By Nicholas Lord
This e-book is ready the law of organizations that use bribery in foreign trade to win or preserve in a foreign country enterprise contracts and pursuits. fresh large-scale circumstances related to multinational firms reveal how huge advertisement 'non-criminal' organizations are being implicated in substantive abroad bribery scandals and illustrate the problems confronted via accountable enforcement gurus within the united kingdom and Germany.The e-book imports techniques from legislation thought to assist our knowing of the rising enforcement, self-regulatory and hybrid responses to transnational company bribery. Lord implements a qualitative, comparative study process regarding semi-structured interviews, player commentary and rfile research to supply empirical insights into this rather invisible sector of criminological interest.Despite major cultural ameliorations among the jurisdictions, this publication argues that united kingdom and German anti-corruption experts face procedural, evidential, criminal, monetary and structural problems which are resulting in convergence in prosecution rules. even though self-regulatory and hybrid mechanisms are assisting the reaction and gaining a few point of rules, the default place is certainly one of lodging via nation firms, even the place the need to implement the legislation is excessive. This booklet is key studying for teachers and scholars studying company and white-collar crimes and the idea that of law extra in most cases, in addition to legislations enforcement organizations and overseas and intergovernmental corporations all for anti-corruption.
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Additional info for Regulating Corporate Bribery in International Business: Anti-Corruption in the UK and Germany
The problem of transnational corporate bribery penetrates much of society, at the micro-, meso- and macro-levels, and creates difficulties for the control agencies responsible for investigation and prosecution. For example, how can a German prosecutor investigate the impacts of a bribe given by a German company to a state official in a small African town to maintain a business contract? How can a UK regulator follow the ‘cash-flow’ of a bribe that was sent to the receiver via multiple international bank accounts and ‘shell-firms’?
Each country has its own laws and regulations aimed at tackling corporate bribery and corruption and the country-specific legal situations in the UK and Germany are discussed in Chapter 4. Generally speaking, however, bribery has been defined in terms of: The offering, promising, giving, accepting or soliciting of an advantage as an inducement for an action which is illegal, unethical or a breach of trust. ) (TI, 2009b: 5). So defined, bribery poses difficulties for state agencies given these agencies and actors are largely concerned with illegal acts, as opposed to ‘unethical’ acts.
That is of course the maximum penalty by law (German Prosecutor Interview 211). As this quote indicates, in Germany corporations can receive no criminal prosecution but a maximum administrative fine of €1m. Unlimited profits can be confiscated, however. The issue of whether a lack of corporate criminal liability impacts upon the regulation of transnational corporate bribery is therefore significant. For example, a lack of criminal law threat may impact on the level of cooperation of corporations and this lack of criminal law may in itself have a significant symbolic meaning.