Corruption, Integrity and the Law

The rapid increase of negotiated out of court settlements in corporate crime cases has attracted significant academic attention. How the terms of settlements are constructed, however, remains under-studied. To address this gap, the paper observes that the terms of settlements often include a basket of allegations widely spread across time and geography. The paper conceptualises this as a form of 'bundling'. The paper empirically explores the unique dynamics of corporate bribery cases that enable prosecutors to engage in bundling, and deconstructs bundling into two typologies (allegation bundling and enforcement bundling). From this perspective, this paper analyses official enforcement documentation relating to international bribery cases, supplemented with data from interviews with key informants who have experience of settlement negotiations in the US, the UK, and other countries. The analysis reveals that bundling provides efficiencies when resolving corporate crime cases, offers discounts to corporate defenders, and incentivizes coordinated multilateral enforcement. The practice of bundling allegations and enforcers confirms the character of negotiated settlements as a symbolic criminal law tool designed to reform the accused corporation through negotiation, persuasion and compliance.

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Anti-corruption mechanisms: A study in the light of international law and national regulation

Barafi

Alkrisheh

Al-Obeidi

et al. 2022

JGR

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Corruption is a constant dilemma that challenges societies and manifests itself differently in every state and civilization. This phenomenon has disastrous consequences on the economy and society. After clarifying the different approaches to corruption, this paper sheds light on the types of corruption and its causes. Sources of corruption can lie in the weakness of the rule of law, judiciary, internal control system, and low wages (Sumpf, Araji, & Crompton, 2016). This paper also examines important anti-corruption instruments such as international and regional organizations, and governmental and non-governmental bodies. It intends to review the state of corruption at the national level and how Jordan and Iraq tackled corruption by analyzing the data of the reports published by the transparency organization and the local authorities: the Jordanian Integrity and Anti-Corruption Commission and the Iraqi Federal Commission of Integrity. The aim is to show what these nations have done on a domestic level to fulfill the international requirement to reduce corruption. This study found that most anti-corruption laws are laws to establish relevant bodies and departments, but they are not special laws to combat corruption crimes. Moreover, although Iraq and Jordan joined international and regional conventions to combat corruption, they have not been fully successful in curbing it. The main recommendations based on these findings are to increase the role of international and local monitoring agencies, enforce written laws, and enhance cooperation between agencies. Arab countries must establish clear public policies and strategies for combating corruption.

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Corruption, Integrity and the Law

Cited by 4 publications

References 15 publications

Smart City: A Qualitative Reflection of How the Intelligence Concept with Effective Ethics Procedures Applied to the Urban Territory Can Effectively Contribute to Mitigate the Corruption Process and Illicit Economy Markets

Smart City: A Qualitative Reflection of How the Intelligence Concept with Effective Ethics Procedures Applied to the Urban Territory Can Effectively Contribute to Mitigate the Corruption Process and Illicit Economy Markets

Policing corporate bribery: negotiated settlements and bundling

Anti-corruption mechanisms: A study in the light of international law and national regulation

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