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1 – 10 of 176Adam W. Du Pon, Andrea M. Scheetz and Zhenyu “Mark” Zhang
This study aims to examine the determinants of Foreign Corrupt Practices Act (FCPA) violations and consequences of FCPA enforcements.
Abstract
Purpose
This study aims to examine the determinants of Foreign Corrupt Practices Act (FCPA) violations and consequences of FCPA enforcements.
Design/methodology/approach
This paper uses publicly available data from Compustat, I/B/E/S and Thomson Reuters databases, combined with Securities and Exchange Commission (SEC) and Department of Justice (DOJ) cases, to extract insights on FCPA violations and enforcements using econometric approaches.
Findings
The main determinants of FCPA violations appear to be firm size, multinational structure, country corruption and Sarbanes-Oxley Act control weaknesses. Traditional misreporting risks (F-score and M-score) do not predict FCPA violations. This study discovers significant differences between FCPA violations by motivation, as in, sale generation, rent extraction or cost evasion. Bribes motivated by sale generation or rent extraction are partially driven by the extent of the firm’s global operations, whereas bribes motivated by cost evasion relate to internal influences. This study also finds that enforcement is more salient for criminal violations (DOJ enforcement), compared to civil violations (SEC enforcement).
Research limitations/implications
This research provides new insights into the determinants of FCPA violations while underscoring the need for effective measures to combat bribery and promote ethical business practices. This research contributes to the ongoing efforts to curtail bribery, offering valuable insights into the characteristics of firms more likely to engage in bribery and contexts in which these activities occur. It provides critical implications for regulatory bodies, highlighting the differential responses of firms to varying types of enforcement, namely, criminal versus civil, as the authors observe greater decreases in internal control weaknesses following DOJ enforcement compared to SEC enforcement.
Practical implications
For enforcement agencies, the findings underscore the importance of rigorous criminal enforcement against FCPA violations, highlighting the improved control environments prompted by DOJ actions. Managers will find this research relevant, as it demonstrates that a firm’s entry into international markets substantially elevates the risk of its representatives engaging in bribery with foreign officials. In addition, the results are of interest to regulators, revealing that the underlying motivations driving a firm’s activities can significantly alter the factors to consider that might lead to an FCPA violation.
Originality/value
This paper is the original work of the authors and explores the determinants and consequences of FCPA violations and enforcement actions since 2002. To the best of the authors’ knowledge, it is the first to explore bribe determinants by their motive and documents industry-wide benefits arising from criminal enforcement.
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Nurazlina Abdul Raof, Norazlina Abdul Aziz, Nadia Omar and Wan Liza Md Amin @ Fahmy
The Malaysian Anti-Corruption Commission Act 2009 (MACC Act) has introduced Section 17 A, which holds companies and their management accountable for bribery committed by their…
Abstract
Purpose
The Malaysian Anti-Corruption Commission Act 2009 (MACC Act) has introduced Section 17 A, which holds companies and their management accountable for bribery committed by their Associated Persons in the interest of the company. This study aims to explore the evolving concept of Associated Persons and corporate liability within this legal framework. It delves into three primary legal models of Associated Persons, particularly focusing on corrupt cases falling under Sections 17 A (1), 17 A (6) and 17 A (7) of the MACC Act. The study also investigates the extent of Associated Persons’ involvement in these cases that eventually led to company liability.
Design/methodology/approach
The study deployed thematic and comparative analyses to assess the legal framework and highlight the significance of Section 17 A of the MACC Act.
Findings
The study disclosed that, despite having corruption policies, there is still a possibility for Associated Persons to engage in corrupt activities. To ensure long-term business sustainability, it is crucial to implement effective mechanisms and a strong compliance culture.
Originality/value
This study suggests implementing a due diligence checklist and conducting risk assessments for companies as measures against corruption caused by Associated Persons. Corporate entities and legal professionals may benefit from the reported findings to better comprehend the corruption offences outlined in Section 17 A of the MACC Act.
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Clinton Free, Stewart Jones and Marie-Soleil Tremblay
The purpose of this paper is to synthesize insights from the emerging work in accounting on greenwashing and sustainability assurance and propose an agenda for future research in…
Abstract
Purpose
The purpose of this paper is to synthesize insights from the emerging work in accounting on greenwashing and sustainability assurance and propose an agenda for future research in this area.
Design/methodology/approach
This article offers an original analysis of papers published on greenwashing and sustainability assurance research in the field of accounting. It adopts a systematic literature review and a narrative approach to analyse the dominant themes and key findings in this new and rapidly evolving field. From this overview, specific avenues for future research are identified.
Findings
In the past few years there has been a substantial spike in concern relating to greenwashing among academics, practitioners, regulators and society. This growing concern has only partly been reflected in the research literature. To date, research has primarily focused on: (1) the characteristics of firms adopting sustainability assurance, (2) the challenges facing sustainability auditors, (3) the development of appropriate assurance standards and regulations, and (4) capital market responses to greenwashing and sustainability auditing/assurance. Three key future research issues with respect to greenwashing are identified: (1) the future of standard-setter attempts to regulate greenwashing, (2) professional jockeying in sustainability reporting assurance, and (3) capital market opportunities and challenges relating to greenwashing and assurance.
Originality/value
Despite the profound economic and reputational impact of greenwashing and the rapid development of sustainability assurance services, research in accounting remains fragmented and emergent. This review identifies avenues offering considerable scope for inter-disciplinarity and bridging the divide between academia and practice.
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Issaka Ndekugri, Ana Karina Silverio and Jim Mason
States have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act…
Abstract
Purpose
States have intervened with legislation to improve cashflow within construction project supply chains. The operation of the UK’s Housing Grants, Construction and Regeneration Act 1996 leads to payment obligations stated either as a contract administrator’s certificate (or equivalent) or an adjudicator’s decision. The purpose of the intervention would be defeated unless there are speedy ways of transforming these pieces of paper into real money. The combination of the legislation, contractual provisions and insolvency law has produced a minefield of complexity concerning enforcement of payment obligations stated in these documents. Unfortunately, the knowledge and understanding required to navigate these complexities have been sorely lacking. The purpose of this paper is to plug this gap.
Design/methodology/approach
Legal research methods and case study approaches, using relevant court decisions as data, were adopted.
Findings
The enforcement method advised by the court is the summary judgment procedure provided under the Civil Procedure Rules. An overdue payment obligation, either under the terms of a construction contract or an adjudicator’s decision, amounts to a debt that can be the subject of insolvency proceedings. Although the insolvency enforcement method has been successfully used on some occasions, using it purely as a debt collection weapon would be inappropriate and likely to be punished by the court.
Originality/value
The paper contributes to knowledge in two ways: (i) it maps out the factual situations in which these payment challenges arise in language accessible to the construction industry’s professions; and (ii) comparative analysis of payment enforcement methods to aid decision-making by parties to construction industry contracts. It is relevant to the other common-law jurisdictions in which similar statutory interventions have been made.
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Xueqing Gan, Jianyao Jia, Yun Le, Tingting Liu and Yutong Xue
Relationship conflict between the owners and contractors is inevitable, which could induce negative consequences. Yet, the existing literature mostly focused on its direct effects…
Abstract
Purpose
Relationship conflict between the owners and contractors is inevitable, which could induce negative consequences. Yet, the existing literature mostly focused on its direct effects on project performance and ignored the process by which relationship conflict gradually deteriorates cooperation as well as corresponding managerial approaches. Given the fact that relationship conflict originates from interdependent tasks, the proposed theoretical model is intended to measure relational behavior as an instant outcome of relationship conflict, and explore the buffering role of contract enforcement approach.
Design/methodology/approach
This paper develops the conceptual model based on the literature review. Then the questionnaire survey was conducted. The dyadic data obtained from 168 Chinese construction project professionals were analyzed by the Partial Least squares Structural Equation Modeling (PLS-SEM) technique.
Findings
The results show that relational behavior partially mediates the link between relationship conflict and project performance. Besides, three types of contract enforcement approaches are found to differentially change the negative link between relationship conflict and relational behavior. Rigid contract enforcement can worsen the adverse effects of relationship conflict on relational behavior, whereas flexible contract enforcement can alleviate these negative effects. The level of mitigation hinges on whether compromising behaviors or obliging behaviors are chosen.
Originality/value
The study extends the knowledge of conflict theory and contract theory in the construction field. Based on the proposed conceptual model and PLS-SEM results, this study contributes to the understanding of relationship conflict’s consequences between the owners and contractors and enriches conflict management approaches in the construction field.
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Amanda Jane Davies, Antony Stephenson, Belinda Briggs and Douglas Allan
Literature and research are emerging in an effort to contribute to strategy development and implementation to address these challenges. Currently, there is no readily identified…
Abstract
Purpose
Literature and research are emerging in an effort to contribute to strategy development and implementation to address these challenges. Currently, there is no readily identified study that combines examination of both academic and grey (i.e. media, government, and non-government reports) literature in a recent time frame (2019–2023) focused specifically on identification of the factors that influence attrition and retention rates; or detailed studies that have evaluated the implementation of strategies to address these challenges within the law enforcement and policing employment field. The study presented in this article seeks to add to the body of knowledge informed by recent (2019–2023) literature and in parallel offer insight into the critical areas of influence to be considered by police and law enforcement decision-makers.
Design/methodology/approach
The study utilised the PRISMA-P concept for systematic reviews as a general guide for identifying appropriate literature which revealed a total of 37 academic peer-reviewed articles and 21 grey literature documents contributing to identification of five overarching areas influencing attrition and retention.
Findings
The study identified the following factors contributing to attrition and retention: Job satisfaction and organisational factors; Supervision; Work-life balance; Recruitment, Training and Officer expectations; Financial compensation and job alternatives. There are differences in factors between this study and previous studies, i.e. recruitment strategies related to officer expectations was identified as a contributing factor. These additional factors offer a further contribution to future policy and strategy deliberations and implementations to address the workforce levels within police agencies.
Research limitations/implications
Future research endeavours may include examining the outcomes of strategic endeavours addressing the five core influencing factors for retention of law enforcement and police officers.
Practical implications
The identification of these five factors drawn from the literature review offers potential direction/areas of concentration for law enforcement and policing agencies to direct their efforts in addressing retention and attrition of staff.
Originality/value
Currently, there is no readily identified study that (a) combines examination of both academic and grey (i.e. media, government and non-government reports) literature in a recent time frame (2019–2023) focused specifically on identification of the factors that influence attrition and retention rates; or detailed studies for addressing these challenges within the law enforcement and policing employment field. The study presented in this article seeks to address this gap in the literature and in parallel offer insight into the critical areas of influence to be considered by police and law enforcement decision-makers.
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This study aims at estimating the gender wage gap in Ecuador, and its evolution over the last decade and a half, exploring its heterogeneity through different working conditions…
Abstract
Purpose
This study aims at estimating the gender wage gap in Ecuador, and its evolution over the last decade and a half, exploring its heterogeneity through different working conditions (formal/informal, full employment/underemployment, short term/long term and tenure/no tenure) and workers personal characteristics (education level; age and children).
Design/methodology/approach
Propensity score matching (PSM) and coarsened exact matching (CEM) are used to examine the gender pay inequality of wage earners in Ecuador, using the National Employment, Unemployment and Underemployment Survey (ENEMDU) data set from 2007 to 2022.
Findings
Results show a persistent gender pay gap, evidencing a significant heterogeneity through the different dimensions taken into account, in terms of working conditions and workers personal characteristics. The evolution of the pay gap during the years analyzed hardly shows any reduction of differences in earnings between men and women; on the contrary, women exposure to precarious and unregulated jobs seems to be increasing wage inequality.
Practical implications
The results make the case for active policies oriented not only at containing the negative effects of the traditional division of labor within the family but also at improving labor law enforcement, mitigating informality and workers rapid turnover.
Originality/value
This study is one of the few that use matching techniques to study the gender wage gap and the first in Ecuador; the time span taken into account is larger than previous studies, allowing a medium-long run perspective across different economic phases.
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Kristina Marie Kokorelias, Anna Grosse, Dara Dillion, Joshua Wyman, Elsa Nana Nzepa, Meena Bhardwaj, Andrea Austen and Samir K. Sinha
This paper aims to provide an in-depth examination of culturally and linguistically diverse older adults’ perceptions of and experiences with the Toronto Police Service to inform…
Abstract
Purpose
This paper aims to provide an in-depth examination of culturally and linguistically diverse older adults’ perceptions of and experiences with the Toronto Police Service to inform the development of a training curriculum for police officers working with older persons.
Design/methodology/approach
A qualitative descriptive study using virtual focus groups with 26 older adults from Toronto was conducted.
Findings
Three main themes emerged: understanding intersectionality; the impact of police officer attitudes and biases; and the need for age-friendly policing. Although many older adults rely on police services to keep them safe, there is dissatisfaction with some aspects of how police interact with older adults, particularly from minority groups.
Originality/value
Participants were older adults from culturally, ethnically and linguistically diverse backgrounds who are not usually included in studies on improving police services.
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Ming Gao, Qiankun Gu, Shijun He and Dongmin Kong
Does the history of the bureaucratic system, along with the establishment of the Great Wall during the Ming and Qing dynasties (1368–1911), affect firm behavior across the…
Abstract
Purpose
Does the history of the bureaucratic system, along with the establishment of the Great Wall during the Ming and Qing dynasties (1368–1911), affect firm behavior across the borderlands of the Great Wall?
Design/methodology/approach
The Ming and Qing dynasties built a centralized administrative system in the borderlands on the south side of the Great Wall, in contrast to the “feudal lordship” system on the north side. Employing a regression discontinuity analysis framework with the Great Wall as a geographical discontinuity, we examine the long-run effects of the Great Wall on firms’ earnings management.
Findings
Using a large sample of nonlisted firms in the central core frontier region, we show that the earnings management of firms in the region south of the Great Wall is significantly curtailed compared with firms in the north of it, and this effect is more pronounced for non-SOEs. Our findings are robust to a battery of tests to account for alternative explanations.
Practical implications
Overall, by emphasizing the role of institutions, like legal system, shaped in history on firms’ earnings management, this study sheds new light on institutional determinants of firms’ behaviors in earnings information disclosure.
Originality/value
First, we enrich our understanding of the institutional determinants of firms’ financial reporting outcomes. Second, our findings shed new light on the long-term effects of historical ruling styles on modern corporate behavior.
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Brandon del Pozo, Saba Rouhani, M.H. Clark, Danielle Atkins, Barbara Andraka-Christou and Kaitlin F. Martins
The 2020 murder of George Floyd resulted in challenges to policing in the United States of America, but little is known about how police chiefs perceive them. At the same time…
Abstract
Purpose
The 2020 murder of George Floyd resulted in challenges to policing in the United States of America, but little is known about how police chiefs perceive them. At the same time, chiefs of police wield great influence over public perceptions of crime and disorder, the state of their profession, the laws and policies that govern the conduct of police officers and municipal public safety budgets. It is therefore critical to understand how police perceive the changes to their profession post-Floyd.
Design/methodology/approach
This study surveyed a randomly selected national sample of 276 municipal chiefs of police. Items probed resignations, recruitment, efforts to defund departments, community support, officer morale, suspects’ likelihood of obeying lawful orders and career risks that could inhibit proactive police work. It examined associations between perceptions and Census Bureau region, length of tenure as chief, size of police department, population served and the urban or rural designation of the jurisdiction.
Findings
Chiefs overwhelmingly reported recruiting qualified candidates had become much harder, and the present risks of proactive police work encourage inaction. Chiefs of agencies in the Northeast perceived more challenges than those in the South. Respondents with more years of experience were less likely to perceive the current situation as dire. Approximately 13.5% reported an attempt to defund their department, 56.8% of which yielded some success. Our study suggests an increase in the number and scope of challenges perceived by chiefs of police. Results vary by region and police chief years of experience.
Originality/value
This study provides researchers and practitioners with the perspectives of chiefs about the post-Floyd era that influence their decisions, policies and initiatives.
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