Corruption: The New Corporate Challenge

ISBN-13: 9780230298439 / Angielski / Twarda / 2011 / 295 str.

Nick Kochan

Opis

The dangers of involvement in corruption need to be embedded in corporate strategy. Companies' response to these dangers must also be reflected intheir practices, particularly if operating outside its own borders. This book guides managers through the complexity of bribery issues with advice on how to implement anti-corruption strategies."

Recenzje

'This is a well-written deeply thought out book. The authors display a great familiarity with the subject and with the issues and have written an informative and broad-based description of large scale corruption in modern commerce and the efforts to combat it.' John W. Moscow, Partner, Baker Hostetler

'The Bribery Act 2010 will revolutionise the law of England and Wales in relation to bribery and corruption. It will set new standards for businesses operating both in the UK and overseas and pose serious challenges which must be faced or risk a criminal prosecution. This book is a comprehensive guide through the new legislation, putting it in context and giving practical advice to people in business and those that advise them. The key to avoiding problems is to have in place 'adequate procedures'; this book contains all that corporates need to know to meet the new requirements and to deal with law enforcement if the worst happens. This is the first book of its kind and should be the first port of call for all corporates large and small and wherever they conduct business.' Rosalind Wright, Director, Serious Fraud Office, 1997 2003

'Anyone concerned about the actualities of risk, whether in terms of exposure to the harm that bribery causes or perhaps more significantly in terms of management, to the legal, regulatory and reputational risks that arise as a result of non-compliance, will find this work of real and practical assistance. The authors present a dynamic discussion of corruption viewed from several perspectives, including that of the corporate world and those engaged in enforcement. The issues are complex and often defy the simple solutions proffered by more simplistic commentators. This work not only informs but provides much needed guidance and a good bit of practical advice.' Professor Barry Rider, Counsel, BryanCave

'Coming on the heels of the enactment of the UK Bribery Act, Nick Kochan and Robin Goodyear have provided a timely and needed contribution to the growing field of corruption studies. This treatise is an essential resource for anyone seeking to understand

not only how to comply with the UK Bribery Act, the FCPA, or other anticorruption laws, but also why governments have turned anticorruption enforcement from an enforcement backwater into the biggest risk-management concern of any multinational

concern.' Gregory Husisian, Counsel, Foley & Lardner LLP

Spis treści

List of figures and table Preface: a time to act on corruption Acknowledgments Foreword from Richard Alderman, Director, UK Serious Fraud Office Introduction: Corruption and bribery: the global context Part I: Threats 1 The threats: Economic, social, and political effects of corruption and bribery Part II: Law 2 The global legal context 3 British bribery legislation: How the UK Bribery Act came about 4 The UK Bribery Act – Britain's new legal landscape Part III: Corporate response 5 The geographic factor 6 The sectoral factor 7 Third party risk and corporate exposure: How can the company get involved, and why? 8 Spotting, stopping, and combating corporate Corruption 9 Who would be a director? Directors' liability Part IV: The law enforcement response 10 Forces fighting bribery 11 Global efforts: battling against the chain of corruption 12 Curbing bribery and the way forward: anti-bribery processes, for companies, police, and the courts Conclusion: bribery and corruption, the unfinished business Appendices: 1 Case study: phone hacking and corruption 2 Interview with Richard Alderman, June 27, 2011 3 Maplecroft's Business Integrity and Corruption Index 2011 Notes Index

O autorze

Nick Kochan is a leading British authority on corruption and white collar crime. He has provided an independent viewpoint on the global growth in organized crime for some 25 years. His most recent book, The Washing Machine, is an important overview of money laundering in a global context. Kochan has established connections at the highest levels of government, law enforcement, the judiciary and the financial sector in many developed and developing countries. Kochan has lectured on corruption to the Oxford University Department of Criminology as well as to UK government agencies. He is the author of books on a number of important cases of economic crime, such as The Guinness Affair (1987) and The Bank of Credit and Commerce International (1991). His biography of Gordon Brown, the former British prime minister, was well received. Kochan is an independent journalist and writes for many publications, including the Financial Times, the Observer, the Daily Telegraph and Euromoney magazine. Nick Kochan, who was educated at the University of Cambridge, appears regularly as a commentator on BBC television, radio and other media.

Robin Goodyear is a political researcher and analyst. He holds a BSc in Politics and International Relations from the University of Southampton, an MSc in Countering Organised Crime and Terrorism from University College London and is a member of its Institute for Risk & Disaster Reduction. Goodyear's research interests are diverse and include geopolitics, public and private sector
responses to crime and terrorism, strategic intelligence and the future of conflict. Most recently he has focused on current and future threats to national and international security facilitated by the globalization of corruption, and investigated how associated risks can be mitigated. Robin is particularly interested in the impact of bribery beyond its immediate economic effects and the relationship between cultures of corruption and various forms of extremism.