Author Archives: Richard Messick

Guest Post: Important New Developments in U.S. Anticorruption Efforts

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Today’s Guest Post is from Craig R. Arndt, a Yale-trained American lawyer living in Bangkok. During a lengthy career, he advised multinational clients on a range of corruption-related matters and has represented those injured by corruption in actions to recover damages.

Buried in year-end legislation arming America’s military, Congress created two new weapons to advance the global fight against corruption. Section 5101 of the 2024 National Defense Authorization Act makes it a federal crime for a foreign public official “to corruptly demand [or] receive” a bribe from any person or entity subject to the Foreign Corrupt Practices Act. Sections 5403 and 5404 require the Secretary of State to publish an annual report ranking countries in a “three-tiered system with respect to levels of corruption in their governments.”

Both are important, if perhaps controversial, developments in the global fight against corruption.

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Look it Up: Two Invaluable New References Books on Corruption

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The learning on corruption has exploded over the past two decades plus. Where once one scratched around for material on subjects like conflict of interest, the measurement of corruption, and whistleblower protection, a plethora of books, articles, reports, monographs, and, yes, even blog posts are available today on these and other once recondite topics. Great news for specialists and students. 

But bad news for those who aren’t. For policymakers, reporters, citizens, and other non-experts who need to know the basics about a corruption-related topic for a parliamentary debate, a story deadline or what-have-you but don’t have all day, or days, to read up on it.

Until recently they were at the mercy of an internet search engine. If they were lucky, one of the first entries that came up provided a useful summary of the learning. Or maybe it was misguided or out-of-date. Or, as now happens more frequently, maybe the search engine produced a hallucinogenic note, text generated by a large language model that sounds authoritative but the content of which is anything but.  

Now, thanks to two recent publications, the days of hoping a search engine or a LLM will provide a short, reliable introduction to a key corruption related concept are over.

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Victims of Corruption Focus of Today’s COSP Events

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Four events at today’s meeting of the Council of State Parties to the United Nations Convention Against Corruption put the damage corruption does to individuals and organizations front and center. The subject and starting hour (U.S. East Coast time) of each:

  • 9:00: Strategic Litigation: Advocacy Tool for Policy Change (details here)
  • 13:00: Victims of Corruption, New York Meeting Room (details here)
  • 16:00: Righting the wrong: Tools for Asset Recovery in Global Corruption Cases, New York Meeting Room
  • 18:00: A Victim-Centered Approach to Anticorruption Actions, Seattle Meeting Room (details here)

Among the highlights will be a review and discussion at Victims of Corruption session of StAR’s just published volume Victims of Corruption: Back for Payback. A heroic effort to bring together the diverse sources and approaches to compensating victims of corruption (to which I was honored to contribute), it represents a major step forward in focusing the attention of UNCAC states parties, jurists, and civil society activists on article 35, UNCAC’s most overlooked provision –

Each State Party shall take such measures as may be necessary, in accordance with principles of its domestic law, to ensure that entities or persons who have suffered damage as a result of an act of corruption have the right to initiate legal proceedings against those responsible for that damage in order to obtain compensation.

TI Senegal to IMF: Hold Our Government to its Anticorruption Commitments

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Last June the International Monetary Fund approved $1.8 billion in loans to Senegal to stave off a debt crisis. Funds were conditioned among other measures on the government’s promise to strengthen the fight against corruption, a condition the government accepted wholeheartedly and without reservation. Indeed, IMF Deputy Director Kenji Okamura assured the IMF board before voting the loan that the Senegalese government was serious about anticorruption reform, that it recognized it was “critical to the restoration of growth and fiscal stability” (here).

The government’s promises and Okamura’s assurances are now in doubt. Forum Civil, the Senegal chapter of Transparency International, reported in late October that the government has done virtually nothing to keep its promises.  

The Fund is not helpless in the face of the government’s broken promises. The loan funds are being disbursed in tranches; each tranche requires board approval and a meeting to okay the first tranche set for December. Moreover, four of the anticorruption reforms – enforcing the asset declaration system, strengthening the anticorruption agency and the prosecution, and tightening the civil service ethics code — are “structural benchmarks. That is, IMF procedures require the Board to assay progress on each before okaying a tranche.

In its October report, reprinted below, the Forum Civil documents the government’s failure to live up to its promises, lays out immediate steps it should take to demonstrate it intends to keep them, and urges the IMF, for the sake of the citizens of Senegal and their future, to hold the government to its commitments

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UNCAC Coalition to UNCAC State Parties: Ensure Corruption Victims Can Recover Damages

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As Carlos Guerrero explained here last week, corruption is anything but a victimless crime. Citizens are injured or killed when corruptly constructed buildings collapse on them. Others are denied the right to education, life saving medical treatment, and the fair resolution of their disputes thanks to bribery, embezzlement, and conflicts of interest.

The drafters of the United Nations Convention Against Corruption were not blind to the tremendous damage corruption does to identifiable persons or groups of persons. That is why they included a specific provision making it absolutely clear that all parties must grant victims of corruption an opportunity to seek compensation for any injuries sustained. In no uncertain terms article 35 requires state parties to open their courts to any individual or entity injured “as a result of an act of corruption.”

But UNCAC state parties have yet to take article 35 seriously. Academics, civil society organizations, and the UN Office on Drugs and Crime all report that only a few victims in a handful of states have recovered damages. In the vast majority of the 190 countries that have ratified the Convention, not a single person injured by corruption has been compensated for their loss.

The UNCAC Coalition‘s Working Groups, a global network of over 350 civil society organizations in 100 countries, is demanding change. The parties to UNCAC meet this December in Atlanta to review each other’s progress in complying with the convention. Below is the Coalition’s letter to them urging that compliance with article 35 by all 190 be a priority.

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Guest Post: Forcing States to Grant Corruption Victims Legal Standing

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Today’s guest post is by Carlos G. Guerrero Orozco, a Mexican litigation lawyer and partner at López Melih y Estrada Abogados. He chairs the non-profit Derechos Humanos y Litigio Estratégico Mexicano and heads the International Database Taskforce at the Working Group on Victims of Corruption of the UNCAC Coalition.

Corruption is what social scientists call a “wicked problem,” one extraordinarily difficult to solve because of its complex and interconnected nature. Governments thus need all the help they can muster to tackle it. But too many sideline a critical ally, those harmed by corruption.

Corruption’s victims are many and their injuries diverse. Journalists threatened, and too frequently murdered, for revealing corrupt schemes. Whistleblowers attacked for denouncing corruption. Citizens injured or killed when corruptly constructed buildings collapse; those denied access to education, health care, and fair courts thanks to bribery, embezzlement, and other corruption crimes.

All are victims and all have real claims for damages and strong incentives for joining with governments to fight corruption.

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Lankan Civil Society and IMF Staff: Allies in Sri Lanka’s Fight Against Corruption

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Sri Lanka is recovering from one the worst bouts of kleptocratic rule in modern times. That recovery crucially depends of course on ending its rulers’ wholesale theft of the nation’s resources, an effort where the International Monetary Fund staff and Sri Lankan civil society have wittingly or unwittingly joined forces.

The alliance has Its roots in events of 2022. That spring citizens had had enough. With the economy cratering and poverty skyrocketing, they joined to force the latest in a string of kleptocrats from office (pictured here). That summer the replacement government pledged to fight corruption. That fall IMF staff recommended approval of a $2.9 billion loan to help the country dig out of the hole corruption dug.

Sri Lanka’s corruption was so blatant, and the link between it and the economy’s free fall so clear that IMF’s staff insisted that in return for the loan the government promise to enact a program “reducing corruption vulnerabilities through improving fiscal transparency and public financial management, introducing a stronger anti-corruption legal framework, and conducting an in-depth governance diagnostic, supported by IMF technical assistance.”   

One year on, as the IMF board considers whether to release a second tranche of the loan, that promise remains unfulfilled.  The evidence is in two reports released in September, one by Sri Lankan civil society (here) and the other by the IMF staff (here). Both chronicle the government’s numerous failures to implement promised reforms. Both point the same underlying problem: the impunity high level officials continue to enjoy.

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U.S. Prosecutors Newest Addition to Their Anticorruption Toolkit

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For more than three decades the U.S. Justice Department has sought ways to pressure American corporations to police their executives, employees, and consultants. To see that they take measures to see those they employ don’t pay bribes, rig prices, or commit other crimes. Shown above is pictorial representation of its latest tool.

It shows a crab gripping a stack of hundred dollar bills with its claw. That is precisely what the Justice Department expects a corporation to do if it discovers someone in its employ has paid a bribe, fixed a price, or committed another serious crime to advance the corporation’s interest. The company is to clawback monies paid the miscreant.

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Inside the Corruption Hunters Network

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Pursuing powerful officials for corruption is a lonely, often dangerous business. Presidents, ministers, and others at the apex of government don’t take nicely to being investigated, especially when they have come to believe that their office comes with a grant of impunity.  

Thanks to former French magistrate Eva Joly, whose pursuit of corruption among the French elite subjected her to ugly smear campaigns and threats to her safety, and the Norwegian Agency for Development Cooperation, a safe space has been opened for those on the trail of grand corruption. At Eva’s instance, Norad sponsors twice a year conferences where those on the hunt for high-level corruption meet to share stories, trade tips, and, most importantly, remind each other why what they are doing is worth the personal price they are paying.

Just how much the Corruption Hunters Network has contributed to the fight against corruption will never be known. But in a special edition on her podcast series, French lawyer and anticorruption activist Sophie Lemaître gives us a hint. In interviews, members explain how the Network has not only advanced work on individual cases but what being a part of a group with a common cause has meant to them both personally and professionally. (Other material on the Network here, here, and here.)

Mozambique Government Announcement of Settlement of Hidden Debt Claims Against UBS

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Mozambique’s citizens are the victim of likely the most egregious corruption scandal of the 21st century. As explained on GAB and numerous media accounts (here, here, here, and here), employees of Swiss banking giant Credit Suisse together with Mozambique government officials, and Middle East ship-building company Privinvest put the country’s government on the hook for $2.2 billion in loans for projects of little or no value. Citizens of one of the word’s poorest nations are now stuck repaying them.

Some of the only good news to come out of this enormous crime was the Mozambique’s government decision to bring suit against Credit Suisse, Privinvest, and some of the other perpetrators in London (complaint here). A favorable judgment could not only result in cancelling the debt but an award of damages. Damages because of the enormous hit the Mozambique economy took when the loans, hidden because they were taken out in violation of an IMF bailout loan, were finally revealed.

Earlier today the Mozambique government announced it had settled with UBS, which assumed Credit Suisse’s liability when it took the bank over. On its face, the settlement appears to be a very good deal for UBS. Whether it is a good one for the citizens of Mozambique remains to be seen.

Mozambique’s Prosecutor General disclosed some of the terms in a press conference earlier today in Maputo. According to an on-scene report,

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