Category Archives: Commentary

EU Anticorruption Policy and Due Process: An Inconsistent Approach?

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Advocates have been pushing for a European Union version of the Magnitsky Act for a number of years now (see, for example, here and here). Such legislation for targeted sanctions (including visa restrictions and asset freezes) against alleged human rights abusers in Russia would be much more powerful in Europe than it is in the U.S. Yet, despite support from some member states, proposals in the European Parliament have met with opposition. Much of the concern is, doubtless, geopolitical. Dependent upon Russia for oil, the EU is likely loath to instigate retaliation from its imposing neighbor (as the Magnitsky Act has). Yet, as a previous post on this blog has argued, the EU also objects to the US approach on more principled grounds: namely, the Magnitsky Act runs afoul of due process and presumption of innocence principles in the EU Charter on Fundamental Rights and the European Convention on Human Rights. However, while the EU is busy debating what the right hand should do with respect to targeted sanctions, it may have ignored the left hand’s effect on due process in anticorruption enforcement, as in reflected other areas of EU efforts against graft.

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Borrowing Integrity in the United States: Federal Prosecution of State and Local Corruption

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In recent posts I described how developing nations bedeviled by endemic corruption have “borrowed” integrity by contracting out the inspection of imports, the management of public finances, and even the investigation of grand corruption cases to private firms or international agencies.  But it is not just poorer countries where corruption is so ingrained that government must turn to outsiders for help.  The leaders of Mississippi, New York, Louisiana, the City of Chicago, and other state, county, and municipal governments have done so as well.  History and politics have created conditions in these jurisdictions where local officials have been unable to effectively control bribery, nepotism, bid rigging, and other corruption crimes.  Either the police won’t investigate or the prosecutors won’t charge or the courts won’t convict.

Beginning in the nineteen seventies, governors, mayors, and other local officials have either sought, or acquiesced in, help from the federal government.  Agents of the Federal Bureau of Investigation examine allegations of corruption by state and local public servants; the United States Attorney for the region, a Presidential appointee, prosecutes the cases developed by the FBI, and the cases are tried in a federal district court presided over by a judge named by a President.  Although the U.S. Attorney and the judge may have ties to the area where the case has arisen, neither they nor the FBI agents, nor the assistant prosecutors that actually handle the cases, are beholden to local interests.  Not only are they free to pursue cases whatever the local political implications, they often win kudos from their superiors in Washington for nailing a corrupt local official.

Federalizing the investigation and prosecution of state and local corruption has not been without its critics, however, though the criticism has died away for a quintessential American reason. Continue reading →

Beyond Atlanta: Fixing Corruption in High Stakes Standardized Testing

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Although corruption in educational systems is viewed as a pervasive problem in developing countries, wealthy countries have had their fair share of educational corruption as well. In the United States, for example, the harsh prison sentences in the recent cheating scandal in the Atlanta school system cheating received extensive news coverage this past spring. While it’s true that what happened in Atlanta was particularly wide-spread, involving 44 separate schools (and dozens of principals and hundreds of teachers), this is hardly the first time a significant teacher or administration-driven cheating scandal has come to light. In the last few years, teachers and principals have been caught cheating all over the United States: twenty teachers in Houston were removed from the classroom for cheating on elementary school tests while in Philadelphia, there was a multi-year investigation that involved 138 educators in 27 schools. The National Center for Fair and Open Testing claims that in the last five years, there have been reports of standardized exam cheating in 37 states and the District of Columbia. They have catalogued over fifty different ways that educators helped their students cheat. And although anticorruption efforts in education frequently revolve around the exchange of money or sometimes sex for grades, the sort of cheating involved in these scandals is also a form of educational corruption. Alteration of student tests, even when the students themselves may not benefit from it, is a perversion of the system and a way for teachers and principals to put themselves in line for undeserved awards, given that many educational systems in the U.S. now operate under a high-stakes testing regime in which student performance has a significant impact on teacher and principal evaluations.

Indeed, it is clear that we are not dealing with a few corrupt “bad apples,” but rather with a widespread pattern of teacher and principal corruption. A significant contributor to this problem is the high-stakes testing system described above, which gives teachers and principals to manipulate test results for their own material benefit. Fortunately, there are a few fairly simple steps that would eliminate most of the opportunities for this sort of corruption:

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Singapore and Hong Kong Are Small. So What?

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In my last post, I suggested some reasons why Singapore’s squeaky-clean reputation might not be entirely justified. But nothing I said in that post was meant to deny or disparage Singapore’s extraordinary success in fighting many of the most pervasive and destructive forms of corruption. Indeed, in this post I want to emphasize just how remarkably Singapore—and its fellow Asian city-state Hong Kong—have been in fighting corruption by addressing one of the most common observations raised by those who would either minimize the significance of this achievement, or raise doubts about whether other countries can profitably learn from Singapore and Hong Kong’s experience.

I’m sure many of us who work on international corruption issues have heard something like this from time to time: Whenever we look for success stories or models, someone usually brings up Hong Kong and Singapore as examples of how it is possible, with the right combination of policies and leadership, to get even massive corruption under control within the space of a generation. But, almost as invariably, we hear the skeptical response: “We can’t really learn all that much from Singapore and Hong Kong,” our skeptic intones, “because those are small city-states.”

Now, the skeptics may be right. But what’s always struck me as odd about this exchange (which I’ve heard many times, in one form or another) is that those offering this skeptical view seem to be implicitly assuming that it’s easier to combat corruption in a small city-state than it is in a large country, but they rarely explain why this is true. And at least to me, the case hardly seems self-evident. I’m not saying it’s wrong, but it certainly requires more critical scrutiny than it usually receives. Continue reading →

Sharing Responsibility for Managing the Public Fisc: Another Way to Borrow Integrity

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In two recent posts I wrote about innovative ways to “borrow” or “outsource” integrity.  In Guatemala, the government has delegated responsibility for investigating corruption allegations implicating senior political and military leaders to an independent agency accountable to the United Nations Secretary General.  In a number of countries, governments have hired private firms to oversee the assessment of import duties and fees.  Today’s post describes a third variation on the borrowing or outsourcing of integrity: sharing authority over a government’s spending and revenue collection decisions with an international adviser.

This was the core of the Governance and Economic Management Assistance Program, an initiative the international community “persuaded” Liberia’s government to adopt in September 2005.  And the results were immediate and dramatic.  Revenue collection jumped by 75 percent and travel expenses fell by 65 percent in the program’s first year.  Although the program was a response to the rampant corruption plaguing Liberia in the aftermath of a brutal and long-running civil war, it could be easily adopted by any nation committed to dislodging deeply entrenched corruption in a ministry, agency or state-owned enterprise.

The way it worked in Liberia was like this: Continue reading →

Facebook Fever is Not Enough: The Role of Social Media in the Philippines

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The Philippines, long mired in corruption, appears to have made progress on this front in recent years. While the current administration’s anticorruption efforts may have contributed to this progress, some commentators have suggested that social media might actually be playing a bigger role in the decline of graft in the country. Indeed, there are some dramatic examples of social media playing a role in the fight against corruption. For instance, as details of a major scheme involving misappropriation of public money began to surface in 2013, social media platforms exploded with photos and videos pulled from the Instagram and Facebook account of Jeane Napoles, whose mother, Janet, had orchestrated the scheme. Filipinos were shocked and appalled by all that ill-gotten wealth could buy—private planes, expensive handbags, multi-million dollar apartments, and even a new car detailed with an Hermes leather exterior (yes, exterior). Even after these accounts were taken down, photos of the Napoles’ lavish lifestyle continued to circulate. These images made people far more aggressive in condemning the actions of those involved, and even inspired the Million People March, when protestors called for complete elimination of the fund used in the scheme. More recently, Facebook posts about sightings of the younger Napoles helped the media to discover that Jeane, who fled the country in 2013, had in fact returned. She has since been charged with tax evasion.

This is encouraging, and no doubt social media platforms can be useful in the fight against corruption. Nonetheless, I’m cautious about overstating the long-term impact that social media might have on corruption in the Philippines. After all, the Philippines has had an active free press for decades, and past administrations have frequently been challenged by civilian participation and condemnation of corrupt practices. Can we really rely on social media to effect lasting change? Continue reading →

Does Singapore Deserve Its Squeaky-Clean Reputation?

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With the passing of Singapore’s former Prime Minister and elder statesman Lee Kwan Yew last March, there has been a lot of discussion and reflection on his legacy. One aspect of that legacy that has been much celebrated, even among his detractors, has been Singapore’s success in reducing corruption. Indeed, in virtually every international survey or ranking of countries’ corruption levels, Singapore comes out very well. In Transparency International’s 2014 Corruption Perceptions Index (CPI) rankings, for example, Singapore scores 84 out of 100, perceived as the 7th-least corrupt country in the world, and the least corrupt in the Asia. In TI’s most recent Bribe Payers Index (BPI), from 2011, which ranks exporting countries according to their firms’ perceived propensity to pay bribes abroad, Singapore scores 8.3/10, ranked 8th out of 28 countries (in a tie with the United Kingdom). And the Financial Action Task Force (FATF) 2012 evaluation of Singapore’s anti-money laundering system gave the country generally high marks (though with some areas of concern). Singapore is widely touted as a major anticorruption success story (see, for instance, the laudatory introduction to this New Yorker piece) and a model for other countries to follow.

But is this squeaky-clean reputation fully justified? It seems true enough that, from the perspective of the average citizen or firm (whether domestic or foreign), bribery and other forms of petty corruption are relatively uncommon (though not unheard of) in Singapore. And although there have been a number of embarrassing corruption scandals in Singapore in recent years — including the former head of Singapore’s Corrupt Practices Investigations Bureau (the CPIB) embezzling funds from the agency and a former senior police official dismissed for receiving sexual favors in return for influencing government procurement decisions — all countries have incidents of this sort, and in Singapore they seem rather less frequent and less egregious than most other countries, particularly in Asia. Yet I’ve heard many experts on corruption in the Asia-Pacific region grumble–usually off the record–that Singapore is not nearly as “clean” as its reputation suggests.

There are two major complaints about serious corruption in Singapore: Continue reading →

President Xi Hunts Big Prey the Boa Constrictor Way

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Something remarkable is happening in China. It’s not just that tens of thousands of officials have been caught in President Xi Jinping’s corruption dragnet, or that the crackdown continues unabated even though contributors to this blog and former Chinese Presidents alike have long wondered, “surely this can’t go on much longer?” Instead, I’m talking about how President Xi is using his anticorruption program to slowly and methodically take down Zhou Yongkang, the “most powerful man in China.”

The targeting of Mr. Zhou is at once both extraordinary and routine. On the one hand, his downfall is more about politics than corruption, retribution for backing the wrong man in the transition that catapulted Mr. Xi to power in 2012. On the other, the purging of rivals is seemingly a rite of passage for Chinese leaders; Mao did it aplenty in the 1950s and Presidents Hu Jintao and Jiang Zemin “each engineered a high-profile sacking of a political rival (Shanghai boss Chen Liang and Beijing boss Chen Xitong, respectively).” But even then, there’s something different about Zhou’s fall from power — he’s not a provincial party chief, he’s a former member of the almighty Politburo Standing Committee, the former head of China’s feared domestic security services, and the biggest “tiger” yet targeted by President Xi.

And it’s that realization — that Zhou’s fall is momentous — that raises the most interesting question in this dramatic collision of corruption and politics: How did a President, who came to power without a solid independent base within the factionalized Communist Party, manage in just three years to take down the “most powerful man in China”? The answer lies in an intuitive but methodically executed four-step plan developed by President Xi and his Central Commission for Discipline Inspection. In the hope of shedding some light on how other nations might similarly take down the simultaneously corrupt and dangerously powerful without undermining political stability, let’s examine how President Xi has slowly choked off Mr. Zhou’s power.

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Outsourcing Customs Inspections: Integrity for Hire

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Last week I described Guatemala’s innovative approach to attacking grand corruption.  Rather than relying on domestic agencies, whose personnel may either be bought off or scared off a case, Guatemala has turned over responsibility for investigating massive theft by senior civilian and military leaders to an agency headed by an appointee of the U.N. Secretary General.  Accountable not to the Guatemalan government but to the United Nations, the Commission Against Impunity, at it is called, develops cases of grand corruption and then works with the Guatemalan Attorney General to see the accused individuals are prosecuted.  What the government of Guatemala has in effect done is outsource the investigation of allegations of grand corruption to a third-party. While countries where grand corruption is deeply ingrained would do well to adopt their own version of an impunity commission, the political obstacles to do so are steep – beginning with the fact that many of those likely to a target of the third-party would have to agree to its creation.

There are other, less controversial ways the outsourcing solution can be employed to tackle corruption.  One that deserves far more attention than it has received is to hire a private firm to inject a dose of integrity into the processing of imported goods.  Continue reading →