Category Archives: Commentary

Nigeria’s Former First Lady: Stop Attacking Me for Gifts I Received

Posted on by
4

Ex-Nigerian First Lady Patience Jonathan’s patience is being tested by a campaign of calumny being waged against her.  Since her husband left office in 2015 she has been under constant attack merely because she recieved some small gifts from friends and well-wishers while her husband served in government.   The Nigerian NGO Socio-Economic Rights and Accountability Project is trying to force the authorities to open a criminal case against her and the Economic and Financial Crimes Commission, Nigeria’s anticorruption agency, wants to seize the gifts.

It is easy to see why the attacks are testing Patience’s patience.  The gifts were all small, some as little as $800, and altogether they total just $15 million.  Moreover, as she has repeatedly explained, she had nothing to do with the money being deposited into bank accounts in someone else’s name.  An assistant did that without telling her, and in any event why does it matter?  She was the only one authorized to write checks on the account.

Thankfully for the former first lady, members of the Union of Niger Delta Youth Organisation for Equity, Justice and Good Governance have come to her defense.  In a complaint filed in early October for themselves and Mrs. Jonathan the group asked the Federal High Court in Lagos to enjoin the NGO SERAP from “taking any further steps in further vilification, condemnation and conviction of the Former First Lady Mrs Dame Patience Jonathan . . . and in the use of the judicial process for that purpose by the extremely publicized pursuit of any application for the coercion of the Attorney General of the Federation to prosecute the Plaintiff/Applicant for owning legitimate private property . . . .”  The group’s complaint seeking the injunction against SERPA goes on to detail just how unjust the criticism of Dame Patience is – Continue reading →

The Walmart FCPA Investigation Revisited (Again): Some Musings and Speculations on the Most Recent Reports

Posted on by
1

Earlier this month, there was yet another intriguing story about new developments in the US government’s investigation into possible Foreign Corrupt Practices Act (FCPA) violations by the Walmart’s foreign operations. The Walmart case is probably the most high-profile (and controversial) FCPA case of the last decade, and the reports suggest that it may finally be lurching toward a conclusion, though the recent story raises as many questions than it answers.

Before proceeding to the most recent developments, here’s a quick, and admittedly oversimplified, recap: In 2005, Walmart received a report from a disgruntled former employee that its Mexican subsidiary had engaged in an extensive bribery scheme to pay off government officials to speed the opening of new stores. After internal investigation, however, Walmart’s executives decided in 2006 not to take meaningful action or disclose the apparent FCPA violations to the US government. In 2011, Walmart’s new general counsel initiated a review of Walmart’s anticorruption compliance worldwide; this audit revealed evidence of significant problems in several countries, including Mexico, China, Brazil, and India. Around the same time, Walmart learned that reporters from the New York Times were conducting an extensive investigation into bribery allegations involving Walmart’s Mexico operations. In attempt to get out in front of the story, in December 2011 Walmart disclosed to the DOJ and SEC potential FCPA problems in its Mexican subsidiary, but indicated that the problems were limited to a handful of discrete cases. In April and December 2012, the New York Times published two lengthy articles (here and here) detailing extensive bribery by Walmart’s Mexican subsidiary, orchestrated by the subsidiary’s CEO and general counsel—allegations that went far beyond the isolated incidents Walmart had disclosed the previous year. Since then, the DOJ and SEC investigation into Walmart’s alleged FCPA violations—not only in Mexico, but in other foreign subsidiaries as well—has been ongoing.

There have been quite a few twists and turns in the story. Perhaps the most dramatic was the Wall Street Journal’s surprising report, from almost exactly one year ago. The highlights from that report included the claims (from “people familiar with the probe”) that (1)the investigation was nearly complete (and, by implication, the case would be resolved soon); (2) the US government’s investigation had found “few signs of major misconduct in Mexico”; and (3) although the investigation had uncovered evidence of “widespread but relatively small payments” in India, the Walmart case turned out to be “a much smaller case than investigators first expected” that “wouldn’t be likely to result in any sizeable penalty.”

The first of those three claims has been refuted by the passage of time—it’s more than a year after the WSJ story, and the case has still not been resolved. The latter two claims are flatly contradicted by the more recent report published by Bloomberg (also based on anonymous “people familiar with the matter”). According to the Bloomberg report: Continue reading →

Asking Too Much: Why Regional Human Rights Courts Cannot Tackle Corruption

Posted on by
8

Should regional human rights courts, such as the Inter-American Court of Human Rights (IACHR) and the European Court of Human Rights (ECHR), expand their mandates to explicitly address corruption? Commentators have explored the possibilities of incorporating corruption into the human rights framework (see here and here), and in a previous post, Kaitlin Beach specifically explored the benefits of utilizing regional human rights courts to address corruption (see here and here). Kaitlin emphasizes certain advantages that regional human rights courts have, mainly their flexibility in the types of reparations they can demand. This enables them to order structural anticorruption changes at the state level, as opposed to simply issuing individual indictments.

Despite these advantages, though, we should not get our hopes too high about the role these courts can play in the fight against corruption. Indeed, the IACHR – which Kaitlin points to as her lead example for the productive role that regional human rights bodies can play in combating corruption – is currently burdened by its lack of compliance mechanisms, inefficiency, and financial instability. These setbacks have caused the IACHR to have only limited success in combating human rights abuses. To expect an institution that is still struggling to fulfill its original mandate to also take on an additional mission is unrealistic, and adding this additional burden would further strain the limited resources that courts like the IACHR have available to remedy human rights abuses.

Consider the following limitations of the IACHR, which are characteristic of other regional human rights bodies as well, and which make it unlikely that these institutions will be able to do what some anticorruption advocates hope: Continue reading →

Why Did the U.S. Fail to Fight Corruption in Afghanistan Effectively?

Posted on by
11

The war in Afghanistan is already the longest conflict in United States history. Over the past fifteen years, the U.S. government has poured over $100 billion into the reconstruction effort—more than the Marshall Plan. In spite of this massive public investment, Afghanistan’s government is weak, its economy is moribund, and the Taliban remains an active threat in the region. Contributing to all of those problems is persistent, systemic corruption. This problem was highlighted recently by a report from the Special Inspector General for Afghanistan Reconstruction (SIGAR), which  served as a harsh reminder not only that corruption in Afghanistan remains is daunting problem despite years of the reconstruction effort, but also that the U.S. has failed to address the problem, and has sometimes made it even worse. According to the SIGAR report, the U.S. failed to grasp the importance of combating corruption as part of a broader effort to improve security and stability, with policymakers and military leaders instead viewing anticorruption as a competing goal that had to be traded off against the seemingly more pressing security goals.

The SIGAR report is valuable in many ways, and its emphasis on viewing anticorruption and security as complementary rather than competing goals is welcome. (This corruption-insecurity link, and its relative neglect, have been emphasized by many other outside critics as well, most recently and prominently Sarah Chayes, who has argued that when government breaks down under the weight of corruption, people in those countries are pushed towards radicalization.) But the SIGAR report’s suggestion that the U.S. failed to adequately confront corruption in Afghanistan because leaders failed (until recently) to grasp this complementarity is not quite right.  Continue reading →

Another Essential Web Site for Anticorruption Professionals

Posted on by
3

Last month I urged those whose investigate or prosecute corruption cases for a living to peruse and bookmark Guide to Combating Corruption & Fraud in Development Projects, an invaluable web page developed by the International Anticorruption Resource Center.  Today I recommend anticorruption professionals do the same for CAMPUS, an e-learning site developed by the Basel Institute’s International Centre for Asset Recovery.

CAMPUS currently contains four courses with more promised.  The four now available teach the user to: 1) use Excel to analyze financial records, 2) devise graphics to visualize cases and money flows, 3) show an individual is living beyond his or her means, and 4) analyze suspicious transaction reports.  Even those who are computer-challenged will find the courses easy to navigate. I have completed two and am working my way through the other two and have never had a better experience with an online course.  The substance of each is first-rate, and as with the Anticorruption Resource Center’s Guide, even veteran investigators and prosecutors will benefit from taking the courses.  Perhaps best of all, unlike many online courses computerization enhances rather than detracts from the learning experience. Take the course on using Excel to analyze financial records. Continue reading →

TI’s “Declaration Against Corruption” — A Plug and a Question

Posted on by
16

Last week, I got an email alert from Transparency International asking me to sign (and publicize) TI’s new “Declaration Against Corruption.” The declaration is short and sweet:

I will not pay bribes
I will not seek bribes
I will work with others to campaign against corruption
I will speak out against corruption and report on abuse
I will only support candidates for public office who say no to corruption and demonstrate transparency, integrity and accountability

On reading the declaration, I had two thoughts. The first thought was, “Yes, of course I agree with all that, I’m happy to add my name to the list” (which I did). I’m also happy to use this blog post in part to help publicize the declaration in case some of you out there haven’t already heard about this and would like to sign on as well.

My second thought, though, was along the lines of “What’s the point?”

I ask that question with all due respect to TI. I want to pose this as a substantive, serious question about anticorruption campaign strategy: What is a “Declaration Against Corruption” like this supposed to accomplish? It certainly doesn’t do any harm, but what good do TI and other anticorruption campaigners think will come of this?

I have a few hypotheses about why one might think that calling on as many people as possible to sign onto a Declaration Against Corruption might be a useful and meaningful (as opposed to symbolic but ultimately trivial) element of an anticorruption campaign: Continue reading →

Why Not Citizen Suits for Corrupt Procurements?

Posted on by
7

Beginning from the simple and indisputable premise that those harmed by corruption should be able to do something about it, Professor Abiola Makinwa of the Hague University of Applied Sciences develops a novel approach to attacking the ubiquitous problem of corruption in public procurement.  To appreciate it, take an example.  Suppose government awards a contract to a company to build a road so farmers in the region can more easily and cheaply bring their products to market.  Suppose further that thanks to corruption the road is either never built or it quickly becomes impassable.  Who suffers most from the construction company’s failure to perform the road building contract?  Who has the greatest stake in remedying the wrong? Continue reading →

Are Aggregate Corruption Indicators Coherent and/or Useful?: Further Reflections

Posted on by
9

Last week, I used Professor Michael Johnston’s recent post on the methodological and conceptual problems with national-level perceived corruption indicators as an opportunity to respond to some common criticisms of research that relies on these indicators. In particular, I have frequently heard (and interpreted Professor Johnston as advancing) two related criticisms: (1) composite indicators of “corruption” are inherently flawed because “corruption” is a multifaceted phenomenon, comprised of a range of diverse activities that cannot be compared on the same scale, let alone aggregated into a single metric; and (2) corruption is sufficiently diverse within a single country that it is inappropriate to offer a national-level summary statistic for corruption. (These points are related but separate: One could believe that corruption is a sufficiently coherent concept that one can sensibly talk about the level of “corruption,” but still object to attempting to represent an entire country’s corruption level with a single number; one could also endorse the idea that national-level summary statistics can be useful and appropriate, even when there’s a lot of intra-country variation, but still object to the idea that “corruption” is a sufficiently coherent phenomenon that one can capture different sorts of corruption on the same scale.) For the reasons I laid out in my original post, while I share some of the concerns about over-reliance on national-level perceived corruption indicators, I think these critiques—if understood as fundamental conceptual objections—are misguided. Most of the measures and proxies we use in studying social phenomena aggregate distinct phenomena, and in this regard (perceived) corruption is no different from war, wealth, cancer, or any number of other objects of study.

Professor Johnston has written a nuanced, thoughtful reply (with a terrific title, “1.39 Cheers for Quantitative Analysis”). It is clear that he and I basically agree on many of the most fundamental points. Still, I think there are still a few places where I might respectfully disagree with his position. I realize that this back-and-forth might start to seem a little arcane, but since so much corruption research uses aggregate measures like the Corruption Perceptions Index (CPI), and since criticisms of these measures are likewise so common, I thought that perhaps one more round on this might not be a bad idea.

Let me address the two main lines of criticism noted above, and then make some more general observations. Continue reading →

The Level-of-Aggregation Question in Corruption Measurement

Posted on by
21

Recently I learned that CDA Collaborative (a nonprofit organization that works on a variety of development and conflict-resolution projects) has launched a new blog on corruption. Though it’s a new platform, they already have a few of interesting posts up, and it’s worth a look.

While I’m always happy to advertise new platforms in the anticorruption blogosphere, in this post I mostly want to focus on the first entry in the CDA’s new blog, a post by Professor Michael Johnston entitled “Breaking Out of the Methodological Cage.” It’s basically a critique of the anticorruption research literature’s alleged (over-)reliance on quantitative methods, in particular cross-national regression analyses using country-level corruption indices (such at the Corruption Perceptions Index (CPI) or Worldwide Governance Indicators (WGI) graft index). There are some things in Professor Johnston’s post that I agree with, and much that I disagree with. I want to focus on one issue in particular: the question of the right unit of analysis, or level of aggregation, to use when attempting to measure corruption.

Professor Johnston has two related complaints (or maybe two variants on the same underlying complaint) regarding these national-level perceived corruption measures. First, he complains these “[o]ne dimensional indices tell us … that corruption is the same thing everywhere, varying only in amount[.]”  In other words, corruption indices lump a whole bunch of disparate phenomena together under the same umbrella term “corruption,” ignoring the internal diversity of that category. Second, he contends that “relying … on country-level data is to assume that corruption is a national attribute, like GDP per capita” when in fact “corruption arises in highly specific processes, structural niches, and relationships.” Corruption, he explains, is not an attribute of countries, but of more specific contexts, involving “real people … in complex situations[.]”

Respectfully, I think that these points are either wrong or irrelevant, depending on how they are framed. Continue reading →

Anticorruption Investigators and Prosecutors: Bookmark this Web Site!

Posted on by
6

The International Anticorruption Resource Center, a Washington-based group of American investigators and former prosecutors, has developed a first-class web site on how to investigate and prosecute corruption crimes that everyone in the business of investigating or prosecuting corruption crimes should bookmark.  Divided into three main sections – Detection, Proof, and Evidence – the site guides the reader through the entire process of developing and presenting a corruption case: from the first interview with a whistleblower through assembling the facts to proving them in a court of law.  While there are any number of Web sites with material useful for investigators and prosecutors (here and here for examples), this is the only I have found that pulls together in one place the basics that every anticorruption investigator or prosecutor needs.

Although clearly aimed at those in the early stages of their career, I recommend that even the most harden veterans peruse the site.  They will find it a valuable refresher and may well find some helpful tips.  Two pages I particularly liked were – Continue reading →