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Preventing Corporate Corruption: The Anti-Bribery Compliance Model

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Edited by: Stefano Manacorda, Francesco Centonze, Gabrio Forti

ISBN13: 9783319044798
Published: April 2014
Publisher: Springer-Verlag
Country of Publication: Switzerland
Format: Hardback
Price: £117.00



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This book presents the results of a two-year international research project conducted for the United Nations Office on Drugs and Crime (UNDOC) to investigate and provide solutions for reducing bribery and corruption in corporations and institutions. It starts with an empirical case study on the effectiveness of a set of self-regulation rules adopted by multinational companies in the energy sector. Second, it explores the context and factors leading to corruption internationally (and the relationships between domestic criminal law and self-regulation). Third, it examines guidelines for the adoption of compliance programs developed by international institutions, to serve as models for the future. The principle result of the book is a three-pronged Anti-Bribery Corruption Model (so called ABC Model), endorsed by the United Nations, intended as a corruption prevention tool intended to be adopted by private corporations. This work provides a common, research-based standard for anti-bribery compliance programs, with international applications. This work will be of interest to researchers studying Criminology and Criminal Justice, particularly in the areas of organized crime and corruption, as well as related areas like Business Ethics and Comparative International Law.

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Subjects:
Criminal Law
Contents:
Part I: Moving towards the ABC Model: A General Overview
Towards an Anti-bribery Compliance Model: Methods and Strategies for a "Hybrid Normativity"
The Universal Approach of the United Nations Convention against Corruption
The Private Sector Role in the Fight Against Corruption
Public-Private Partnerships and Agency Problems: The Use of Incentives in Strategies to Combat Corruption
Internal Investigations, Whistleblowing and Cooperation: The Struggle for Information in the Criminal Process
Collective Action and Corruption
Part II: The ABC Model
The ABC Model
A Draft of an Anti-Bribery Compliance Program Recommended to Corporations Operating in a Multinational Environment
Part III: Background Analysis for the ABC Model: Compliance Programs in Practice
The Anti-Corruption Compliance Program Benchmarking Assessment in the Oil and Gas Industry: Methodology and Achievements
Empirical Features of International Bribery Practice: Evidence from FCPA Enforcement Actions
Part IV: The ABC Model and International Legal Framework: Rules, Controls and Sanctions
Corporate Anti-Bribery Self-Regulation and the International Legal Framework
An Anti-Corruption Ethics and Compliance Program for Business: A Practical Guide
The Role of the G20 and B20 in the Fight Against Corruption
Emerging Control of and Sanctions against Corruption: The ICC
Globalizing the Fight against Corruption
The Fight Against Corruption: The World Bank Debarment Policy
Part V: The ABC Model and Criminal Justice: The National Legal Context
Compliance Programs and Criminal Law Responses: A Comparative Analysis
An Analysis of Institutional Guidance and Case Law in the United States Pertaining to Compliance Programs
Corporate Responsibility and Compliance Programs in Italian Case Law
Corporate Responsibility and Compliance Programs in Australia
Corporate Responsibility and Compliance Programs in Canada
Corporate Responsibility and Compliance Programs in China
Corporate Liability and Compliance Programs in France
Corporate Responsibility and Compliance Programs in Switzerland
Corporate Responsibility and Compliance Programs in the United Kingdom
Appendix: Questionnaire: Anti-Corruption Compliance Program Benchmarking Assessment.