gain trust and respect in the world trying to remain competitive, successful and productive either on the national or international business arena. These disadvantages surely affect the organization's values, beliefs, culture, control, and its strategic ways of doing business in the modern competitive environment. Brooks and Dunn stated that "each line of business had a managing director and a separate managing board, and this structure inhibited accountability and allowed corruption to spread" (Brooks and Dunn 291). The great number of persons was convicted in making illegal payments and being involved into fraudulent bribery activities, such as Andreas Kley, Johannes Feldmayer, Hans–Werner Hartmann, etc. These persons ... Get more on HelpWriting.net ...
  • 6.
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  • 9. Wal Mart 's Latest Ethics Controversy Essay Wal–Mart's Latest Ethics Controversy Wal–Mart Stores, Inc. is the world 's largest retail enterprise, with total revenue of $421.8 billion and a net income of $16.4 billion in 2011. 1 It is also the world 's largest employer, with 2.1 million employees worldwide in 2010 2, not including workers hired by its providers. In my opinion, Wal– Mart provides a clear illustration through which to look at how many multinational companies (MNCs) take part in an illegal and unethical behavior. They use their bargaining power and market control to pressure countries to overlook environmental degradation and violation of national labor laws. They dictate expected pricing for products, particularly through imports from overseas countries. Labor is fulfilled mostly by underage and underpaid employees. In the United States, since 2005, Wal–Mart has paid about $1 billion in damages to U.S. employees in six different cases related to unpaid work. 3 Furthermore, Wal–Mart opposes any form of collective action, even when employees are not seeking unionization, but simply more respect. 4 The fact that Wal–Mart opposes unions exist. The company has a long history of fighting them, to the point of closing stores after employees organize. Managers have been instructed to talk to their teams about why unions are so unwanted in their business. Overseas, the company was involved in a series of scandals, including multiple cases of bribery. In April 2012, The New York Times published a story that ... Get more on HelpWriting.net ...
  • 10.
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  • 13. Ethical Effects Of Bribery: The Effect Of Economic... The effect of economic analysis cause ethical issues to triggered .Bribery effect to economic analysis is the incidence of corruption on a nation imports or exports, the incidence of corruption on financing and the incidence of corruption on the request and contribute in business activities. It decrease economic development, disappoint investment, and isolate and cut down global markets. It corruption pillar for economic aid and puts a heavily economic burden on the poor and decrease the standard living of the people. To overcome this corruption some countries are concerned and are trying destroy corruption by doing: I. Stock side and request side analysis of bribery We all know from basic economics, every deal has a stock side and a request side. Bribery or corruption is no different, the request of a bribe ... Show more content on Helpwriting.net ... The economists as well use additional component, especially the formation of a nation financial system, to describe microeconomic unpredictability. When there is bribery, it is practicable for bad company to survive because of corrupt officials. If both good company and bad company bribe officials, community feedback of funding are much lower than private returns. Community returns are even lower if only worse company are bribing government officials. As such, community returns from worse company are lower than community returns from good company. In fact, when worse company survive in an economy with corruption, community returns from worse company are rejection, although their private returns are definite. Consequently, bribery plainly display that it is an unethical action, even though by minor value. Hence, bribery may cause the economic growth of country. Economic collapse is well known for cause bribery. Bribery also causes inflation; this will have an influence on the people of a ... Get more on HelpWriting.net ...
  • 14.
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  • 17. IA1 Essay GlaxoSmithKline in China Case Study 1 Khoa Nguyen AMBA 660 9043 Introduction There has been a lot of increase in expanding companies throughout other countries. In order for a CEO of a company based in USA to move some of its operations to China, it's best to understand the foreign and local policy that is in placed in China and the bribery scandal that involved four employees of GlaxoSmithKline. This case study will examined the GSK scandal by analyzing the case that involved the four employees, the Chinese government, assessing GSK's response, lessons learned in order to provide the USA based company to operate at a lower risk and succeeding in China. Analysis Question 1 GSK has featured its robust ethics and compliance ... Show more content on Helpwriting.net ... For example, having a thorough background investigation on the employees is essential to see what kind of potential employees GSK will be hiring or closely look at the transactions that goes through the company and/or each employee with each third parties. Also, having a strict rule on higher management is an important aspect because the CEO can't view every detail that goes on through the company. Higher management has to be his second eye that can see these things and take action when needed. If I was Mark Reilly, I would have a full detailed of all the transactions that are going through the company and if there is anything that stands out, then I would provide a further investigation in it. It was revealed that the GSK employees paid over $450 million in bribery since 2007 (Quelch & Rodriguez, 2013). $405 million is an outrageous number that should have stood out if Mark Reilly had taken a deeper look into the reports. Mark Reilly was not performing his duty in order to keep the ethical policy of GSK in hand. Question 3 Do you think that GSK has been treated unfairly? Was GSK really at fault or was it just unfortunate to have gotten caught given the perception that companies have to resort to bribing to win contracts? Explain. The scandal in China was not the first time that GSK was accused of bribery. In 2012, GSK was penalized by the United ... Get more on HelpWriting.net ...
  • 18.
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  • 21. A Brief Note On Bribery And Corruption Of The Public Sector Analysis on bribery and corruption in the public sector Introduction There is one statement that "Bribery and corruption in the public sector, is endemic and unavoidable in all societies". This essay will make critical analysis of this statement, targeting the public sector. Especially taking the example of US and UK regulatory framework, it will make clear understanding of this statement. Through current academic literature by comparing, contrasting and critiquing views, this essay will develop a critical understanding of the high possibility of bribery and corruption. Current situation Considering the public departments, they are the key to provide high–efficient and high–quality service to make social progress. Financial bribery or corruption may be not prohibited, and this phenomenon will be more common (Pujas and Rhodes, 1999). In general, expenditure exceeds standard level. However, resources in the public sector are the public resources, which is applied by members of the public sector making decision how to make full use of them, and this may result in the bribery or corruption (Provan and Milward, 2001). Especially for those departments who control financial management, it may pose a threat to waste resources. Therefore, the public sector is based on its own right to receive any gift, loan, fee, reward and other advantages to do something, which is dishonest, illegal or a breach of trust in the conduct of the enterprise's business (Kirkpatrick and Lucio, 1995). ... Get more on HelpWriting.net ...
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  • 25. Using Information From Websites, As It Will Give Me... 1.0 Methods For this report, I will mainly use information from websites, as it will give me information about anti–bribery policies. I will also use a website called Harvard reference to give the reader an easier understanding on what I will be reporting on. I will use BBC website as well to know the recent bribery act that has lately happened to an organisation and what anti–bribery does to other organisation. 2.0 Introduction The purpose of this report is to know more about, the meaning of anti–bribery and what the policy intends to achieve on an organisation that I have chosen. By doing research on recently published journal articles, newspapers and internet sites on the topic about anti–bribery, this report will describes, what the policies intends to do and the employees that will be affected with the policies. Anti–bribery helps the operations of one organisation to detect or prevent the corruption inside one organisation. 3.0 How to prevent bribery? The most effective way to prevent bribery is to have an anti–corruption program, this is important to a big organisation. This will enforce some of the actions and will change the penalties to bribery to an organisation. Year 2011 UK Bribery Act of 2010 leads many organisations to re–evaluate their anti–corruption program, even do companies that have general policies and procedures to comply with the UK Bribery Act [Kenneth Clarke. (2011)]. This Act not only covers bribery of UK government officials but it also cover ... Get more on HelpWriting.net ...
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  • 29. Fifa Is An Absolute Disgrace And One Of The World Cup Essay are affected due to if there will be another World Cup where they can show off their talents to all of the countries around the world and make a salary to provide for their families. The final peripheral stakeholder in this case has to be the fans due to the fact that they are the ones that fill the seats and have the World Cup make so much money in the first place and without them, there would not even be a World Cup. Also without funding there will be no FIFA organization. It is an absolute disgrace and one of the worst decisions that FIFA has ever made. It is without a doubt a symbol of the blatant corruption and back scratching that goes on in the 'world game ' and an affront to the history of the World Cup. Not to mention that stories continue to emerge of the systemic corruption that has occurred around the awarding of the World Cup rights. What are the Possible Solutions to the Issue? From what we know, FIFA is solely responsible for possible legal ramifications that can hurt the sport of football. For Sepp Blatter and Michel Platini, in the article of the Independent, "It is understood this request will be for bans of several years, based on four potential ethics code breaches: mismanagement, conflict of interest, false accounting and failure to co–operate with, or criticizing, the ethics committee." (2015). they are a conflict of interest where in a situation the concerns are or aim at two different parties which are incompatible. They are breaches of ... Get more on HelpWriting.net ...
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  • 33. Bribery – the Dilemma Everyday U.S. managers in developing countries face the dilemma of furthering their business concerns in countries such as India, China, Russia and Mexico where bribery is commonplace while at the same time trying to ensure that they do not violate their companies code of conduct or worse the government's Foreign Corrupt Practices Act (FCPA). It is a fine line they walk. This paper will help those managers by explaining what bribery is, why it is thought to be an issue, show recently where companies have bribed and been caught as well as offer suggestions that will enable the U.S. manager in Mexico to accomplish what bribery accomplishes but is not unethical or illegal or in violation of a company policy that prohibits bribery. Bribery ... Show more content on Helpwriting.net ... As noted, corruption is prevalent in these markets, but bribery is not necessarily perceived as a serious crime in some places. It is just the way of doing business and it has enabled companies to expand globally regardless of the means. For those managers doing business in Mexico they should understand that the bulk of retailers pay bribes and Mexican firms are the third most likely to have to pay bribes, right after Russian and Chinese ones. (Josh, 2012) "La Mordida" translates to "the bite" which in Mexico is the term used for a bribe. It is the customary and traditional way of getting things done. In Mexico to get things done and to keep projects moving forward it is normal to have to bribe a cop, judge or permit agent, it is a way of life instead of as in the U.S. where it is considered an aberration in the system. In Mexico almost all agencies of government: Treasury, immigration, customs, commerce commissions, police, judges, planning departments and even lawyers are used to receiving bribes for their services, it is the customary way of doing business. (Some things in Mexico seem to never change: The Bits is Alive and Well In Mexico, 2006) Mexico is a highly controlled, heavily regulated mixed economy, with a complex bureaucracy of government officials dictating who is permitted to sell what and to whom. A U.S. Manager in Mexico needs to understand the business climate and the culture. According to the ... Get more on HelpWriting.net ...
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  • 37. Corruption and Bribery Corruption and Bribery April 29, 2015 Abstract In this paper, I will be writing about corruption and bribery. I will define the terms and go on to explain the regulations that have been put in place to stop corruption and bribery. I will then go on to give examples of major corruption and bribery scandals that companies have recently been in and what has been done to punish said companies for their crime. Intro Corruption is defined in the Merriam–Webster Dictionary as "dishonest or illegal behavior especially by powerful people (such as government officials or police officers), the act of corrupting someone or something, and something that has been changed from its original form". (Merriam– Webster) Bribery ... Show more content on Helpwriting.net ... This states that countries agreed to help out countries in need if they are under a new government with a lot of corruption. In the UK they have their own form of anti–bribery. They installed the UK Anti–Bribery Act in 2010 with the Parliament of the United Kingdom. The act states that being bribed, the bribery of a public official, and the failure of an organization to stop bribery are punishable under law through the act. It states that the criminal can do a maximum of ten years in prison and pay massive fines for proceeding in corruption. This Act not only punishes organizations in the UK; it also punishes organizations that have any link to that country with a universal jurisdiction. A major concern of this Act is that in some places bribes are common and it will affect companies that are in a global market that do business with countries that partake in such activities. Like the UK, the United States of America also has laws regarding bribery and corruption. This is the Foreign Corrupt Practices Act of 1977 or simply FCPA. This act has two major parts to it. The first being accounting transparency requirements from the Securities Exchange Act of 1934 and the other dealing with bribery. This United States law "prohibits U.S. firms and individuals from paying bribes to foreign ... Get more on HelpWriting.net ...
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  • 41. Business Bribery : The Dangers Of Business Bribery In... A business bribe typically occurs when a company or representative gives money or financial considerations to another person, business or public official to gain favor or to manipulate business decisions of partners, suppliers or buyers. (Kokemuller, N. n.d.) Even if a transaction is never completed, the mere offering or soliciting of a bribe is enough to incur criminal liability. Bribery in business is illegal, just as it is in government and public organizations. Laws prohibiting bribery can be used to punish both the person offering the bribe, and the person receiving it. These laws are designed to root out corruption in the public and private sectors. (Legal resources, 2017). Bribery not only indicts the employee but it can also compromise a company and its officials. Bribery can be very gray are in business as a fine line exists between a bribe and a gift. Someone may be taking bribes for company designs, projects or company intellectual property. An employee who accepts a bribe or kickback be it from a vendor or for a contract lacks integrity and is certainly not ethical. There would be no counseling, no written reprimand only a termination notice as well as possible prosecution. Threatening the life of a co–worker Employers have an obligation to provide a safe working environment for their employees. A safe work environment extends beyond merely posting safety regulations in common areas such as the company break room. Workplace threats refer to coworkers ... Get more on HelpWriting.net ...
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  • 45. Bribery As An Unethical Activity Within Business This thread will focus on the subject of bribery as an unethical activity within business. The purpose of this work will be four–fold – to provide a definition of bribery, to examine the practice's prevalence in the global business environment, to reveal the locations where bribery is most prevalent, and to inspect bribery's relation to the concepts of biblical Covenant, hesed, and mutual accountability. Examples and support from the textbook, course materials, scholarly sources, journal articles, biblical integration, real world business scenarios will validate the claims for this thread. Definition Bribery is "a questionable or unjust payment often to a government official to ensure or facilitate a business transaction" (Lawrence & Weber, 2014, p. 105). The giving of money, the providing of a scholarship or gift, and the creation of favorable publicity are all forms of bribery (Sanyal, & Samanta, 2011; Sanchez, Gomez, & Wated, 2008). Within international "bribery...a...firm from country A offering financial or non–financial inducements to officials of country B to obtain a commercial benefit" (Sanyal, & Samanta, 2011, p. 153). Bribery is an unethical and illegal activity, as demonstrated by the passage and enforcement of the U. S. Foreign Corrupt Practices Act (FCPA) (Lawrence & Weber, 2014). Scholarly research reveals that bribery is a two sided process consisting of the supply side – the firms who supply the bribes – and the demand side – the individuals receiving the ... Get more on HelpWriting.net ...
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  • 49. A Survey Report On The Uk Construction Industry A 2013 survey Corruption in the UK Construction Industry conducted by the Charted Institute of Builders (CIOB, 2013), which surveyed 701 construction professionals, the majority of whom described themselves as being of 'senior management level', although this survey involved mainly senior management, it is important to note that corruption can occur at any level within an organisation. The results of the survey presented a number of important findings about the state of the industry; first and most significantly that 49% of respondents believed that corruption is common (fairly or extremely) within the UK construction industry, this represents almost half of those surveyed and provides a damning insight into the prevalence of corruption. ... Show more content on Helpwriting.net ... Table 1 – Prevalence of different types of fraud in the UK (Grant Thornton, 2013) Type Prevalence Billing fraud Medium Bid/contract rigging (market collusion) High Bribery/corruption Low Fictitious vendors – falsifying payment applications Medium Change order manipulation High Theft or substitution of materials Medium False representation High Money laundering Low Further data from the Corruption in the UK Construction Industry (CIOB, 2013) report suggests that within the industry there is a strong feeling that bribery is a corrupt and unacceptable act, including; 89.3% – Perceive bribery to obtain a contract to be corrupt 86.7% – Perceive collusion and cartel activity to be corrupt 83.3% – Perceive billing for unperformed work to be corrupt
  • 50. 67.0% – Believe the use of gifts and corporate hospitality can be treated as bribery The perception of what can be considered a corrupt practice is highly subjective and down to individual experience, however, it provides a useful barometer for the overall feeling in the construction industry, this is particularly important for areas such as hospitality. Interestingly, 67% of individuals surveyed still believe gifts and hospitality may be treated as bribery even though the Bribery Act ... Get more on HelpWriting.net ...
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  • 54. Pros And Cons Of Bribery Ethical issues such as bribery and corruption in a cultural context are sometimes systemic and cause much harm to organizations and society as a whole. Societies or countries heavily in depth of corruption lose all of their moral values and standards. Developing countries need leaders who are committed to ethical issues, support their people to uphold ethical standards and behave in an open and transparent ways to send the message that the fight against corruption is taken seriously. Bribery is unethical because it results in distortion of the marketplace. As a result, people who deserve to gain something actually gain very little or nothing. Bribery means that someone gives another person something that they want in order to change the recipient's behavior. For example, if someone is running for office and they give people money in exchange for votes, this is a form of bribery. It gives the one accepting bribery ... Show more content on Helpwriting.net ... He who is willing to pay the most will be granted the exemption, will shut out the competitor, and will gain the advantage. A plutocracy, a world in which wealth and money rule, is not a system likely to capture the popular imagination. Bribers understand this, and for that very reason they do not advertise their actions and are condemned to act behind the scenes, on the margins of legality and morality. Of course, bribery and corruption are betrayals of trust. Noonan also puts it elegantly when he says: "the social injury inflicted by breaches of trust goes beyond any material measurement. When government officials act to enrich themselves they act against the fabric on which they depend, for what else does government rest upon except the expectation that those chosen to act for the public welfare will serve that welfare?" Equally important, bribery and corruption are deeply at odds with the moral basis of most of the world's great religions, which have often provided the moral underpinnings of the modern state, as is ... Get more on HelpWriting.net ...
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  • 58. The Watergate Scandal International bribery is a highly important activity that occurs between corporations and governments. As a result of globalization the world has become far more interconnected and as a result of that interconnectedness it has become easier for corporations to engage in activities such as bribery or corruption. The video dicussed how corporations engage in bribery so that they can obtain jobs in the regions that they engage in business. As a result of globalization businesses have a greater capability of engaging in business around the world. Furthermore other than increasing their ability to engage in business, globalization also infleunces how the world views business. One of the core tenents to running a business is for a business to make money and to increase in size. As a result of that engaging in activities that increase a businesses capability to make money and increase its size is of great importance. Furthermore, as a result of that focus on increasing the sizes of businesses, globalization has furthered the spread of business. Globalization influences the world economically, ... Show more content on Helpwriting.net ... The video discussed how the United States began confronting corruption in the government as a result of bribery by making it illegal for United States corporations to engage in bribery. One of the major motives for such laws to forbid bribery was the Watergate Scandal, where President Nixon was reelected as a result of corporations using their corporate funds to fund his campaign. Additionally when the Saudi Arabian ambassador was found to be involved in bribery and involved in dubious economic activities. Finding that the Saudi Arabian ambassador was involved questionable activites where he had a large amount of money transfered to accounts that he had in the United States, the United States was forced to confront bribery with in its ... Get more on HelpWriting.net ...
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  • 62. The Controversy Of Bribery In The United States In my opinion every country is corrupt and has pliantly of bribery in their governments, businesses, and even households. Bribery in its most basic form is the practice of giving gifts of monetary value to a client or potential customer to persuade their decision. According to Black Law's Dictionary, bribery is "The offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or other person in charge of a public or legal duty." This practice constitutes a crime in most developed countries and is highly controversial. As with any controversy, bribery has its advantages as well as problems. Common advantages of bribery include gaining business without needing to have superior quality or services, building ... Show more content on Helpwriting.net ... Fox Cable News is among the more corrupt institutions in American society, purveying outright lies for the benefit of the billionaire class. The US is so corrupt that it is resisting the obvious urgency to slash carbon production. Even our relatively progressive president talks about exploiting all sources of energy, as though hydrocarbons were just as valuable as green energy and as though hydrocarbons weren't poisoning the earth. So don't tell the Philippines or the other victims of American corruption how corrupt they are for taking a few petty bribes. Americans are not seen as corrupt because we only deal in the big denominations. Steal $2 trillion and you aren't corrupt, you're respectable. The costs of corruption are immeasurable injustice, misallocation of resources, economic decay. Corruption affects a staggering number of livelihoods and lives and erodes the faith of citizens in their governments and in the rule of law. The United States views corruption as a growing threat to the national security of our country and allies around the ... Get more on HelpWriting.net ...
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  • 66. Bribery And Corruption Of India In this article, the author was able to engage the mind of the readers through justified usage of substantial information, text structure and language. The author is aware that the readers has effective and cognitive needs where information provided need to backed with solid proof and statistics, and the needs of effective presentation which "hooks" them from the beginning, the article is written with its original and familiar substances, to attract the attention of the readers emotionally and intellectually and the presentation of the case that gives a voice. The topic of bribery in India or any other countries for that matter, it is utmost important that we understand the points raised correctly and precisely. For this article, the viewpoint by the author was clear, coherent, and elaborated accordingly to the challenges faced by international firms in the form of bribery and corruption in doing business in the national or state level in India. For every argument, relevant and sufficient references were provided. The purpose of the author was to explain how bribery was involved in all of the businesses operated in India, and how this affects the people, business and their government. The author's idea is stated, then elaborated upon so that the reader can visualize and build their own perception and to be able to interpret and understand the bribery in India, and to a conclusion that India's state of bribery was serious, unfair and non– transparent. Providing viewpoint ... Get more on HelpWriting.net ...
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  • 70. Foreign Corrupt Practice Act The US Foreign Corrupt Practice Act (FCPA) of 1977 is the anti–corruption law. It was the first law that introduce corporate liability which is responsible for the third parties and extraterritoriality for corruption offences, which cause companies and persons can be held criminally and civilly responsible for corruption offences committed aboard. Since 1977, the anti–bribery provisions of the FCPA have applied to all U.S. persons and certain foreign issuers of securities. With the enactment of certain amendments in 1998, the anti–bribery provisions of the FCPA now also apply to foreign firms and persons who cause, directly or through agents, an act in furtherance of such a corrupt payment to take place within the territory of the United ... Show more content on Helpwriting.net ... To have a record in criminal penalty, you may be imposed for violations of the FCPA's anti–bribery provisons: corporations and other business companies are written up to a fine up to $2,000,000; $100,000 and imprisonment for up to five years. The actual fine could be up to twice the benefir that the defendant may seek to obtain by making the corrupt payment. Beware that the fines imposed on individuals may not be paid by their employer. Majority of the businesses can face up to $10 thousand in civil sanctions for violating the ACT. While officers, directors, employees and agents of the companies can may face same charge for violating the ACT, companies can be lucky by not paying for any fines that are imposed on ... Get more on HelpWriting.net ...
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  • 74. Brribery Shutdown Case Study : Walmart's Bribery Shutdown Walmart's Bribery Shutdown Case Study Being one of the largest retail companies Walmart Stores, Inc. was founded by Sam Walton in Bentonville, Arkansas. It is one of the largest private employer companies, with 8,500 stores in 15 countries with 55 different names. That employees 2.1 million people and serving 138 million customers per week worldwide, with an annual of $419 billion in sales which is about $35 billion per month. And in Mexico it is the largest private employer in the country with an outstanding 209,000 employees. Yet Walmart in Mexico which is Walmart de Mexico was accused of bribery to win the market over its competitors. In 2012 the New York Times one of the most respected daily newspapers published a story in the front page an investigation of bribery allegations that concerned Walmart de Mexico which was extended into three more papers in its daily newspaper. And that Walmart de Mexico orchestrated a campaign of briberies to government officials to win market dominance and to obtain permits all over the country. Adding on its story or investigation that the bribes are unethical and illegal and that they violate Mexican laws and the Foreign Corrupt Practices Act. Further in the story the New York Times alleged that Walmart was fully aware of the bribery accusation and then it shut down its investigation without reaching a conclusion. As the Times brought up these accusations after years Walmart stocks plummeted and it was accounted for one–fifth of ... Get more on HelpWriting.net ...
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  • 78. Bribery Bryan Jaeger Business and Ethics UI400–01 April 20, 2015 International Business and Bribery Have you ever bribed someone to let you do something that you weren't allowed to do? As much as I hate to admit to it, I have done it my fair share of times. Bribery can be a good or bad thing depending on the situation and how the bribe is used. No matter what I believe that bribery can usually lead to bad consequences. Though it can happen for just small things such as slipping someone a 20 dollar bill to get you into a club, it can also happen in big corporations that are involved in international business. If they are discovered by the government these big companies will pretty much lose everything. For example, "In February of 1975, Eli ... Show more content on Helpwriting.net ... Pretty much in simpler terms this is completely wrong and unjustified to comprise citizens' rights just for some money or tax breaks. It is all about supply and demand with corporations and government officials. Corruption also has its supply and demand side. The corporations are supplying the bribes to get stuff cheaper for them and the officials of the government are demanding these bribes because they are greedy. The problem with this whole thing is every attempt the government makes they only are able to attack one side of the corruption. Every time they come out with a new law or a new act it is only focused on one side of the problem. According to Hess and Dunfee, "An effective anticorruption system requires a variety of measures attacking all sides" (Arnold, Beauchamp, and Bowie 577). They have to fight it from both sides are it will surely fail. Even if the corporations stopped supplying the bribes the government officials would demand them to continue because they enjoy the benefits of bribes. On the other hand if the government officials tried to stop demanding bribes, the corporations would just increase their bribes to get them to continue to take them. This overall corruption between government officials and corporations are hurting human rights. Throughout the world there are a lot of international human rights ... Get more on HelpWriting.net ...
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  • 82. Foreign Corrupt Practices Act : Shivangi Patel LAW 110 – MO1 Vincent Petraro Foreign Corrupt Practices Act Foreign Corrupt Practices Act was introduced in 1977.It was made effective from December 19, 1977. Foreign Corrupt Practices Act applies to all citizen of United State and certain foreign issuers of security and foreign companies. The Minor changes were made in the year 1988 and in 1998.Foreign Corrupt Practices Act has two main Provision (a)Accounting Transparency under Securities Exchange Commission, 1934. (b)Bribery of Foreign Officials. Department of Justice (DOJ)and Securities Exchange Commission(SEC) are responsible for enforcement of Foreign Corrupt Practices Act. Powerful influence of both Department of Justice and Securities Exchange Commission ... Show more content on Helpwriting.net ... However, due to enforcement of Foreign Corrupt Practices Act, the US exports decreased which also resulted in decrease of Foreign Direct Investment because Foreign Corrupt Practices Act discourages firms from investing in foreign markets. Companies engaging in mergers and acquisition in emerging markets face uniquely increased level of regulatory and corruption risk. This is mainly due to three reasons: 1) In many foreign countries, informal payments substitute for formal economic institutions familiar to enforcement officials in developed countries, implying that on formal payments reduce US companies access to foreign economic institutions. 2) Foreign Corrupt Practices Act enforcement imposes direct cost on international investment through fines. Profit disgorgement, and reputational degradation that occurs when companies are targeted by Department of Justice and Securities Exchange Commission. Also, agencies possess enormous scope while deciding which payments are to be classified as bribes. 3) The lack of clarity of informal payments which triggers increase in legal defense, and due diligence spending by US multinational it raises the cost of investing in the foreign markets. To compete in global markets US firms were trying to subvert anti–bribery legislation. They can substitute financial contribution for hiring additional labors. Thus, they would reduce capital– to– labor–ratio. American firms ... Get more on HelpWriting.net ...
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  • 86. The Foreign Corrupt Practices Act The Foreign Corrupt Practices Act The Foreign Corrupt Practices Act (FCPA) of 1977 and the corresponding amendments set forth by the Omnibus Trade and Competitiveness Act of 1988 and Amendments of 1998 have tremendous ramifications for U.S. multinational companies at large, their subsidiaries, and foreign partners. While the main purpose of the original policy was to make it "unlawful to bribe foreign government officials to obtain or retain business", the many statutes, their exceptions, and enforcement have gone through several iterations and most recently expanded jurisdiction of the law to non–U.S. territories. In bribery cases, several conditions involving the perpetrator, intent of the act, and the recipient of the bribe, ... Show more content on Helpwriting.net ... of Justice, Lay–Person's Guide). In regard to corruption and bribery by U.S. companies and their agents conducting business overseas, the State Department claims that the U.S. "has been a leader in the multinational effort to end bribery and corruption in international practices, a campaign... supported by the United Nations, the Organization of American States, the Organization for Economic Co–operation and Development (OECD), and other multilateral organizations and institutions" (U.S. Dept. of State). This statement clearly demonstrates that the need to address and deter corruption and bribery in the international business environment is recognized as an important initiative, worth pursuing and requiring the cooperation of many nations. Even though it took the U.S. nearly ten years to bring thirty–three countries on board to take part in a multinational anti– bribery initiative, they did so by signing the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions (US Dept. of Justice, Lay–Person's Guide). The sanctions that are in place to punish noncompliance with the FCPA, including criminal and civil penalties, exist in the form of imprisonment and fines, and those sanctions are severe. Criminally, penal fines can reach up to $2 million or even exceed that amount in exceptional circumstances. These substantial fines are imposed on the individual and payable only by the individual, thus ... Get more on HelpWriting.net ...
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  • 90. Sarbanes Oxley Act :, And The Portion Of Domestic Antitrust Sarbanes Oxley Act Lastly, for the portion of domestic antitrust, we will examine the Sarbanes Oxley Act. Enacted in 2002 it increases transparency in accounting. It was designed to prevent accounting errors and fraud in financial disclosures. The SOX act stipulates that the periodic financial reports be carried out in a certain way. The signing officers must review and certify the report prior to release. They are required to make sure all information is clear, true, not misleading and does not omit any important details. The signing officers are also required to evaluate the internal controls and their effectiveness within ninety days of the report. If there are any areas of internal control that are not working or may have issues they must also report this, along with any responsible employees. Finally, they must make sure the financial picture is being fairly portrayed through all of this. Intro to foreign Antitrust It is of upmost importance that as you enter into each foreign market every representative of the company has been well informed of the foreign antitrust legislation as well. This will limit the potential exposures the company undertakes, so we will also be examining laws that govern the Canadian, British and Chinese markets you will be entering. Making sure that all these guidelines are followed will allow for smooth transactions and business in the host country without any cause for repercussions. Canadian Antitrust We will begin by discussing ... Get more on HelpWriting.net ...
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  • 94. Laundering Act 2010 Of Britain, Canada And China Sentence guildline in Britain, Canada and China Since 2003, more than one hundred countries have signed on the United Nations Convention Against Corruption . Moreover, to eliminate corruption has become a common action in countries around the world. To this end, all countries have gone on in the unremitting exploration and achieved good results. Since the company thinks about going in the market of Britain, Canada and China, therefore, it is necessary for the company to know about the sentence guideline of them. In the following essay, it will talk about the sentence guildline of foreign corruption in Britain, Canada and China. The Bribery Act 2010 of Britain As far as Britain is concrned, the Bribery Act 2010 should be highly alerted, ... Show more content on Helpwriting.net ... But compared with Foreign Corrupt Practices Act, the new bill rules more strictly, involving in a wider range. At present, many multinational companies are starting to view Bribery Act 2010 as the international anti–corruption standard they must reach. Moreover, the biggest bright spot of Bribery Act 2010 is to set up two new crimes, the bribery of foreign public officials and strict liability of the company who does not prevent bribery. According to the act, to bribe the individual who is in British foreign legislative, executive or judicial position, or to exercise any public function or as a public international organization agent, will all be committed a crime as bribery of foreign public officials. Also, it put forward some new legal requirements. As far as Prevention of Bribery of Negligence is concerned, it is a new charge created by the act. Besides, it is set against the establishment of the company, which points out that if the company 's employees, subsidiaries, offices and even other third party implement bribery for the company's interests, no matter these actions are taken in the United Kingdom or abroad, the company will be charged, even if it is not involved or has no idea of this(Mukwiri, 2015). In addition, due to the new act, when a foreign company conducts business in the United Kingdom, if its agents, employees or affiliates are caught in bribery or corruption anywhere in the world, the company have to bear criminal ... Get more on HelpWriting.net ...
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  • 98. Bribery & Corruption Bribery and Corruption: Is Signing the OECD Convention Enough? Darina Tomayeva 500127919 LAW724 Professor Lan Word Count: 1645 Bribery and Corruption: Is Signing the OECD Convention Enough? Before the 1990's, the conventional belief was that corruption in developing countries was practically inevitable and in some cases even desirable. However, a more in–depth investigation into this issue suggests that bribery and corruption can cause significant problems for all parties involved. For example, for suppliers of bribes such as corporations, it can cause many uncertainties since the quality and the price of their products are not the only factors considered in the transaction (Hamra, 2000). Therefore, corporations are not usually ... Show more content on Helpwriting.net ... Russian government authorities claim that the facility violates various safety regulations. However, IKEA argues that the requirement that the mall be able to withstand near hurricane force winds are ludicrous because there is not history of such weather conditions existing in the area. These regulations appear to be intentional and artificial roadblocks put in place due to high levels of corruption. This recent incident with IKEA may dissuade other foreign investors from investing into the Russian economy since they will need a large number of approvals from an incredible number of agencies. This process provides for unlimited corruption opportunities. It is challenging for countries to fight against corruption because of the difficulty in proving that such illegal transaction took place (Bloombergs Businessweek Magazine, 2009). In countries such as Russia, corruption and bribery are common because poverty is prevalent among the largest part of the population. On the other hand, Georgia has recently executed a rigorous fight against bribery and corruption. Even though, poverty is wide spread in the country of Georgia, it proved that corruption can be broken with appropriate and decisive reforms. The World Bank's Doing Business listed Georgia 16th easiest place for a company to do business, up from 112th in 2005 (Organized Crime and Corruption Reporting Project, 2012) . With the ... Get more on HelpWriting.net ...
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  • 102. Bribery In Beowulf Clashing swords against hardened scaly skin, dragons, monsters, blood and gore, feast of drunken celebrations and tales of legendary personal feats– these are the ideas that engross our minds when imagining the Scandinavian–Anglo–Saxon literature. Yet these classics, as beautifully and memorable the words flow, have been touched by the minds of many hands, of many cultures, causing differing and opposing ideology inflicted on main characters. Such as, in Beowulf, where he is depicted as both heroic yet iniquitous, depending on which battle one reads. Beowulf character's contrasting facets come in part of the two cultural and religious doctrines, Christians Anglo–Saxons and Norse Scandinavians, which took apart in rewriting the epic poem. ... Show more content on Helpwriting.net ... Beowulf is disciplined, coming to fight Grendel without the hopes of bribery. He is courageous by deciding to fight a man–eating monster without his sword. Beowulf's perseverance with defeating Grendel's Mother, even when his borrowed sword did no damage. Self–reliant in always battling by himself. Beowulf's honor for his kind and family shines greatly in his first introduction to the Dance, "We are Geats/ Men who follow Higlac. My father/ Was a famous soldier, known far and wide/ As a leader of men./ His name was Edgetho" (260–263). He is quick to start is job in defeating monsters, industriousness in his work attitude. Hospitable towards Unferth even though his is not treated in kind. And finally, Beowulf's battles with both Grendel and Grendel's Mother were both metaphors of evil vs. good, of light vs. dark, with Beowulf being a positive aspect, henceforth representing this idea of journeying for truth of the world. Yet with all of these heroic traits of the Germanic, by Christian standards address him as flawed and sinful– an antihero. Beowulf lacks the attributes of prudence and temperance, credos of Christianity. In the third battle, "... for the first time in his life that famous prince/ Fought with fate against him, with glory/ Denied him" because his reason for fighting conflicts with the Anglo–Saxon axioms (2573–2575). Beowulf dies in the mist of battle not because the Dragon was an equal foe but because he was left alone; self–reliance is no longer a positive ... Get more on HelpWriting.net ...
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  • 106. King Lear: Bribery, Corruption, And The Trial Bribery, Corruption, and Death. Oh, My! In Joseph Conrad's Heart of Darkness, William Shakespeare's King Lear, and Franz Kafka's The Trial, corruption plays a central role. In the first, European greed for ivory leads to the corruption of individuals like Kurtz and the abuse of the native population. In the second, King Lear's devolution of power to his corrupt daughters leads to a war and the deaths of ten characters. In the third, a corrupt organization upends Josef K.'s life. In all, power leads to corruption, which in turn leads to ruin. In Heart of Darkness, the "precious trickle of ivory" from the Congo begets and corrupts everything (Conrad, 18). Kurtz, in his pursuit of ivory, becomes distorted. He changes from a "universal genius" to a barbaric figure that places the heads of decapitated natives on spikes facing him in worship and sick veneration (Conrad, 72). ... Show more content on Helpwriting.net ... King Lear devolves his power to Regan and Goneril, two corrupt daughters greedy for power, who lie about loving him. Immediately upon receiving half of the kingdom, they plot against King Lear, with Goneril urging immediate action, arguing to "do something, and i'th'heat" (Shakespeare, 1.1.304). To ensure their control, they rid King Lear of his knights, entreating him "to bring but five–and–twenty" and refusing to house more, thus making him completely dependent on them (Shakespeare, 2.4.245). Through their nefarious actions, the sisters not only demonstrate their lack of love for King Lear, but also their own corruption and power–lust, which lead to King Lear's mistreatment and war with France, as Cordelia returns to care for her father and restore him to the throne. Many, including King Lear and all his daughters, die. Ultimately, a potentially corrupt act gave power to two definitely corrupt individuals and resulted in a chain of events that claimed the lives of ten characters, again proving the destructive power of ... Get more on HelpWriting.net ...
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  • 110. Effects Of Bribery And Corruption In Kurdistan Bribery and Corruption in Kurdistan Corruption and bribery are like cancer in most governments and businesses around the world. There is always someone that is not being faithful in his job. Kurdistan like every other country is facing this type of conflict. It is destroying the economy of the region. Kurdistan has been going through an economy crisis in the past few years, corruption and bribery are a big aspect of this crisis. It happens in every day's life everywhere around us. Bribery can be defined as offering something, usually money to gain advantage. On the other hand, corruption is to abuse a position or to use the power of your position to gain advantage. Whenever either one of these ways of gaining advantage is used, other ... Show more content on Helpwriting.net ... The future of this region is in the hand of the students, so if the students are not properly educated, the future of this region will be between some ignorant people's hands. This conflict is harmful on so many levels. In order to resolve a conflict one must find the roots of the conflict or what causes it. The reason why students can easily bribe teachers is because the salaries of teachers are not adequate to cover their needs and demands. If the government could pay the teachers higher salaries that can cover all of their needs, they will not take bribes from students. The low salary issue goes back to the bad economy in Kurdistan, and beside that they are not giving the salaries in time causing the rates of bribery to increase. They are also implementing taxes which are surely going to effect lower and middle class people. Not having an infrastructure that the region can depend on when it's going through a crisis is a huge cause of this phenomena. The educational system is corrupted as well, because during this crisis teacher are even more volatile that before to be forced by the higher class of the people with the power. The reason ... Get more on HelpWriting.net ...
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  • 114. The association between corporate governance and financial... The association between corporate governance and financial reporting quality is a fundamental topic in accounting research. Corporate governance is defined as the set of internal and external monitoring mechanisms designed to mitigate the agency costs inherent in the corporate form of ownership (Jensen and Meckling 1976). Financial reporting quality refers to the accuracy and precision with which financial statements convey information about a firm's operations (Biddle et al. 2009). Previous studies use various indicators of financial misreporting (such as restatements, discretionary accruals, and Securities and Exchange Commission (SEC) enforcement releases) as proxies for financial reporting quality (Dechow et el. 2010). These studies ... Show more content on Helpwriting.net ... As Karpoff et al. (2008a, b) discuss, the AAER designation is a secondary designation which the SEC attaches to enforcement actions. In fact, 14% of FCPA enforcement actions for financial misrepresentation do not have any related AAERs (Correia 2009). With regards to the anti–bribery provisions of the FCPA, Karpoff, Lee and Martin (2014) estimate that 22.9% of Compustat–listed firms with foreign sales engaged in a program of prosecutable bribery at least once during the period from 1978 to 2012. This implies that 77.1% of firms with foreign sales resist paying bribes and violating U.S. and international regulations. Why some companies engage in activities that violate the anti–bribery and/or the accounting provisions of the FCPA is an empirical question. I investigate whether corporate culture, as proxied by an array of corporate governance mechanisms, is associated with the likelihood of FCPA violations. Regulators have expressed an interest in knowing the characteristics of FCPA firms (such as poor tone–at–the top or controls incapable of detecting misconduct). The SEC outlines the following criteria for considering whether or not to bring enforcement action: "How did the misconduct arise? Is it the result of pressure placed on employees to achieve specific results, or a tone of lawlessness set by those in control of the company? What compliance procedures were in place to prevent the misconduct now ... Get more on HelpWriting.net ...
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  • 118. International Bribery Regulation And The Bribery Act 2010 2.4 International Bribery Regulation and the Bribery Act 2010 2.4.1 Development of National and Transnational Ethics Regulations The development of national and international bribery legislation and regulation has been a slow process spanning many centuries, stemming from the recognition of Piracy as the first and true international crime (Duhaime's Law Dictionary, 2015). Although wide agreement exists on the detrimental impacts of bribery and corrupt practices, many individual countries and transnational industries (including that of civil engineering) fear implementation of tough anti–bribery legislation will cause unfair competitive disadvantages compared to their counterparts from countries where foreign bribery is not criminalised (OECD Observer, 2012). The first major push to implement anti–bribery legislation was taken by the United States with the Foreign Corrupt Practices Act (FCPA) 1977; this law made it illegal for certain classes of U.S. persons to make payments to foreign government officials to assist in obtaining or retaining business (U.S. Department of Justice, 2015). The broader development of ethics based law and regulation has developed primarily throughout the 20th century; particularly post 1950 when most of the worlds Inter Governmental Organisations (IGOs) had been established. Some of the most important IGOs in this area include the United Nations (UN), World Bank, World Economic Forum (WEF) and Organisations for Economic Co–operations and ... Get more on HelpWriting.net ...
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  • 122. The Ethical And Unethical Behavior One of the greatest challenges of moral reasoning involves deciding where to draw the line between an ethical and unethical behavior. Morals help us determine what actions are right and wrong. We must consider all the good and bad consequences when deciding if an action is right or wrong. While some actions are clearly right, others are clearly wrong; sometimes our judgment may become cloudy, causing it to be difficult to make the right decision, and that's when there is a conflict of interest. Conflict of interest always leads to bad outcome because your judgment is being influenced; it's an unethical behavior. One moral dilemma we come across in today's society is bribery. Bribery is the practice of extortion; bribery and extortion have many elements in common therefore it can easily be misunderstand as the other. Bribery is the offering of anything of value, such as gifts or money, in exchange to do something illegally; it is a way of getting preferential treatment and inherent favoritism. The world's largest foreign bribery case was against Siemens AG. Extortion is blackmailing, a crime where one person forces another person to do something against his own will; obtaining something by illegal threats such as getting another's money or property through force. Bribery is an unethical practice because it involves conflict of interest; it corrupts both the giver and recipient because it involves a breach of trust. Bribery is a crime against trust. While bribery is viewed as ... Get more on HelpWriting.net ...
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  • 126. The Controversy Of Bribery A bribe is to persuade someone to act in one's favor, typically illegally or dishonestly, by a gift of money or other inducements. Many companies have been accused of bribery within their organization. Some of America's most well–known companies have been accused of this crime. Famous brands we all know such as Johnson & Johnson, Hewlett–Packard, Tyson Foods, Ralph Lauren, Wal–Mart and many more have all allegedly been responsible for giving money or other benefits in exchange for favors that will bend the law. "Today, corruption costs the global economy some $2.6 trillion every year, or 5 percent of global GDP", according to the World Economic Forum. In the United States, stricter enforcement has increased and more companies have been caught; ... Show more content on Helpwriting.net ... One way for a company to avoid bribery within the company is to assess all the risks that have to do with bribery. Businesses must educate the employees about the risks involved. In most countries, bribery or acts of corruption are punishable by law which can bring a bad name to the company and later lead to trust issues. This can severely hinder the profitability of a business. A company that has been found guilty of bribes can lose consumer confidence; which results in the loss of profit. Companies must be aware of the differences and rules of conducting business within other countries and avoid any malpractices (Prevent Bribery). Another way to avoid bribery is there must be a zero tolerance policy towards bribery within the entire company. This can be ensured by top management explaining that bribery can lead to severe consequences which can involve imprisonment, heavy fines, and termination. Additionally, a company must thoroughly run a background check of the client's, vendors, and partners; as well as their credibility in the marketplace. Any cases of past history involving instances of bribery or corruption should serve as a red flag or warning to a ... Get more on HelpWriting.net ...
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  • 130. Corruption : A Great Distress Business Industry When first hearing the words bribery, extortion, lubrication and subornation, one might first think of money or ways of getting more of what you ant for a cost. Corrupt practices in business transactions are a great distress business industry, especially when it becomes the international business market. These corrupt practices include bribery, extortion, lubrication and subordination. Extortion, lubrication and subordination are different variations of bribery. Money in today's society is what keeps the world running in most cases. Bribery first came about in the fourteenth century by the works of Chaucer and his contemporaries (Quinion, 1). In the fourteenth century the worst often offenders were judges and public officials, who exhorted ... Show more content on Helpwriting.net ... Bribery can most simply be described as money being voluntarily offered by someone seeking an unlawful advantage (Gilly, 152). It wasn't until the 1970s, when bribery became a national issue with public disclosure of political payoffs to foreign recipients by U.S. firms. Most cultures seem to be more open to bribery, but in the United States, they are disdainful to these practices now. The words extortion, lubrication and subornation often can be grouped under the term bribery out of ignorance, even though they are, in fact, unalike (Gilly, 152). The difference between bribery and extortion can be described as bribery is from an offer to someone else, while extortion is a demand for payment. One example of bribery, which happens quite frequently, would be a restaurant or food industry offering a bribe to the health inspector to ignore health regulations the restaurant may be violating (Digh, 90). The health inspector may see issues violating health code that could affect the consumers, but as the restaurant owner slips a one hundred dollar bill under the table to him, he then may "ignore" these obvious violations. Another example of bribery, which is used almost everyday, would be to offer money or a gift to be moved higher on a waiting list for a restaurant. This bribe is often little, but in most cases restaurant hostesses are not allowed to accept these bribes or ... Get more on HelpWriting.net ...
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  • 134. Corruption International Business Concerns The Making Of... Corruption international business concerns the making of an unlawful payment to the politician's government officials of a host company. The causes of corruption are multidimensional including cultural economic political legal and institutional factors that have different variations from one country to the other. The Foreign Corrupt Practices act was passed in 1977 to prohibit the bribes and gifts to foreign officials as a method of payment influencing businesses and government decisions and to limit the payment of fees, gifts, or bribes to low ranking government officials and mandate financial reporting of such expenditures. At present corruption in international business is relatively prevalent. The laws of many countries against the ... Show more content on Helpwriting.net ... The rise of bribery in international transactions as the front position of political corruptions has had compounding costs. A further explanation of these costs of bribery more in depth, they include transactions that are inefficient, abuse of due process and civil liberties, the subverting of the democratic process and the reduction in economic efficiency. On the political and economic systems that they take place in. As a response to the rise of bribery in these types of transactions, many international organizations such as the Organization for Economic Co–Operation and Development (OECD).The OECD is an international economic organization that consist of 34 countries and are committed to fair democratic solutions in a market economy standpoint. Have organized communiqués to counteract the negative effects of bribery, and corruption in general. The OECD passed its official communiqué clarifying its stance on situations in which bribery occurs in December of 1997. This convention is legally binding international agreements, through which the execution of effective policies to prevent, detect, investigate, and sanction foreign bribery in international transactions can occur. The origination of the convention as the forefront authority on bribery in international business (OECD.org) This document has required the countries that have signed it to draft legislation in their individual states that criminalizes bribery in the form of bribing a public ... Get more on HelpWriting.net ...
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  • 138. Advantages Of Giving Bribery Giving bribes is also known as facilitating payments. It has different names in countries, the mexicans call it la mordida, south africans call it dash, india and pakistan call it bakshash and italians call it bustrella. A company that is global and deals with international affairs has to understand that bribery is practiced more in some countries than others Bribery is becoming more expensive around the world because of business transparency. Different individuals working on different fields come together and strike deals. In the world of business, there is always someone somewhere who has what u need and at times, one is tempted to getting what they need in ways that is not very fair and legal. For example there was a situation where a task manager ... Show more content on Helpwriting.net ... When each nation that deals with either gas, oil and mines decide to make bribery as a normal affair then bribery will always be on the rise because when there is new management, they always try and make profits as the old ones and do not really concider what is ethical or not as long as the tasks are done and profits are made in the organisation. The extractive industries transperency initiative (EITI) are really trying to stop or minimize bribery in the mining, oil and gas companies by making companies pay off their money to one independent audit which will make tracking of payments easier and if there is anything left out or any good leaving and no full payments is done then they will automatically know something is up and trace the transaction to find out what is missing. The world is shrinking technologically and because of this, people stop being ethical and make laws against the ethical side of seing things. The united states came up with the Foreign Corrupt Practices act which prohibited US companies from offering or providing payments to officials of foreign governments for the purpose of retaining or obtaining business ... Get more on HelpWriting.net ...
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  • 142. Bribery And Ethics Of The United States Bribery and Ethics Sarah A. Rowe Campbellsville University Abstract Bribery has become a common term in the corporate world, specifically when international business deals are discussed. Until 1977, it was legal in the United States to bribe foreign officials in order to receive preference or a better business deal. But, the passing of the Foreign Corruption Practices Act of 1977 and its subsequent amendments made it a criminal act for any organization within the U.S. or foreign organization doing business in the United States, to practice any form of bribery and also required the President of the United States to engage other nations in creating similar laws. Since, many nations have chosen to band together against bribery and have formed the Organization for Economic Cooperation and Development that ultimately created the Convention on Combating Bribery of Foreign Public Officials in International Business Transactions. This now makes it illegal to practice bribery in any of the countries that are part of this organization. While the United States and the world has come a long way in stamping out bribery, there are still some organizations that think they can get away with it but end up with massive fines and prison time. But, with so many nations banding together, one can still be hopeful for a world in which we can do business ethically with other ethical businesses around the world. Bribery and Ethics Bribery of foreign public officials is something ... Get more on HelpWriting.net ...
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  • 146. Bribery Research Methodology Title A study of the effect of bribery and corruption with lack of censorship in the governmental institution There are various reasons why corruption takes place and takes hold. Sometimes it is due to the fact that officials are simply not paid very much and so they need to supplement their salaries with money from bribes. Sometimes the bureaucratic system is set up in such a way that officials simply refuse to carry out their duties unless they are 'encouraged' by being offered bribes. In other cases it is actually part of the tradition and culture of a country to give and receive 'gifts' in order to get anything done. In some cases companies from less corrupt countries allegedly engage in bribery in order ... Show more content on Helpwriting.net ... Mostly, corruption occurs in environments where it is tolerated and where the temptation is too strong to resist. In the following paragraph there are some examples of how bribes take place in each and every one of them. The enormous scale of grand corruption in Peru was revealed in 2000 by discoveries leading to the resignation and self–exile of the president, Alberto Fujimori. Video–taped evidence showed that Vladimir Montesano's, Fujimori's spy chief, had repeatedly bribed congressmen to defect to Fujimori's party to ensure its majority in congress. In addition, large bribes had enabled Montesano's to control most of the media and influence the judiciary. However, Fujimori is credited with having reduced petty corruption. His administration pursued policies reducing the role of government, which he justified not only on efficiency grounds, but on the grounds that reducing the role of government would reduce opportunities for corruption. He attempted to reduce corruption in the police and municipal governments, in the latter case by establishing a supervisory agency to field citizen complaints. However, his reforms of the judiciary are thought to have made it more corrupt. Despite some progress, however, several institutions with which ordinary people have much contact were judged to be corrupt by Transparency International in a November 2001 report. ast week did not begin well for Siemens CEO Klaus Kleinfeld, 49, and supervisory board ... Get more on HelpWriting.net ...
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  • 150. Anti Corruption Law Company Law Cons Even though the Hong Kong Bribery Law acts effectively in anti–corruption compared to the mainland bribery law, there are still some loopholes, especially when compared to the UK Bribery Act and the US Foreign Corrupt Practices Act. Similar to the effectives of the Bribery Law, the defects of the HK bribery law also covers equality, enforceability, recourse efficiency and law as a reflection of community standards and expectation four aspects, and each will be discussed with relevant cases. 1. Equality 2.1 Foreign bribes With the prevalence of overseas corruption, most of the countries have set specific regulation against foreign bribes. For example, both the UK Bribery Act and the US Foreign ... Show more content on Helpwriting.net ... However, under the US bribery law system, there is specific ordinance regulated that the President should publicly disclose personal financial information, including personal gifts over $ 350 which have been received by him and his immediate family. And the public disclosure reports are required each May 15th. It can be seen that Hong Kong is substantially lagging behind on rules about supervising activities of the Chief Executive. What should also be noticed is that this case is still in process since the investigation started in 2012 because of the grey area and loopholes in the Hong Kong Bribery Law. 2. Enforceability When it comes to the enforcement of the Bribery Law, the enforce agent, Independent Commission Against Corruption (ICAC) plays a very important and positive role in the Hong Kong anti bribery history. However, with the recent development, some issues have been raised concerning the effectiveness of ICAC. 3.3 Invading privacy and violating legal professional privilege According to Mr Young, in the case Leung Kwok Hung v. Chief Executive, it was held that the chief executive exercised statutory power to intercept private telecommunications violated the constitutional principle of law certainty and other forms of covert surveillance had no legal basis. Moreover, the Commission of Interception of Communications and Surveillance revealed that in many ... Get more on HelpWriting.net ...
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  • 154. Baker Hughes: Foreign Corrupt Practices Act Study Questions 1. Describe the economic and social impact of bribes and other similar payments in emerging economics. In emerging economies, bribes and other similar payments have a negative impact. Such corruption, although appearing to provide short term growth, will not turn into long term growth. Corruption reduces the efficiencies of the operations of the market economy and a loss of direct foreign investment in countries where participation in corruption is how business is done. Politicians and government officials worldwide receive bribes valued between $20 billion and $40 billion annually. Companies that participate in bribing can face reputational damage and loss of investors. According to the World Bank, 0.5% of GDP is lost due to ... Show more content on Helpwriting.net ... Indirectly being involved is still a foreign corrupt practice. 6. Evaluate whether the changes in Exhibits 4 and 5 are likely to stop future foreign corrupt practices at Baker Hughes. Exhibits 4 and 5 are likely to help stop future foreign corrupt practices. To have a set of rules and expectations such as in Exhibit 4, the due diligence procedures, helps by leaving a paper trail. It is important to document the process of hiring a new agent, to make sure that you are complying with the FCPA. Exhibit 5 is also helpful because it is a reference point for anyone who may not be familiar with corruption in international business. To have a set of red flags that can be referenced, it can reduce employees just looking the other way and claiming they were not aware of the potential for corruption during a business deal. While neither of these will stop every occurrence of corrupt practices, having them in place will cause employees to think twice about engaging in such practices. If there is a standard for everyone to follow, it will also be easier to catch those that still decide to intentionally engage in foreign corrupt practices because they will be unable to say they did not know what was happening. 7. Discuss how the compliance and governance changes are likely to impact the future profits and shareholder value at Baker Hughes. Compliance and governance changes will be likely to increase future profits and shareholder value at ... Get more on HelpWriting.net ...