Social Damages for Corruption: Examples Please

Faithful readers know that for a StAR/UNODC project I am searching for cases where corruption victims were compensated for their losses.  One area where I desperately need assistance is in locating awards for social damages. 

Recovery for social damage was pioneered by Costa Rican jurists.  Article 38 of the Costa Rican penal code gives the Procuraduría General de la República the power to recover damages for acts that affect diffuse or collective interests. Termed “social damages,” the PGR web site lists five corruption cases where over $41 million in social damages have been collected.  The cases have generated learned commentary both in Costa Rica (examples here and here) and in other Latin American states (here and here). Likely because I read Spanish poorly and slowly, beyond the Costa Rican ones, I can find no case where social damages for corruption have been awarded.  Help from readers with examples or leads on where I might find examples is solicited.

For the uninitiated, social damages are compensation paid to redress harm to the welfare of a community. A community’s welfare is the combination of economic and non-economic conditions that together produce a sense of satisfaction, happiness, health, and so forth. To me, it seems to parallel Amartya Sen’s argument that GDP alone is not a sufficient measure of a nation’s well-being though I have yet to see the link made.

Thanks again to readers who responded to my earlier queries.  As with those, submissions in any language Google Translate reads welcome.

Modernizing Legislative Ethics: Costa Rica’s Turn?

The conduct of parliamentarians has not escaped the anticorruption community’s attention.  Ethics codes and parliamentary immunities are everywhere being examined to ensure legislators adhere to the highest standards of conduct and can be held to account if they do not. In Costa Rica, for example, reform-minded parliamentarians recently launched an effort to determine whether their legislative ethics code and immunity rules, unchanged for several decades, need revision.

As a first step, the parliament’s in-house research center prepared a fine summary and analysis of legislative codes of conduct and member immunities in selected European and Western Hemisphere nations. To follow up, I met with reformers to discuss what issues to weigh when amending ethics codes or revising parliamentary immunities. The English PowerPoint Slides for my presentation are here, the Spanish version here. Points emphasized during the discussion: Continue reading

Two Essential Volumes on Corruption

The study of corruption and what to do about it is no longer an academic or policy-studies backwater.  Matthew’s bibliography of corruption-related publications now lists over 6,000 books, articles, and reports and, as his regular updates show (thank you Matthew), the list continues to grow at the rate of some 50 plus per month.  That is the good news.  It is also of the course the bad news.  Few practitioners, and I suspect even academics, can claim to have absorbed the learning in the 6,000 current documents let alone keep up with the outpouring of new works.

For those who can’t , I recommend two recent books: Dan Hough’s Analysing Corruption and Alina Mungui-Pippidi and Michael Johnston’s Transitions to Good Governance: Creating Virtuous Circles of Anti-Corruption.  Both do an excellent job of synthesizing and extending recent scholarship on corruption issues, and both do so in a sophisticated but accessible manner.  Both have the added virtue of being available in reasonably priced paperback editions. Continue reading

Another Way To Improve the Accuracy of Corruption Surveys: The Crosswise Model

Today’s post is yet another entry in what I guess has become a mini-series on corruption experience surveys. In the first post, from a few weeks back, I discussed the question whether, when trying to assess and compare bribery prevalence across jurisdictions using such surveys, the correct denominator should be all respondents, or only those who had contact with government officials. That post bracketed questions about whether respondents would honestly admit bribery in light of the “social desirability bias” problem (the reluctance to admit, even on an anonymous survey, that one has engaged in socially undesirable activities). My two more recent posts have focused on that problem, first criticizing one of the most common strategies for mitigating the social desirability bias problem (indirect questioning), and then, in last week’s post, trying to be a bit more constructive by calling attention to one potentially more promising solution, the so-called unmatched count technique (UCT), also known as the item count technique or list method. Today I want to continue in that latter vein by calling attention to yet another strategy for ameliorating social desirability bias in corruption surveys: the “crosswise model.”

As with the UCT, the crosswise model was developed outside the corruption field (see here and here) and has been deployed in other areas, but it has only recently been introduced into survey work on corruption. The scholars responsible for pioneering the use of the crosswise model in the study of corruption are Daniel Gingerich, Virginia Oliveros, Ana Corbacho, and Mauricio Ruiz-Vega, in (so far) two important papers, the first of which focuses primarily on the methodology, and the second of which applies the method to address the extent to which individual attitudes about corruption are influenced by beliefs about the extent of corruption in the society. (Both papers focus on Costa Rica, where the survey was fielded.) Those who are interested should check out the original papers by following the links above. Here I’ll just try to give a brief, non-technical flavor of the technique, and say a bit about why I think it might be useful not only for academics conducting their particular projects, but also for organizations that regularly field more comprehensive surveys on corruption, such as Transparency International’s Global Corruption Barometer.

The basic intuition behind the crosswise model is actually fairly straightforward, though it might not be immediately intuitive to everyone. Here’s the basic idea: Continue reading