For Goodness Sakes, Buy this Man a Cup of Coffee!

If you don’t know whom this post’s headline is talking about, you don’t know who Ray Todd is.  And if you don’t know who Ray Todd is, you don’t know about the eponymously named raytodd.blog.  And if you don’t know about the blog, you don’t know about what I think is the single best aggregator of news and information on corruption, money laundering, economic sanctions, and related topics. 

From a blurb flagging FATF’s recent evaluation of Albania’s money laundering regime to a note on GAB contributor Frederick Davis’ important new Columbia Journal of Transnational Law article “Judicial Review of Deferred Prosecution Agreements: A Comparative Study,” to a link to an English language summary of the just released 2021 annual report of the French Anticorruption Agency, you are missing out. On a lot. Ray’s blog is indispensable source of news for those in the anticorruption community.

All he asks in return is that readers occasionally make a small contribution.  Enough to buy him a coffee. Given the blog’s value added, he deserves much more.  But hey readers, how about starting by financing his morning java?    

Will China’s Property Tax Reform Be a Catalyst for Corruption?

In China, most residential property owners do not need to pay real estate taxes. In 2011, China initiated property tax trial programs in Shanghai and Chongqing, but even here, the taxes applied only to a few types of properties (newly purchased second homes and high-value properties, respectively) and the tax rates under these trial programs were quite low, and based on a property’s transaction price rather than its current appraised value. But this is about to change. President Xi Jinping’s administration sees a property tax as a key tool to achieve its goal of “common prosperity,” and last October, the government announced a major property tax reform, which is to begin with a five-year pilot program implemented at the local level in selected subnational jurisdictions. Under this reform, most residential property owners will need to pay property taxes, though local governments will have broad discretion to decide on the scope, rates, and collection procedures (see here and here).

Most of the debate about this dramatic change to China’s tax policy have focused on whether the proposed property tax can stop rampant speculation in the housing market and help redistribute wealth. Some commentators, though, have suggested that the new property tax might also help advance President Xi’s anticorruption campaign, because (it is argued) the tax will force greater disclosure of businessmen and government officials’ property ownership. But that hope is misplaced. In fact, the evidence so far suggests that the property tax reform might actually create more opportunities for corruption.

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Defining Corruption: What Do Readers Say?

Recent posts have treated readers to a discussion of what corruption means.  Professor Rothstein suggested coming at it from its opposite and offered “impartiality” so corruption would mean the absence of impartiality or bias. [Note: I had flubbed Prof. Rothstein’s view in the original text as per his comment below.] Professor Johnson argued that at its core corruption is about an imbalance of power and suggested tying the definition to notions of “justice.” Transparency International’s “abuse of entrusted power for private gain” was also examined.

I think it time for GAB readers to be heard. Rather than asking which one of these definitions they prefer, or whether they have another candidate, however, I thought it more interesting to see how a definition of corruption helps them judge actual conduct in the real world. 

Below are six cases where at least some have alleged corruption was afoot. What say, GAB readers? Do any of the cases described below involve corruption as you define it?

A yea or nay on each in a comment to this post will suffice. Extra credit for explaining how one of the definitions proffered helped you decide. Lifetime subscription to GAB at the current rate to the best entry or entries. How each played out in court and in the court of public opinion will be revealed in a future post.

Case 1. To defeat a motion of no confidence, Vanuatu’s Unity of Change government offered two MPs parliamentary appointments in return for withdrawing their support for the motion.  Another MP was offered the position of Minister of Health, and a fourth Parliamentary Secretary to the Minister of Fisheries. All four accepted the offers, and the government defeated the motion. Bribery?

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On Corruption

Taking a break from his GAB duties, our indefatigable editor-in-chief Matthew Stephenson provides readers of Liberties, a leading American journal on culture and politics, a tutorial on corruption. GAB readers will not want to miss it. For in less than 10,000 words, his essay not only make sense of the (tens of? hundreds of?) millions of words written on the topic but provides corruption fighters an order of battle.

Citing passages from the Hebrew Bible and the great Indian text on governance the Arthaśāstra, Matthew reminds that corruption has always been with us and always tolerated — if only grudgingly. What’s new is the extraordinary international consensus that has formed over the past quarter century to end that toleration. Matthew explains how that consensus developed and the opposition it has had to overcome. From those who argue that in some societies corruption is culturally acceptable, from those who believe corruption fosters economic development, and from those think nothing can be done to combat it.

He calls each of these claims a “quasi-myth,” for each contains a kernel of truth, just enough to make a debater’s point. He crushes each, with the cultural determinate one quoting Edmund Burke’s pithy response that the claim of “geographical morality” simply doesn’t stand up to scrutiny.  

The research on corruption has exploded over the past two decades. Matthew’s bibliography is now at 720 pages! He seems to have read every one of the articles, for he brings their findings to bear on the pros and cons of the various solutions that have been proposed — “wise king,” “moment of crisis,” “long slog” — interweaving stories how Denmark, Sweden, and the United States overcame entrenched corruption. He admits that taming corruption is no easy task, especially where it involves persuading corrupt elites reform is critical (“bit like trying to convince turkeys to support Thanksgiving”), but he concludes that while history shows the cancer of corruption can never be fully eradicated “progress against this chronic disease of the body politic is possible, so long as those engaged in the fight do not lose heart.”

The full text of Matthew Stephenson, “Honey and Poison: On Corruption,” Liberties, Summer 2021 is here.

A Closer Look at Corruption, Hamas, and Violence in the Gaza Strip

The recent violent clash between Israel and Hamas followed a pattern that has become depressingly familiar since Hamas won control of the Gaza Strip in 2006: Hamas instigates violence towards Israel and its civilians; Israel responds with military strikes targeting Hamas’s weaponry infrastructure, but since Hamas has intentionally embedded itself in Gaza’s civilian population, Israel’s strikes inevitably claim innocent lives. The question whether Israel’s response was proportional or excessive saturates the news and media. Eventually the two sides reach a tentative ceasefire, the violence subsides, and attention turns elsewhere—until the vicious cycle repeats.

Most readers, whatever their views on the underlying moral and legal issues, are likely familiar with this pattern. But what does this have to do with corruption? Quite a bit, actually. 

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President Biden: Fighting Corruption Core U.S. National Security Interest

Last Thursday President Biden officially declared what corruption fighter have long known:

“Corruption corrodes public trust; hobbles effective governance; distorts markets and equitable access to services; undercuts development efforts; contributes to national fragility, extremism, and migration; and provides authoritarian leaders a means to undermine democracies worldwide.  When leaders steal from their nations’ citizens or oligarchs flout the rule of law, economic growth slows, inequality widens, and trust in government plummets.”

Memorandum on Establishing the Fight Against Corruption as a Core United States National Security Interest

Biden then did what no corruption fighter could. He issued a National Security Memorandum making “countering corruption . . . a core United States national security interest.”   To that end he pledged “to promote good governance; bring transparency to the United States and global financial systems; prevent and combat corruption at home and abroad; and make it increasingly difficult for corrupt actors to shield their activities.”

The Biden memo directs the most senior member of his government to develop a presidential strategy to fight corruption both within the United States and abroad that targets precisely the issues the global anticorruption community, including this Blog, have identified as critical. They are measures to: combat illicit financial flows; increase asset recovery efforts and the return of stolen assets to victim states; target grand corruption by leaders of foreign states; strengthen civil society, the media, and other agents of accountability; incorporate anticorruption measures into foreign assistance programs; pressure international agencies and organizations to focus on the demand side of bribery; and enhance U.S. assistance to foreign law enforcement agencies investigating and prosecuting corruption.

That the Biden memo reads like the anticorruption community’s wish list should come as no surprise. Before taking up his post as Biden’s National Security Adviser, Jake Sullivan was a member of the community in good standing (some of his writings on corruption here, here, and here), and in his first interview after being named the president’s top adviser on foreign policy he said his goal was “to rally our allies to combat corruption and kleptocracy, and to hold systems of authoritarian capitalism accountable for greater transparency and participation in a rules-based system.”

The headline on a column on the prospects for success of the Biden initiative by the Washington Post’s leading foreign affairs commentator captures what I suspect are GAB readers’ sentiments: “Biden’s anti-corruption plan appears to have some teeth. Here’s hoping they bite.”

Johnston and Fritzen: The Conundrum of Corruption

Michael Johnston had done it again.  A — if not the — dean of corruption studies has a new book out.  This one a collaboration with a real dean, Scott Fritzen, professor at the University of Oklahoma and dean of its College of International Studies. The two’s The Conundrum of Corruption: Reform for Social Justice, just published in an affordable paperback edition from Routledge, is an invaluable guide to the latest learning on corruption, chronicling the rise of the international anticorruption movement, what has been learned, and what those lessons say about how to carry the fight against corruption forward.

But warning. Readers looking for an inventory of “best practices,” anticorruption “toolkits,” flashy technological innovations, and game-changing carrots and sticks will be disappointed.  Not a one is to be found.  Instead, Johnston and Fritzen explain why practitioners’ two decade plus search for such “silver bullets” has fallen flat and what corruption should concentrate on instead.

Some highlights. The role of cross-national measures of corruption like Transparency International’s Corruption Perceptions Index and whether they have outlived their usefulness. The value of principal-agent analysis and how it can be misused. What civil society can do.

Among those for whom the book is a must read are members of what the authors term the “anticorruption industry.” (Those in development agencies, international organizations, foundations, and academia know who you are.) And those who uttered the phrase “political will.” No one should ever, ever again use it until they have read what the authors say about this much abused and misunderstood term.

Those engaged in the fight against corruption, those teaching the next generation of corruption fighters, or those simply looking for an authoritative guide to the issue will want to make room on their shelf for what is sure to become a classic work on the subject.

A Jordanian Anticorruption Agenda

The Hashemite Kingdom of Jordan – a small, arid swath of land that its Western-educated monarch jokes is “between Iraq and a hard place” – teems with corruption. Most Jordanians often have no choice but to pay bribes for public services. Members of the government and the royal family regularly siphon money from public contracts and foreign aid projects. And the Kingdom’s nepotistic political system does little to hold prominent politicians and businessmen accountable when they leverage their ties to the royal family to steal disproportionate amounts of resources or redirect government funds. Corruption, it seems, crowns the Kingdom.  

It is unsurprising, then, that claims of corruption permeated news of the recent rift between King Abdullah II and his half-brother, Prince Hamzah. After Prince Hamzah’s purported involvement with a conspiracy to undermine Jordan’s national security and destabilize the existing political regime led to his house arrest, he released a video claiming that his unjust detention was for speaking out against government corruption.

Although the international media has covered the dynamics of the royal family and the possibilities of a Jordanian descent into civil war, little has been written about the ways in which King Abdullah’s government can respond to the accusations of corruption and take back leadership. Given that Prince Hamzah – among others – nearly always couches criticism of the Jordanian government in terms of corruption, such a response is necessary. If the current government wants to signal its seriousness in fighting corruption, it should aggressively pursue an anticorruption agenda with five key elements: 

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India’s Agriculture Reform Bills May Not Be Perfect, But They Can Help Fight Rampant Corruption

India’s farmers are up in arms, and have been for several months. In the midst of a cold Delhi winter, tens of thousands are braving tear gas, batons, and water cannons to protest a set of three new agricultural bills passed by the Modi government late last year. The government promises that these bills will bring about much needed reform in India’s agricultural sector, eliminating corruption in the state-run system and increasing the payout to farmers. Unfortunately, in its usual fashion, the Modi government opted to set aside federalist principles and run roughshod over democracy in introducing the reforms, contributing to the barrage of protests it now faces. And farmers have good reason to complain: the reforms signal an eventual, although not immediate, end to the government’s price floors (the “minimum support price” or MSP) for select crops. While India’s MSP system needs reform, the new bills offer insufficient protections and oversight, thus potentially enabling big business and middlemen, working with corrupt officials, to drive prices so low as to make small-scale farming impossible.

Despite these genuine and serious problems, the main reforms at the heart of these bills would do a lot of good—not least because these reforms would make major strides in addressing corruption as it exists now. And while the Modi government’s high-handed rollout of the bills has already done a great deal of damage, in terms of substance, a few key modifications to the bills could address the most serious concerns about the corrupt exploitation of farmers that the bill might otherwise foster. 

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Amazonia Is Burning. Corruption Is One of the Reasons.

Amazonia is the largest tropical rainforest in the world, spread over nine South American countries (Brazil, Bolivia, Colombia, Ecuador, Guyana, French Guyana, Peru, Surinam, and Venezuela), with approximately 60% of the forest (over four million square kilometers) located in in the north of Brazil. Brazilian Amazonia is home to around 45,000 different plant and animal species. This rainforest is also crucial to the global environment, especially with respect to climate change. During the past several months, an increase in the number and extent of forest fires in Brazilian Amazonia has triggered great concern, much of it focused on whether the Bolsonaro Administration’s policies are partly to blame for the widespread fires. While that conversation is no doubt important, it is also crucial to recognize that environmental crimes in Amazonia—including those related to the fires—are in part the product of widespread corruption, and that addressing Amazonia’s environmental crisis will require addressing Brazil’s governance crisis as well.

To understand how and why corruption is contributing to the destruction of the Amazon rainforest, a bit of background is in order. The greatest environmental threats in this region are the illegal harvesting of timber and the illegal clearing of land (often through burning) to prepare the land for commercial use for agriculture and livestock. (Between 70% and 80% of the deforested area in Amazonia has been used to create pasture for breeding cattle to produce meat for domestic and international consumption.) To be sure, Brazil has laws in place to protect Amazonia from over-exploitation and other forms of environmental damage. About 80% of the land in Amazonia is publicly owned; on this public land, the forest may not be exploited or burned. The remaining 20% of Amazonia is private land owned by individuals or corporations; even for this privately owned land, Brazilian law requires that the owners keep between 50% and 80% of the area intact and unexploited. The Brazilian government is responsible for enforcing these rules and for regulating and overseeing the extraction, transportation, and commercialization of timber from Amazonia. The regulatory system involves government approval of forest management plans, the issuance of permits for timber harvesting and land clearing, and the tracking of timber to ensure that it was not illegally removed from public lands or from the protected areas of private lands.

That’s how it’s supposed to work. But in practice, private companies collude with corrupt public servants—forest wardens, police officers, and others—to evade these rules. As a result, substantial quantities of timber are illegally extracted from public lands and protected private areas, and agricultural and livestock interests illegally burn and clear irreplaceable forests. The corrupted public servants not only turn a blind eye to these environmental crimes, but they also warn the infringers about possible inspections by other agents.

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