New Podcast, Featuring Gary Kalman

A new episode of KickBack: The Global Anticorruption Podcast is now available. In this episode, I interview Gary Kalman, formerly (and at the time of the interview) the Executive Director of the FACT Coalition, and now the Director of the U.S. Office of Transparency International. The first part of our conversation focuses on the work Mr. Kalman did at the FACT Coalition on the push for new U.S. legislation to crack down on anonymous companies. We also discuss his vision, and top priorities, for Transparency International’s new U.S. office.

You can find this episode, along with links to previous podcast episodes, at the following locations:

KickBack is a collaborative effort between GAB and the ICRN. If you like it, please subscribe/follow, and tell all your friends! And if you have suggestions for voices you’d like to hear on the podcast, just send me a message and let me know.

The 2019 Amendments to India’s Right to Information Law Threaten to Blunt a Powerful Anticorruption Instrument

India’s Right to Information (RTI) law, originally passed in 2005, gives all citizens the right to submit a request for information (in person, in writing, or online) to any public authority at the national, state, or local level; the request may concern any information related to the functioning and affairs of that authority. If the request is denied or unduly delayed, or if the information provided is incomplete, applicants may appeal, first to a designated Public Information Officer at the public authority to which the request was made, and then to special bodies called Information Commissions, established at both the state and national levels. These Information Commissions are designed to be autonomous and have the power not only to order timely production of requested information, but to levy penalties on public authorities for noncompliance and to award compensation to citizens whose requests were wrongfully denied or ignored.

India’s RTI law—which is one of the strongest such laws in the world, used by an estimated 4-6 million people annually—has proven to be a particularly effective anti-corruption tool. There are hundreds of examples of ordinary citizens using the RTI law to expose local government corruption, and the law has also unearthed some major national-level corruption scams. For instance, an RTI request filed by a civil society activist group revealed that a housing society on prime land in South Bombay, meant for war widows, was wrongfully given out to politicians, bureaucrats, and military officers; this so-called “Adarsh Society Scam” led to the eventual resignation of the Chief Minister, as well as criminal charges against several officials. Another civil society group used the RTI law to expose the “Commonwealth Games Scam,” in which funds associated with the Commonwealth Games in Delhi, earmarked for the social welfare of marginalized communities, had been wrongfully diverted. The exposure of this malfeasance led to an official investigation that ultimately resulted in the arrest and suspension of the responsible minister.

This past July, the Indian parliament amended the RTI law for the first time, despite resounding opposition. While there are indeed aspects of the RTI law’s implementation that need to be addressed—including the numerous vacancies at Information Commissioner posts, which has led to long delays and backlogs in RTI appeals—the amendments do not address any of these genuine pressing issues. Instead, the amendments focused on the appointment, tenure, and salary of the Information Commissioners. Proponents of the changes claimed that these amendments were minor technical fixes, designed to streamline the appeals process and improve functioning. In fact, the amendments pose a serious threat to the autonomy of the Information Commissions, and thus to the efficacy of the RTI law in exposing wrongdoing that could embarrass or incriminate powerful political figures and their cronies. Continue reading

Small Year-to-Year Changes in CPI Scores Are Meaningless. Small Year-to-Year Changes in CPI Scores Are Meaningless. Small Year-to-Year Changes in CPI Scores Are Meaningless

Last month, Transparency International (TI) released the latest version of its Corruption Perceptions Index (CPI)–an index that I continue to believe is useful and important, and that I regularly defend against the blunderbuss critiques sometimes leveled by a few of my colleagues in the academy. Yet every year when the CPI comes out, we see a spate of articles and press releases that focus on individual countries’ score changes from one year to the next. (For some examples from this year, see here, here, here, here, and here.) TI contributes to this: Despite the qualifications and cautions one can find if you search TI’s web site diligently enough, TI’s lead press release and main CPI report inevitably play up these changes, connecting them to whatever larger narrative that TI hopes to convey. This year was no exception. This time around, the press release emphasizes that “(f)our G7 countries score[d] lower than last year: Canada (-4), France (-3), the UK (-3) and the US (-2). Germany and Japan have seen no improvement, while Italy gained one point”–and TI treats this as evidence for the assertion, in the title of the press release, that the “2019 Corruption Perceptions Index shows anti-corruption efforts stagnating in G7 countries.”

Sigh. I feel like I have to do this every year, but I’ll keep doing it until the message sinks in. Repeat after me:

  • Small year-to-year changes in an individual country’s CPI score are meaningless.
  • Small year-to-year changes in an individual country’s CPI score are meaningless.
  • Small year-to-year changes in an individual country’s CPI score are meaningless.
  • Small year-to-year changes in an individual country’s CPI score are meaningless.
  • Small year-to-year changes in an individual country’s CPI score are meaningless.
  • Even big changes in an individual country’s CPI score may well be meaningless, given the fact that, in a collection of 180 countries, random noise will sometimes produce unusually large changes an a handful of countries (for the same reason that if you flip a set of five coins 180 times, odds are a few of those times you’ll get five heads or five tails).
  • Because year-to-year changes in an individual country’s CPI score usually meaningless, they are not newsworthy, nor can they be invoked to make substantive claims about corruption’s causes or consequences, or the success or failure of different countries’ anticorruption policies.

I don’t want to repeat everything I’ve written before explaining why this is so; I explained this at length in my post last year, after the 2018 CPI came out. (That post, in turn, relied on my prior writing on this topic: See here, here, here, here, here, and here.) I’ve kind of given up hope that TI will actually modify the way it talks about within-country year-to-year CPI score changes in its press releases. I know enough people at TI (great people, I should add) who are aware of what I (and plenty of others) have had to say on this topic that I can only assume that the failure to change is a deliberate decision on the part of TI’s leadership and communications team. I strongly suspect that the serious researchers at TI who work on the CPI are slightly embarrassed by how the index is framed by the organization for public and media consumption, but there’s nothing they can do about it. Despite the apparent futility of my prior efforts, I’ll keep harping on this, in the vain hope that the message will gradually trickle out.

Tracking Corruption and Conflicts of Interest in the Trump Administration–February 2020 Update

As regular readers of this blog are aware, since May 2017 we’ve been tracking and cataloguing credible allegations that President Trump, and his family members and close associates, have been corruptly, and possibly illegally, leveraging the power of the presidency to enrich themselves. The newest update is now available here.

A previously noted, while we try to include only those allegations that appear credible, many of the allegations that we discuss are speculative and/or contested. We also do not attempt a full analysis of the laws and regulations that may or may not have been broken if the allegations are true. (For an overview of some of the relevant federal laws and regulations that might apply to some of the alleged problematic conduct, see here.)

The Shortcomings of the Leniency Agreement Provisions of Brazil’s Clean Company Act

If the CEO of a corporation operating in Brazil learns that her company has committed an unlawful act of corruption, should she order the corporation to self-report and negotiate a leniency agreement with the Brazilian authorities under Brazil’s 2013 Clean Company Act, which authorizes such settlements? In most of the cases, the corporate legal department would probably advise against it. Indeed, the number of leniency agreements based specifically on Brazil’s Clean Company Act has been much smaller than expected.

Several factors drive companies away from cooperating with Brazilian public authorities under the Clean Company Act:

Continue reading

How Much Should We Worry That Trump’s Top Economist Is “Looking Into” Weakening the FCPA?

As regular GAB readers have likely figured out, I’m not terribly good at providing timely “hot take” reactions to news items—I’m too slow and get too distracted with other things, and by the time I weigh in on some recent development that caught my eye, I’m usually a couple of news cycles behind. So it will be with this post. But I did want to say a bit about the mini-controversy over comments a couple weeks back from Larry Kudlow, the Director of the White House National Economic Council, about the Trump Administration’s views on the Foreign Corrupt Practices Act (FCPA). For those who might have missed the reports, here’s the basic gist:

A forthcoming book about the Trump Administration includes the story (which had already been reported multiple times) that back in 2017, President Trump had vigorously complained to then-Secretary of State Rex Tillerson that the FCPA put U.S. companies at an unfair disadvantage and ought to be scrapped or drastically altered. (Tillerson, to his credit, pushed back, and no action was ultimately taken.) Several pre-release commentaries on the book focused on this anecdote (see here and here), and a couple weeks back a reporter asked Kudlow about it. Kudlow responded, “We are looking at [the FCPA], and we have heard some complaints from our companies…. I don’t want to say anything definitive policy-wise, but we are looking at it.” When pressed for details, Kudlow said, “I don’t want to say anything definitive policy-wise…. Let me wait until we get a better package [of reforms].”

Kudlow’s comments triggered a great deal of critical reaction, including statements supporting the FCPA from civil society organizations like Transparency International and the Coalition for Integrity. These statements were forceful but measured, mainly emphasizing the benefits of the FCPA. Some other media reactions were more impassioned, playing up the narrative that the Trump Administration was planning to push for the legalization of (foreign) bribery (see here and here). That latter strain in the commentary, in turn, provoked pushback from other analysts, who saw Kudlow’s remarks (and perhaps also the President’s own statements and actions in this area) as no big deal (see here and here).

My own take is somewhere in the middle. On the one hand, we shouldn’t exaggerate the significance of Kudlow’s remarks. But neither should we dismiss them as meaningless or harmless. Continue reading

Dershowitz is Wrong: What Trump Did Was a Crime

Desperate to acquit Donald Trump of impeachment charges, Senate Republicans have seized on Harvard Law Professor Alan Dershowitz’ two part defense. That conviction requires Trump to have committed a crime and that it was no crime for Trump to condition aid to Ukraine and a meeting with its president on Ukraine investigating Trump political rival Joseph Biden.  There is but one flaw in Dershowitz’ argument.  It is flat wrong.  Section 201 of title 18 of the United States Code makes it a crime for a public official to solicit a bribe.  And that is exactly what Trump did. Continue reading