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Article
Publication date: 3 February 2012

Bryane Michael and Stephen Mendes

Macedonian municipalities should pass anti‐corruption ordinances in order to reduce corruption. The purpose of this paper is to review the legal issues involved in…

1084

Abstract

Purpose

Macedonian municipalities should pass anti‐corruption ordinances in order to reduce corruption. The purpose of this paper is to review the legal issues involved in drafting such ordinances and provide legal advisors to local councils with the legal and economic analysis needed to tackle some of the more difficult and detailed questions.

Design/methodology/approach

The most important issue revolves around the creation of a model ordinance which Macedonian municipalities (or the Association of Units of Local Self‐Government of the Republic of Macedonia) could adopt in order to set‐up and run municipal‐level anti‐corruption agencies. The location of such agencies as well as their competencies (to monitor conflicts of interests, oversee asset declarations, and conduct corruption risk‐audits among others) are analysed. The paper also provides legal interpretations of Macedonian legislation and their likely impact on municipal council ordinance design in the area of anti‐corruption – providing the legal basis for positive administrative silence, the splitting of municipal procurement contracts, and (most controversially) qui tam rewards at the municipal level.

Findings

A brief regulatory impact analysis of the ordinance shows a gain of €162,900 in social welfare if such a programme were rolled‐out in Macedonia.

Originality/value

The present paper provides some of the legal analysis which previous papers lack.

Details

International Journal of Law and Management, vol. 54 no. 1
Type: Research Article
ISSN: 1754-243X

Keywords

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: 1 December 2004

Soma Pillay

The effect of corruption in South Africa has seriously constrained development of the national economy and has significantly inhibited good governance in the country…

16725

Abstract

The effect of corruption in South Africa has seriously constrained development of the national economy and has significantly inhibited good governance in the country. South Africa's complex political design is a contributing factor to the rise of corruption, which has adversely affected stability and trust and which has damaged the ethos of democratic values and principles. Although the South African government has been instrumental in systems to fight the evils of corruption, practical problems have increasingly emerged over the years. The most notable problems are: insufficient coordination of anti‐corruption work within the South African public service and among the various sectors of society; poor information about corruption and the impact of anti‐corruption measures and agencies; and the impact of corruption on good governance. This paper is a part of a broader study undertaken on corruption. It addresses issues related to corruption and good governance in the South African (National) Public Service. To articulate and analyse the challenges confronting the country, issues regarding coordination of anti‐corruption agencies will be explored.

Details

International Journal of Public Sector Management, vol. 17 no. 7
Type: Research Article
ISSN: 0951-3558

Keywords

Article
Publication date: 5 January 2015

Ernie Ko, Yu-Chang Su and Chilik Yu

The purpose of this paper is to provide insights into the multiple anti-corruption agencies (ACAs) in Taiwan and their conflict resolution. The birth of the Agency Against…

Abstract

Purpose

The purpose of this paper is to provide insights into the multiple anti-corruption agencies (ACAs) in Taiwan and their conflict resolution. The birth of the Agency Against Corruption (AAC) in 2011 created the unintended consequence of sibling rivalry with the elder Ministry of Justice Investigation Bureau (MJIB).

Design/methodology/approach

A historical background of these agencies is discussed and followed by an analysis of the diversified conflicts among the prosecutor’s office, the AAC and the MJIB. The empirical sources of this study include 17 in-depth interviews with government officials both at ministerial level and field level, scholars and NGO representatives.

Findings

The redundancy of ACAs in Taiwan is a fact, which is extremely difficult to change in the foreseeable future in the light of current political and fiscal constraints. This paper concludes that the conflicts among multiple ACAs and their operational weaknesses will not fade away after a mere directive from their superior, the Ministry of Justice, unless genuine cooperation is put into place in various individual cases.

Practical implications

This paper provides a road-map for decision makers to improve collective anti-corruption performance. Taiwan’s AAC serves as the latest example testing the efficacy of the multiple specialized ACAs.

Originality/value

This pioneering study provides insights into Taiwan’s anti-corruption policy and practices. More investigative studies should be conducted on the effectiveness of multiple ACAs in other countries.

Details

Asian Education and Development Studies, vol. 4 no. 1
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 2 October 2017

Guangyou Liu and Siyu Liu

This paper aims to answer the following two research questions: Do corruption cases present different features before and since the new administration in China? How are…

Abstract

Purpose

This paper aims to answer the following two research questions: Do corruption cases present different features before and since the new administration in China? How are criminal penalties affected by these corruption features?

Design/methodology/approach

The investigation is based on the online disclosure of 269 state corruption audits and their consequences, which have been made public by China’s National Audit Office since 2011. By manual coding, these official reports were analyzed, and an appropriate-sized sample of corruption cases was chosen. The authors then adopted Welch’s t-test and regression model methods to test the research hypotheses relevant to the two research questions.

Findings

The authors find that larger embezzlement or bribery amounts and more organizational corruption cases have been detected and punished since the anti-corruption campaign was launched by the new administration. They also conclude that significantly tougher criminal penalties were given to corruption cases involving large monetary amounts, that bribery cases were more harshly punished compared to other occupational crimes and that individual perpetrators received tougher criminal penalties than organizational criminals. In addition, the authors observe a trend that criminal penalties for corruption have been increasingly harsher in recent years.

Research limitations/implications

The limitations of this study are quite clear as the Chinese corruption cases in this sample only include state corruption audit cases and does not refer to high-profile corruption cases investigated by the Central Commission of Discipline Inspection. However, this study suggests that state corruption audit results are a good research sample, which can be used to extend empirical tests to archival data acquired from state audit practices and can encourage more studies on public sector auditing and occupational financial crime.

Practical implications

State corruption audits can be an effective approach to successful anti-corruption campaigns, and the conclusions can be useful to policy makers and legislators in China and other developing countries.

Originality/value

This paper bridges some gaps in the existing financial crime literature. First, this study on corruption features is located within the context of a political administrative change; second, the state audit is highlighted as a supervising agency in the anti-corruption campaign; and third, the authors’ contribution adds to the empirical testing of data sets of state corruption audits within the existing financial crime literature.

Details

Journal of Financial Crime, vol. 24 no. 4
Type: Research Article
ISSN: 1359-0790

Keywords

Book part
Publication date: 4 August 2008

Pan Suk Kim

Since South Korea gained a substantial degree of political and economic development, the South Korean government has tried to eradicate corruption by introducing…

Abstract

Since South Korea gained a substantial degree of political and economic development, the South Korean government has tried to eradicate corruption by introducing institutional frameworks in addition to a number of new laws and institutions. As a matter of fact, the Transparency International's Corruption Perceptions Index score of South Korea is improving over time, but it still far behind other leading countries. The purpose of this chapter is to review the South Korean government's efforts at curbing corruption. This chapter first reviews the development of major anti-corruption infrastructure such as the anti-corruption legislation and the South Korean government's independent agency for anti-corruption, followed by discussion of the development of major anti-corruption measures, the international evaluation on corruption, and the role of civil society in curbing corruption. After that, there is a discussion of policy implications and the conclusion.

Details

Comparative Governance Reform in Asia: Democracy, Corruption, and Government Trust
Type: Book
ISBN: 978-1-84663-996-8

Article
Publication date: 5 January 2015

Robert Gregory

This purpose of this paper is to discuss the relationship between political independence and operational impartiality in regard to the effectiveness of anti-corruption

Abstract

Purpose

This purpose of this paper is to discuss the relationship between political independence and operational impartiality in regard to the effectiveness of anti-corruption agencies (ACAs). Against this background of western orthodoxy, it asks whether a non-western country with high levels of corruption (Vietnam being an example) can find another pathway in its efforts to effectively combat corruption.

Design/methodology/approach

An exercise in qualitative conceptual clarification and theoretical speculation, drawing upon practical examples.

Findings

It is argued that it is important to distinguish between de jure and de facto political independence, and that neither can be fully understood unless they are considered in relationship to other key values, particularly operational impartiality, public accountability, and systemic legitimacy, and in the context of bureaucratic politics. There is little coherent theoretical knowledge available about the relationships among these variables. Such values are central to western notions of “good government” but are much less institutionalised in non-western jurisdictions with high levels of corruption. The question is raised: can such countries, Vietnam being one example, develop effective anti-corruption strategies which because of the nature of their own political system, cannot depend on political independence for its ACAs?

Originality/value

Attention is drawn to some conceptual and putatively theoretical issues relating to the effectiveness of ACAs, and which have received little explicit attention in the relevant academic literature.

Details

Asian Education and Development Studies, vol. 4 no. 1
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 7 January 2019

Maria Krambia-Kapardis

The purpose of this paper is to provide an adequate account of anti-corruption agency (ACA) ineffectiveness and propose the kind of ACA that would hold the promise of…

Abstract

Purpose

The purpose of this paper is to provide an adequate account of anti-corruption agency (ACA) ineffectiveness and propose the kind of ACA that would hold the promise of success. The paper draws on legitimacy theory, legal process and the notion of integrity of purpose.

Design/methodology/approach

This paper contextualizes the establishment and proliferation of ACAs; explores different ways of conceptualizing them; examines the broad range of factors that have underpinned ACA ineffectiveness and utilizes both legitimacy theory and the notion of the integrity of purpose.

Findings

The one-ACA-model-fits-all approach in corruption-control has been an abysmal failure. Disentangling the reasons for ACA ineffectiveness reveals various endogenous and exogenous factors. It also emphasizes the crucial importance of integrating both legitimacy theory and integrity of purpose in a revamped ACA concept that meets the corruption-control challenge.

Practical implications

It is possible to design and implement an effective ACA by avoiding various factors that have been shown to seriously undermine corruption control efforts by also drawing on legitimacy theory, legal process and integrity of purpose.

Social implications

Corruption in both the public and private sectors cannot be controlled in isolation from other socio-economic problems. An effective ACA is one that fosters integrity and is considered legitimate by its stakeholders.

Originality/value

While there have been some articles the past two decades discussing the effectiveness of ACAs in particular countries, this is the first paper to account for the overall ACA ineffectiveness also using legitimacy theory, legal process and integrity of purpose to revamp the ACA concept.

Details

Journal of Financial Crime, vol. 26 no. 1
Type: Research Article
ISSN: 1359-0790

Keywords

Article
Publication date: 14 June 2018

Jin-Wook Choi

The purpose of this paper is to examine how corruption has changed over time in South Korea and to explore how the corruption control and prevention efforts of the Korean…

Abstract

Purpose

The purpose of this paper is to examine how corruption has changed over time in South Korea and to explore how the corruption control and prevention efforts of the Korean government have been successful and failed.

Design/methodology/approach

This paper draws on institutional theory to formulate a qualitative analysis to assess the effectiveness of anti-corruption policies and measures, and to identify the strengths and weaknesses of anti-corruption reform efforts in South Korea.

Findings

This paper argues that while the Korean government has been quite successful in building anti-corruption institutions to control low-level petty corruption, it has failed to institutionalize anti-corruption institutions to curb high-level grand corruption.

Originality/value

While many studies have attempted to identify the successful factors of fighting corruption, this paper draws a theoretical distinction between institution-building vs institutionalization to examine the success and failure of corruption control and prevention efforts in South Korea.

Details

Asian Education and Development Studies, vol. 7 no. 3
Type: Research Article
ISSN: 2046-3162

Keywords

Article
Publication date: 17 February 2022

Olusola Joshua Olujobi and Ebenezer Tunde Yebisi

This study aims to investigate the Federal Government’s failure to combat money laundering and terrorism financing and the various hurdles to enforce the Money Laundering…

Abstract

Purpose

This study aims to investigate the Federal Government’s failure to combat money laundering and terrorism financing and the various hurdles to enforce the Money Laundering (Prohibition) Act, 2012 (as amended), effectively, which prohibits illegal earnings criminally induced investments in and out of Nigeria. This has had an impact on the country’s economic potential and its image in the international community. Despite many anti-corruption laws criminalising money laundering and terrorism financing, it is rated among the nations with the highest poverty index despite its immense natural resources.

Design/methodology/approach

This study uses a conceptual legal method to help a doctrinal library-based investigation by using existing material. This study also makes use of main and secondary legislation, such as the Constitution, the Money Laundering (Prohibition) (Amended) Act 2012 and the Terrorism (Prevention) Act 2013 (as amended), as well as case law, international conventions, textbooks and peer-reviewed publications. A comparison of anti-money laundering legislation in Canada, the UK, Hong Kong, China and Nigeria was conducted, with lessons learned for Nigeria’s anti-money laundering and anti-terrorism financing laws. According to the findings, the Act is silent on the criminal use of legitimate earnings to fund terrorism and cultism.

Findings

There is no well-defined legal framework for asset recovery and confiscation. In Nigeria’s legal system, this evident void must be addressed immediately. To supplement existing efforts to prevent money laundering, the research develops a hybrid model that incorporates the inputs of government representatives and civil society organisations. This study suggests a complete revision of the Act to eliminate ambiguity and focus on the goals of global anti-money laundering and anti-terrorist funding restrictions.

Research limitations/implications

One of the limitations of this study is the paucity of literature and data on money laundering and terrorist financing in Nigeria due to the secrecy around the crimes, which do not give room for the collection of statistical data and due to the transactional nature of the crimes. This is not to submit that no attempts have been made in the past or recent times to quantify the global value of money laundering and its effects on Nigeria’s economy. Such attempts have been inconclusive and inaccurate.

Practical implications

The dearth of records on the magnitude of money laundering in Nigeria has limited generalising the research findings due to the limited access to some required information. However, this study is suitable for adoption in other sectors of the economy in dealing with clandestineness in money laundering and terrorism financing. Future researchers are commended to use the quantitative assessment method to appraise the effects of money laundering and terrorist financing laws and policies in Africa to supplement the current literature in the field.

Originality/value

The research develops a hybrid model that incorporates the inputs of government representatives and civil society organisations. This study suggests a complete revision of the Act to eliminate ambiguity and focus on the goals of global anti-money laundering and anti-terrorist funding restrictions.

Details

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

Keywords

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