Search results

1 – 10 of over 2000
Open Access
Article
Publication date: 27 May 2021

Olusola Joshua Olujobi

The aim of this study is to investigate how Nigeria can seek legal assistance on recovery of its stolen assets to reduce corruption and to ensure no sheltered havens for…

Abstract

Purpose

The aim of this study is to investigate how Nigeria can seek legal assistance on recovery of its stolen assets to reduce corruption and to ensure no sheltered havens for incomes from corruption.

Design/methodology/approach

The research adopts a conceptual method by using existing literature with the application of doctrinal legal research technique. The research likewise uses primary and secondary sources of legislations such as legislative provisions, case laws and the provisions of Chapter V of the United Nations Convention against Corruption and the process of asset recovery. The study compares the United Kingdom, USA, Hong Kong in China, South Africa and Nigeria proceeds of corruption recovery laws to gain basic legal features that would be beneficial to Nigeria in reforming its anti-corruption laws.

Findings

The principle of territorial sovereignty under the international law makes the offence of corruption not punishable outside the jurisdiction of the state where the offence was committed. As a result, some developed states boost their economy with these proceeds and the developing states are impoverished. There is also an allegation of discrepancies in the figures of funds recovered by the anti-corruption agencies. Thus, there is the need for transparency; law on civil forfeiture of proceeds of corruption; bilateral treaties; and mutual legal assistance on investigation, confiscation among countries for tracing and returning of proceeds of corruption.

Research limitations/implications

The estimates of the volume of assets looted from Nigeria vary widely because of the complexity of collecting data on proceeds of corruption as official statistics on proceeds of corruption recovered do not exist as each anti-corruption agency occasionally makes pronouncements on the volume of assets recovered without any breakdown in terms of assets seized, nature of assets and their locations and its values. Such data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness.

Practical implications

Considering the clandestine manners corruption is being committed, it is tasking to correctly evaluate the amount of money stolen so, their economic impacts on the nation’s economy.

Social implications

Absence of accurate data would aid policymakers to measure the effectiveness of the present assets legislations and to enhance its effectiveness.

Originality/value

The study offers modules on management of proceeds of corruption by establishing “Assets Management Commission” and “Proceeds of Corruption Forfeiture Funds” for reparation of victims’ of corruption. The study suggests the necessity for civil forfeiture of proceeds of corruption, which is presently lacking, and creation of Proceeds of Corruption Recovery and Management Commission to manage such proceeds and advocate establishment of “Proceeds of Corruption Forfeiture Funds” for reparation of victims of corruption.

Details

Journal of Money Laundering Control, vol. 24 no. 4
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 20 November 2007

Scott A. Fritzen

The purpose of the paper is to explore an emerging challenge for large public‐sector bureaucracies: developing information and performance measurement systems that support

1486

Abstract

Purpose

The purpose of the paper is to explore an emerging challenge for large public‐sector bureaucracies: developing information and performance measurement systems that support anti‐corruption efforts.

Design/methodology/approach

The paper is an analytical framework linking functions and contexts of performance measurement to anti‐corruption requirements. The framework is used to explore a case study of the World Bank's ongoing efforts to strengthen anti‐corruption information systems in Indonesia.

Findings

The paper finds that a range of organizations are increasingly turning to performance measurement systems to fulfill several functions related to organizational integrity: to hold organizations accountable for reaching publicly stated standards of fiduciary responsibility and corruption control; to identify vulnerable operational points in multi‐faceted public enterprises; and to facilitate organizational learning regarding “what works”. Yet corruption is difficult to measure, and corruption vulnerabilities often arise from informal practices, insufficient incentives for enforcement or adherence to standards, and managerial blindspots. Enhanced information systems need to be coupled with effective and multi‐directional accountability arrangements in order for performance measurement to contribute effectively to corruption control.

Practical implications

The paper shows that improved information systems and a reassessment of managerial incentives and attitudes are both essential in order to reduce organizational vulnerability to corruption and to the public backlash that follows in the wake of corruption scandals.

Originality/value

The paper focusses on an emerging area of performance management likely to gain increasing visibility as large bureaucracies attempt to institutionalize public commitments to high anti‐corruption standards

Details

Measuring Business Excellence, vol. 11 no. 4
Type: Research Article
ISSN: 1368-3047

Keywords

Article
Publication date: 3 October 2016

Anastasia Suhartati Lukito

The significant role of anti-corruption compliance should be encouraged to create good business and investment climate. Especially, in the circumstances of higher number…

1419

Abstract

Purpose

The significant role of anti-corruption compliance should be encouraged to create good business and investment climate. Especially, in the circumstances of higher number of bribery and corruption cases, whilst preparing for Asian Economic Community, the necessary actions to reduce the financial crime and economic crime should be fostered into all aspects of business activities. To reduce bribery and corruption cases in Indonesia, National Integrity System as part of National Strategy on Corruption Prevention and Eradication is urged to be conducted. With the implementation of National Integrity System among all public or governmental institutions and private institutions, the institutions itself will be strengthened. National Integrity System should be implemented through all the people, process and technology in the organizations. So, at the end, the purpose of this paper is to prevent any financial crime, particularly in the Indonesian anti-corruption regime.

Design/methodology/approach

This paper explores and analyzes anti-bribery regulations and the important role of National Integrity System as the prevention approach to build anti-corruption compliance in Indonesia.

Findings

The National Integrity System and Anti-Corruption Compliance can be viewed as important elements for preventing any financial crime. The new perspective is needed for all of the public institutions and private institutions to build and implement National Integrity System in all business activities. Furthermore, all of business society has a significant role of developing the sustainable good business environment in Indonesia. Encouraging National Integrity System in every business sector is also a way to achieve the last purpose, which is to strengthen economic competitiveness.

Practical implications

The paper can be a source to explore about the National Integrity System and Anti-Corruption Compliance based on Indonesia perspectives.

Originality/value

This paper gives contributions by encouraging the public and private institutions to build anti-corruption compliance by implementing National Integrity System within their organizational culture to prevent financial crime and lead to sustainable economic growth.

Details

Journal of Financial Crime, vol. 23 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 8 March 2021

Habib Zafarullah and Ahmed Shafiqul Huque

Corruption is ubiquitous, deeply rooted in Bangladesh’s socio-political fabric. Over the past two decades, the phenomenon has reached to an extent that it is now…

Abstract

Corruption is ubiquitous, deeply rooted in Bangladesh’s socio-political fabric. Over the past two decades, the phenomenon has reached to an extent that it is now inescapable and almost impossible to eradicate. Successive governments have tried several measures to combat corruption without much success. This chapter will probe into the nature and extent of corruption in Bangladesh from a wider perspective and consider some of the underlying historical, social, cultural, political, economic, and administrative reasons for the pervasive malfeasance in the public sector. It will evaluate the effectiveness of anti-corruption laws, and the strategies followed by institutions meant to fight corruption.

Details

Corruption in the Public Sector: An International Perspective
Type: Book
ISBN: 978-1-83909-643-3

Keywords

Article
Publication date: 27 March 2020

Gloria Perez Torres

This study aims to investigate the impact of the enforcement of the international anti-bribery legal framework in developing countries.

Abstract

Purpose

This study aims to investigate the impact of the enforcement of the international anti-bribery legal framework in developing countries.

Design/methodology/approach

It uses the PetroTiger case to examine the effects of foreign bribery prosecutions in Colombia, from a bribe-receivers perspective. PetroTiger is a USA-based company that was prosecuted for bribing public officials in Colombia. As a result, the public officials involved were also prosecuted in Colombia for receiving bribes. This case serves to illustrate how international anti-bribery law operates in practice and how it impacts Colombian law enforcement institutions and their capacity to prosecute bribe-receivers. The Colombian response to the international anti-corruption framework is examined in this study through the review of legislative efforts taken to address the problems of bribery and corruption in public procurement.

Findings

This study finds that enforcement of foreign bribery laws raise awareness of the situation of corruption in developing countries, generate parallel prosecutions of individuals at the receiving end of bribes and helps developing countries to develop technical expertise to fight corruption.

Practical implications

In practice, due to the transnational nature of foreign bribery, without international agreements, this type of corruption in international business would seldom lead to prosecution. Although the effectiveness of the enforcement of international anti-corruption law is debated, in reality, prosecutions of foreign bribery by developed countries have more positive than negative implications for developing countries.

Social implications

Assist to continue efforts to deter corruption.

Originality/value

No many studies have looked at the effectiveness of anti-corruption international law in developing countries. As indicated by Mr. Moulette Patrick head of Anti-Corruption Division at organisation for economic co-operation and development more research on the effectiveness of the UN enacted Convention against Corruption, which is what this paper does.

Open Access
Article
Publication date: 10 May 2021

Olusola Joshua Olujobi

This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.

2958

Abstract

Purpose

This study aims to investigate why anti-corruption statutes are not efficient in Nigeria’s upstream petroleum industry.

Design/methodology/approach

This study is a doctrinal legal research that embraces a point-by-point comparative methodology with a library research technique.

Findings

This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Finally, this study finds that anti-corruption organisations in Nigeria are not efficient due to non-existence of the Federal Government’s political will to fight corruption, insufficient funds and absence of stringent implementation of the anti-corruption legal regime in the country.

Research limitations/implications

Investigations reveal during this study that Nigerian National Petroleum Corporation (NNPC) operations are characterised with poor record-keeping, lack of accountability as well as secrecy in the award of oil contracts, oil licence, leases and other financial transactions due to non-disclosure or confidentiality clauses contained in most of these contracts. Also, an arbitration proceeding limit access to their records and some of these agreements under contentions. This has also limited the success of this research work and generalising its findings.

Practical implications

This study recommends, among other reforms, soft law technique and stringent execution of anti-corruption statutes. This study also recommends increment in financial appropriation to Nigeria’s anti-corruption institutions, taking into consideration the finding that a meagre budget is a drawback.

Social implications

This study reveals that corruption strives on feeble implementation of anti-corruption legal regime and the absence of political will in offering efficient regulatory intervention. Corruption flourishes due to poor enforcement of anti-corruption laws and the absence of political will in offering efficient regulatory intervention by the government.

Originality/value

The study advocates the need for enhancement of anti-corruption agencies' budgets taking into consideration the finding that meagres budgets are challenge of the agencies.

Details

Journal of Money Laundering Control, vol. ahead-of-print no. ahead-of-print
Type: Research Article
ISSN: 1368-5201

Keywords

Article
Publication date: 28 September 2020

Rushdi Abdul Rahim, Azmil Mohd Amin and Norsam Tasli Mohd Razali

The purpose of this paper is to explore the application of scenarios, as part of foresight process in the attempt to anticipate and understand the future vulnerabilities…

Abstract

Purpose

The purpose of this paper is to explore the application of scenarios, as part of foresight process in the attempt to anticipate and understand the future vulnerabilities, trends and challenges for macro planning process.

Design/methodology/approach

The use of multidisciplinary knowledge, tools and methodologies with the aim of finding new solutions to the grand challenges faced by government have gained popularity in the Malaysian public sector. One of the tools gaining prominence is the use of scenario planning, where it has been widely used by both the public and private sectors to manage risk and develop robust strategic plans in face of uncertain future. The method is extensively applied by many corporations and multinationals particularly among international oil and gas organisations. In the public sector, scenarios have been effectively used in many areas and discipline to provide a broad and deep understanding and inclusive approach in formulation and development of policies.

Findings

This paper described the use of scenarios to understand the present and future of anti-corruption, as well as anticipate emerging areas of corruption, both within the government and its ecosystem. This led to the formulation of the national level policy on anti-corruption.

Research limitations/implications

The National Anti-Corruption Plan is an open and living document that will be continuously reviewed throughout its five years implementation duration. It is the reference document for ministries, agencies and governments-linked companies in Malaysia to develop their own Organisational Anti-Corruption Plan. Therefore, the document will be a strategic document for the Government of Malaysia to materialise their anti-corruption effort as a strategic conversation engagement with stakeholders that will provide new insights to the scenarios developed.

Practical implications

Often, policymakers begin the process of policy formulation through the identification of the problem statement, with hypothesis developed for the subject matter by project owners and stakeholders. Upon understanding the problems, efforts will then be made to identify solutions or strategies through deliberation by stakeholders. However, this direct approach may produce gaps and lack the required future robustness. The use of scenarios will ensure inclusiveness of approach, taking into consideration all present challenges, anticipating future need and trends that emerged in domestic, regional and international contexts.

Social implications

This paper addresses corruption by developing solutions that enable the government to solve present problem and to prevent future occurrences by anticipating incidents and areas of corruption; it is about proactive measures rather than reactive measures. This paper also emphasizes on a different perspective – looking at multiple lenses – understanding the systemic issues and interdependencies of anti-corruption challenges. The stakeholders then shift their lenses, narrowing the issues towards specific areas, from a broader perspective to a more focused perspective measure. This study ensures critical stakeholders’ involvement and buy-in; findings and suggested solutions are shared and tested amongst targeted groups. This will enable collective insights and shared responsibility for stakeholders in ensuring the success of the implementation of the plan.

Originality/value

The authors wish to highlight that reviews of various anti-corruption policy documents, especially in the Asia Pacific region were made. This was intended to highlight the significance of this paper and how it shows that the application of scenarios in formulation of a national level anti-corruption policy is unprecedented.

Details

foresight, vol. 23 no. 3
Type: Research Article
ISSN: 1463-6689

Keywords

Article
Publication date: 28 January 2020

Hendi Yogi Prabowo

The purpose of this paper is to explore the potential of computer-assisted qualitative data analysis software (CAQDAS) to support qualitative evaluation of corruption…

294

Abstract

Purpose

The purpose of this paper is to explore the potential of computer-assisted qualitative data analysis software (CAQDAS) to support qualitative evaluation of corruption prevention initiatives, especially those focusing on behavioral changes. To achieve this objective, this paper applies the principles of qualitative inquiries to establish a foundation for developing effective means for evaluating behavior-oriented corruption prevention initiatives in Indonesia.

Design/methodology/approach

Through exploratory study, this paper assesses current corruption prevention evaluation practice in the Indonesian public sector to highlight major deficiencies thereof primarily through examination of publicly available documents on anti-corruption practice in Indonesia. Furthermore, this paper also discusses how qualitative methods using CAQDAS may strengthen the existing anti-corruption regime by aiding decision-makers to better evaluate the success or failure of their corruption prevention initiatives in particular those aiming for behavioral changes. To illustrate how a qualitative data analysis application can support anti-corruption evaluators, NVivo will be used as a reference from which multiple analytical tools will be discussed to highlight their potential for qualitative qualitative analysis analysis in corruption prevention evaluation.

Findings

The author establishes that the existing quantitative measures of evaluation are insufficient in generating a comprehensive picture of the success or failure of the existing anti-corruption initiatives in Indonesia. Evidences suggest that the existing quantitative measures appear to be unable to cope with the growing complexity of various corruption problems in the country in particular to those related to organizational culture and behavior. Despite the numerous behavior-oriented initiatives to reduce the risk of corruption in the Indonesia public sector, it is still unclear if such initiatives actually have made a difference in preventing corruption, as many of their elements cannot be measured quantitatively. Therefore, the author believe that deeper insights into corruption problems can be obtained through proper qualitative assessments in which evaluators play the role as the primary analytical instrument. To enhance evaluators’ capability in obtaining and analyzing qualitative data, the author proposes the use of CAQDAS and the evaluation of corruption prevention initiatives. With a special reference to NVivo, the author argues that using CAQDAS will enable evaluators to conduct qualitative analysis more efficiently to identify patterns within the data, as it offers various tools to look deeper into context, diversity, nuance and process so as to gain deeper understanding of the meaning of human action and how it may affect the risk of corruption within organizations.

Research limitations/implications

This study is self-funded and is relying primarily on documentary analysis in assessing the existing corruption prevention evaluation measures in Indonesia. Future studies may benefit from in-depth interviews with anti-corruption evaluators in particular from the country’s anti-corruption agency.

Practical implications

This paper contributes to the development of corruption prevention strategy by proposing a framework for systematically performing qualitative evaluation on behavior-oriented corruption prevention initiatives.

Originality/value

This paper highlights the importance of qualitative measures in evaluating behavior-oriented corruption prevention initiatives in the Indonesian public sector.

Details

Journal of Financial Crime, vol. 27 no. 2
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 5 June 2020

Haitham Nobanee, Osama F. Atayah and Charilaos Mertzanis

This paper aims to test the levels of anti-corruption disclosure and its implication on the banking performance of both conventional and Islamic banks listed on the Abu…

Abstract

Purpose

This paper aims to test the levels of anti-corruption disclosure and its implication on the banking performance of both conventional and Islamic banks listed on the Abu Dhabi Securities Exchange and Dubai Financial Market.

Design/methodology/approach

The authors have used the content analysis to identify the levels of anti-corruption disclosure in the banks’ annual reports. They have also used the two-steps generalized method of moments (GMM) regression applied to dynamic panel data analysis to examine the effect of the anti-corruption disclosure on the banking performance.

Findings

The empirical results show that the anti-corruption disclosure is at low levels for all banks and conventional and Islamic banks samples. The results also show no significant differences in the anti-corruption disclosure between Islamic and conventional banks. The results of the two-steps GMM regression applied to dynamic panel data analysis show a negative and significant impact of the levels of anti-corruption disclosure on the bank’s performance for both all banks and conventional banks; the results of the dynamic panel data analysis show an insignificant impact of anti-corruption discloser for the Islamic banks' sample.

Practical implications

The findings recommended a comprehensive framework of anti-corruption disclosure to the central banks and financial market regulators to enhance anti-corruption practices within the financial institutions to increase transparency and enhance their performance.

Originality/value

Fighting against anti-corruption is essential for financial institutions. This paper is the first study that examined the extent of anti-corruption levels and their effect on banking performance for both Islamic and conventional banks operates in the UAE. The findings help in enhancing reporting practices in terms of anti-corruption to improve transparency and performance in the banking sector.

Details

Journal of Financial Crime, vol. 27 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 20 January 2020

Habeeb Abdulrauf Salihu and Amin Jafari

The purpose of this paper is to examine the various anti-corruption strategies used to fight economic and financial crimes in both the public and private sectors in Iran.

Abstract

Purpose

The purpose of this paper is to examine the various anti-corruption strategies used to fight economic and financial crimes in both the public and private sectors in Iran.

Design/methodology/approach

This paper relied essentially on a secondary source of information. Materials used were collected in an eclectic manner from published outlets such as journal publications, books, online sources and newspaper reports. Also, official documents and statutes were also used. This study’s scope is limited to issues and analysis relating to measures adopted to combat corruption in Iran.

Findings

The legal and institutional frameworks analysed indicated that Iran has a robust anti-corruption scheme. However, there is no adequate measure available to gauge the effectiveness of these measures.

Practical implications

The paper concludes that conventional anti-corruption methods are not enough to fight corruption in this present time, thus, the implementation of whistle-blower policy and allowing freedom of operation of the civil society organisations and media would assist in the fight against corruption in Iran.

Originality/value

The paper provides the legal and institutional anti-corruption frameworks in Iran. It explores the three major approaches or methods of combating corruption and other corrupt practices in Iran.

Details

Journal of Money Laundering Control, vol. 23 no. 1
Type: Research Article
ISSN: 1368-5201

Keywords

1 – 10 of over 2000