Category Archives: Uncategorized

Georgia at the Crossroads: The MEGOBARI Act As a Rule-of-Law Lifeline

Posted on by
Reply

GAB welcomes this post by Giorgi Meladze, Associate Professor at Ilia State University School of Law in Tbilisi and an invited lecturer at European Humanities University; Konstantine Chakhunashvili, PhD Associate Professor at Caucasus University; and Nadia Asaad, journalist and researcher working with the Center for Applied Nonviolent Action and Strategies and a graduate student at the Paris Institute of Political Studies (Sciences Po).

Once praised as a “Beacon of Democracy,” Georgia now faces mounting concerns over its slide towards authoritarian rule. Under the influence of oligarch Bidzina Ivanishvili, the country’s ruling elite is consolidating power through corrupt, authoritarian practices. While the United States and several European Union member states have already responded with sanctions targeting key decision-makers and their associates, Washington lawmakers are now debating legislation supported by both Republicans and Democrats to ratchet up the pressure.

The Mobilizing and Enhancing Georgia’s Options for Building Accountability, Resilience, and Independence (the MEGOBARI Act) would require the President to impose new sanctions on Georgian leaders and anyone “engaged in significant acts of corruption or acts of violence or intimidation in relation to the blocking of Euro-Atlantic integration in Georgia.” It is an essential element in defending democracy and the rule of law in Georgia. which in turn will help prevent organized crime networks operating through and in Georgia from fueling Russia’s war machine and undermining Euro-Atlantic integration.

After a decade of state capture, cosmetic “reforms”, and the consolidation of informal power networks, all documented by the Basel Institute, a sanctions regime codified by MEGOBARI Act and calibrated to the Georgian context is no longer optional: it is critical to prevent Georgia’s antidemocratic leanings from infecting its neighbors.

This post documents the Georgian state’s slide into a “cartel-state” and explains how MEGOBARI and other measures by U.S. and EU can arrest it.

Continue reading →

Australia Adopts a U.K.-style “Failure to Prevent Bribery” Offence, But Hits Pause on Deferred Prosecution Agreements

Posted on by
1

Australia’s current government has achieved greater anticorruption reform than its predecessor by a considerable margin. In July 2023, it delivered on a key election promise to establish a National Anti-Corruption Commission, an independent agency charged with investigating public corruption. In March 2024, it passed the Crimes Legislation Amendment (Combatting Foreign Bribery) Act 2023, the most significant reform to the Australian foreign bribery regime since its introduction in 1999. The amendment makes significant changes that broaden and strengthen Australia’s anti-foreign-bribery law. Perhaps the most significant change of these changes is the introduction of a new corporate offence of failing to prevent foreign bribery, closely modeled on a similar offense contained in the UK Bribery Act (UKBA). Once Australia’s new law comes into force later this year, a corporation can be held criminally liable if it fails to prevent an “associate” from paying a bribe to benefit the corporation. This offence is predicated on an underlying violation of the federal foreign bribery offence, which means that the prosecution must still establish that the associate acted with the intent to influence a foreign official. If the prosecution makes this showing, the burden shifts to the corporate defendant to show that it had in place adequate procedures to prevent bribery. (Unlike the UKBA, however, Australia’s new failure-to-prevent-bribery offense applies only to failure to prevent bribery of foreign officials or candidates for foreign public office; the UKBA offense applies to failure to prevent any sort of bribery, including domestic and private bribery.) Looking more closely at the details of the new offense demonstrates that the scope of potential liability is indeed quite broad: Continue reading →

Look it Up: Two Invaluable New References Books on Corruption

Posted on by
Reply

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.

Continue reading →

Why We Should be Afraid – Very Afraid – of Corruption in the Reconstruction of Ukraine

Posted on by
1

Today’s Guest Post is from Donald Bowser. Don has worked on governance and anticorruption programs for over two decades for various donor organizations. In July he founded Support to Ukrainian Recovery Initiative, an NGO focused on implementing early recovery and stabilization projects in formerly occupied communities across Ukraine.

In “Why We Shouldn’t Be Overly Concerned About Corruption in the Reconstruction of Ukraine,” her January 9 post on GAB, Catherine Katz makes three points to back up her claim:

  1. First, the baseline level of corruption in pre-invasion Ukraine was likely overstated.
  2. Second, not only do measures like the CPI tend to overstate the baseline level of corruption in Ukraine, but they do not adequately reflect the significant strides Ukraine has made with its more recent anticorruption efforts, including several that have taken place since Russia’s February 2022 invasion.
  3. Third, backsliding on Ukraine’s recent anticorruption progress is unlikely—and further progress is expected—given Ukraine’s long-term interest in joining the EU and continuing need to receive support from the international community.

Like Katz, I hope the war ends in a Ukrainian victory soon and that the international community commits the resources required to help Ukraine repair the damage Russia has wreaked on the country’s infrastructure. But as the title of my post asserts, I sharply disagree with her about the spectre of corruption during reconstruction. Indeed, I think the international community should be very afraid of how it might compromise reconstruction and should begin immediately to take measures to combat it.  

Continue reading →

Some (Semi-Serious) Fun With AI-Generated Anticorruption Content

Posted on by
9

I’m not much of a tech person, but even I have been following with great interest the rapid advances in artificial intelligence (AI), particularly the buzz around ChatGPT, Open AI’s natural language chat bot. As most readers are probably aware, ChatGPT has an uncanny ability to generate decent (if rather formulaic) responses to an extraordinary variety of inquiries. It can respond to follow up questions, make modifications upon request, and (I am told) write and revise computer code. I’ve only played around with it a little, and I haven’t come close to exploring everything it can do, but I thought I’d see what sorts of content in generates when asked some basic questions about the fight against corruption. This started as a kind of just-for-fun experimentation, but I actually think the content that ChatGPT generates on this topic might be useful grounds for further reflection from the anticorruption community, both about how this tool might be helpful in our work, and about how the content this tool generates might prompt us to strive to make our own work more creative, distinctive, and forward-looking.

In the remainder of this blog post, I’ll provide — without any editing — the responses that ChatGPT provided to the following three queries/requests:

  1. How can we fight public corruption effectively?
  2. How can we generate the political will to fight corruption?
  3. Write a keynote address for the International Anti-Corruption Conference.

Here are the AI-generated responses to each: Continue reading →

Vote Buying: Why the Secret Ballot Isn’t Enough

Posted on by
Reply

Vote buying is an especially pernicious form of corruption, as it threatens to undermine the democratic process, thereby enabling other forms of corruption and misgovernance. One of the most important institutional mechanisms designed to inhibit vote buying is the secret ballot. First adopted in Australia in 1856, the secret ballot is now the norm in liberal democracies. Yet vote buying remains a problem in many such democracies, especially in the developing world (see here, here, and here). To better understand how to fight this form of corruption, it is important to understand why the secret ballot is not sufficient to eliminate the problem. While different communities face distinct challenges, there are several common mechanisms that allow vote buying to persist, even when it is impossible for the vote-buying politicians to verify that the voters they bribed actually voted the way that they had promised.

Continue reading →

Guest Post: Will the Biden Administration Help South Africa Escape Capture?

Posted on by
Reply

Today’s Guest Post is by Nicole Fritz, a South African public interest lawyer and executive director the Helen Suzman Foundation, a non-partisan think-tank dedicated to promoting liberal, democratic values and human rights in post-apartheid South Africa.

President Biden’s meeting Friday with South African President Cyril Ramaphosa offers a prime opportunity to show the Administration is serious about its new global anticorruption policy. Issued last December, the Administration promises a raft of new initiatives to not only crackdown on corruption at home but to help democratic, reform-minded regimes root out corruption that they cannot do on their own. President Ramaphosa’s government qualifies on all counts. Where it could best use assistance is in unraveling an American company’s role in the efforts of Ramaphosa’s predecessor, Jacob Zuma, to rob the country blind. 

During his nine-year rule, Zuma sought to “capture the state,” to remake South Africa’s fledgling young democratic government into a machine to enrich himself, his family, and his friends. No sooner did he take office in 2009 then he began stacking key government-owned enterprises with cronies and accomplices and purging the public service of professional, independently-minded civil servants.  He was finally forced from office after widespread public protest and coordinated efforts of civil society, those few remaining independent state agencies, and reformers within his own party.

In one of his last desperate bids to quell discontent and remain in office, Zuma established the Judicial Commission of Inquiry into Allegations of State Capture, Corruption and Fraud in the Public Sector. That Commission has defined the Ramaphosa presidency and the Commission’s several-thousand-page report, completed in June, reveals in astonishing detail just how far Zuma and accomplices extended their reach into the inner-workings of the government in pursuit of personal riches.

An especially damning chapter (here) recounts the role of the Boston management consulting firm Bain & Company in the state capture scheme.

Continue reading →

Anticorruption Bibliography–September 2022 Update

Posted on by
Reply
Hi everyone, As some of you have noticed, GAB has been on a longer-than-usual summer break, but we will be back to getting new content up on a regular basis soon. In the meantime, I’m happy to say than an updated version of my anticorruption bibliography is now available from my faculty webpage. A direct link to the pdf of the full bibliography is here, and a list of the new sources added in this update is here. Additionally, the bibliography is available in more user-friendly, searchable form at Global Integrity’s Anti-Corruption Corpus website. As always, I welcome suggestions for other sources that are not yet included, including any papers GAB readers have written.

Hard Truths/Sound Advice: UNDP’s Strategic Programming for Anti-Corruption Agencies

Posted on by
1

The United Nations Development Programme’s mission is to help poor countries become wealthy. As evidence that corruption is a, if not the, major obstacle blocking the way, the agency has devoted a growing share of its budget to finding ways combat it. Not all its investments have met with success — as its underpaid staff and consultants (compared to other international agencies) would be the first to admit.

One clear success is a little heralded guidance note for anticorruption agencies in Southeast Asia UNDP released in May. The region is beset with corruption problems large and small, and in response governments have established anticorruption agencies.  But TI’s Corruption Perception Index, the World Governance Indicators, and other cross-national measure of corruption have registered little or no improvement in country scores since the agencies came into existence, and disillusionment has taken hold as policymakers and citizens across the region now sharply question the agencies’ worth.  

Strategic Programming for Anti-Corruption Agencies: Regional Guidance Note for ASEAN makes it clear that the problem starts at the top. That agency leaders have let others set the terms for judging their agency’s success. Echoing advice to criminal justice agencies by the closest student of bureaucracy since Weber, the report explains that until anticorruption agencies define success in realistic, measurable, achievable objectives that will make a difference in citizens’ lives, their standing will not improve and continued support will remain at risk.

Along the way the UNDP report doesn’t gloss over the challenges agencies face while offering sound advice on how to overcome them.  Some especially important hard truths and good examples of sound advice –

Continue reading →

Time to Make the OECD Antibribery Convention an Antikleptocracy Convention Too

Posted on by
2

Confiscating assets acquired through corruption is a critical part of the fight against corruption. If those who would profit from corruption know they will be denied the benefit of their wrongdoing, there is no incentive to be corrupt.

As Justin explained Monday, Russia’s invasion of Ukraine has given asset confiscation a major boost. Many of Putin’s superrich backers, oligarchs or kleptocrats, became wealthy through corrupt deals, and the seizure of their mega-yachts, mansions and other properties now located outside Russian territory offer the West a way, albeit indirectly, to pressure Putin to end the aggression. Italian, German, and other Western prosecutors are thus now aggressively invoking domestic forfeiture statutes to confiscate them.

But as the Washington Post reports today, with the help of pricey lawyers and other enablers (here and here), the oligarchs have hidden their assets inside complex legal thickets of offshore companies that make confiscation hard if not impossible. In response, last Thursday President Biden asked Congress to give U.S. prosecutors new powers to cut through this underbrush (here).

The President’s initiative is welcome. But it also invites the obvious question: Why shouldn’t other Western nations follow suit?  All are united in their opposition to the war and desire to make Putin’s associates suffer consequences. Why shouldn’t every Western state ease the task their prosecutors face to the rapid seizure of oligarchs’ assets? And indeed to the seizure of any asset corruptly obtained or unlawfully possessed found in their territory?

The most straightforward way to realize this goal would be to amend the OECD Antibribery Convention.

Continue reading →