Tuesday, November 22, 2016

US Courts’ Evaluation of Foreign Judicial Corruption: Different Stages, Different Standards

Last August, a US appeals court may have finally brought to a close a case that the court described as “among the most extensively chronicled in the history of the American federal judiciary”: a lawsuit, initially filed in 1993, seeking damages for adverse environmental and health consequences of oil exploration and drilling by Texaco (later acquired by Chevron) in the Ecuadorian Amazon. Chevron and the plaintiffs each have their own version of the long, complicated, and contentious litigation. (For a concise, relatively balanced summary see here.) For present purposes, the essential facts are as follows: After eight years of US litigation, in 2001 Chevron persuaded a US court to send the case to Ecuador. In 2011, after an additional decade of litigation in Ecuador, the Ecuadorian courts ultimately found in favor of the plaintiffs, ordering Chevron to pay an $18.5 billion judgment (later reduced to $9 billion). Unfortunately for the plaintiffs, Chevron doesn’t have any assets in Ecuador, so the plaintiffs have been trying to enforce their judgment in a number of other jurisdictions, including the United States. In its August ruling, the US appeals court affirmed the district court’s 2014 holding that the Ecuadorian judgment could not be enforced in the United States because it was a product of fraud and corruption—including the shocking finding that plaintiff’s attorneys had bribed the judge with a promise of $500,000, and ghostwrote the multi-billion dollar judgment.

Read the whole blog post by Travis Edwards, in the Global Anticorruption Blog: https://globalanticorruptionblog.com/2016/11/21/us-courts-evaluation-of-foreign-judicial-corruption-different-stages-different-standards/

From: Ethical Alliance Daily News - 21 Nov 2016


 

Australia: Rio Tinto in spotlight as Australia fraud police targets resources industry
Nov 21, 2016 08:00 pm
Facing international pressure to get tougher on corruption, Australian authorities say they are targeting the resources industry but have yet to be formally asked to look into a high-profile probe into payments at miner Rio Tinto. A senior official at...
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South Korean prosecutors said on Sunday that they believed President Park Geun-hye was an accomplice in a corruption scandal that has rocked her administration, in a heavy blow to her fight for political survival. The prosecutors’ comments, which came as...
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Interpol removed Mol Nyrt. Chief Executive Officer Zsolt Hernadi from its wanted list, ending a three-year pursuit requested by neighboring Croatia over allegations of bribery. The agency deleted the “Red Notice” for the executive of the Hungarian refiner after suspending...
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A company founded by a former senior figure at the IAAF, the governing body of world athletics, reportedly received two payments totalling US$3.5 million (S$4.9 million) days before Qatar’s failed bid to host the 2017 world championships and while it...
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President Rodrigo Duterte advised commissioners of the Energy Regulatory Board (ERC) to resign, following the alleged suicide of a colleague over the supposed corruption in the regulatory body. Special Assistant to the President Bong Go confirmed the President’s directive on...
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U.S. President Barack Obama and Chinese President Xi Jinping agreed to take a strict position against any future North Korea provocations, including nuclear tests and test launches of ballistic missiles, during the annual gathering of the Asia-Pacific Economic Cooperation. The...
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From: Transparency International - Daily Corruption News - 21 Nov 2016

21 November 2016

Today's top story
Malaysia: Bersih 5 protest: Fresh clampdown on Malaysian activists won't work, say critics
CNBC
Malaysia's government is attempting to quash political activism through new security laws and fresh arrests. But its critics say the extreme measures only reveal the extent of Prime Minister Najib Razak's authoritarian regime.


More news

Blogs and opinion
Global: Experts urge Panama to reform financial services industry
International Consortium of Investigative Journalists

News from Transparency International
Press release: TI-USA issues key recommendations for new administration to avoid conflicts of interest
On the blog: Inspite of the political whirlwind, climate change is no less real

TI-USA issues key recommendations for new administration to avoid conflicts of interest

Transparency International-USA, a non-partisan, non-profit organization dedicated to strengthening integrity and combating corruption in the United States and internationally, urges President-elect Donald J. Trump to strictly enforce, without exceptions, a conflict of interest policy for his transition team members and appointees.

“The president-elect has an early and excellent opportunity to make good on his campaign promise to run a government that works for the people and not for the political class. The transition team putting in place a code of ethics is an important step. Establishing a transparent transition operation that maintains a zero-tolerance policy on conflicts of interest should be a top priority,” said Claudia Dumas, President of TI-USA.

The potential conflicts of interest the president-elect’s global business holdings present make setting high standards for transparency imperative. By embracing the spirit of transparency, integrity, and accountability, the president-elect can assure the American people that his family and his businesses are not given preferential treatment or perceived as given preferential treatment.

Without exception, transition team members should be prohibited from overseeing political appointments or participating in policy decisions that may affect their own financial interests, as well as the interests of their families and business associates.

Qualifications should serve as a guiding principle for all appointments. Nominees should be required to publicly disclose all campaign contributions and political expenditures they made or bundled. They also should be required to disclose any conflicts of interest their appointments may present. Full disclosure will facilitate confirmation; it will also enable an essential conversation about nominee qualifications.

TI-USA makes the following key recommendations based on best practice conflict of interest policies:
  • The president-elect and his administration should strictly enforce and make no exceptions to his transition team’s code of ethical conduct.
  • The president-elect should put all assets that may pose potential conflicts of interest in a true blind trust, run by an independent trustee. The family of the president-elect should not control the Trump businesses while he is in office.
  • The president-elect should be transparent about his personal and business debt obligations to ensure there are no conflicts of interest.
  • The president-elect should publicly release his tax returns.
  • The nominating process for appointees should be fully transparent and based on qualifications. Appointees should disclose all campaign contributions and political expenditures, and any interests in any Trump businesses.
By taking the lead on these issues, President-elect Trump can begin the important and much-needed process of restoring public faith in government.

Press contact(s):
Transparency International USA
T: +1 202-589-1616
E: transparency@transparency-usa.org

Source: http://www.transparency.org/news/pressrelease/ti_usa_issues_key_recommendations_for_new_administration_to_avoid_conflicts

Monday, November 21, 2016

From: Transparency International - Daily Corruption News - 18 Nov 2016

18 November 2016

Today's top story
Global: JPMorgan fined for hiring kids of China's elite to win business
CNN
JPMorgan Chase (JPM) improperly hired the "unqualified" children of China's ruling elite to win lucrative business from the country's key decision makers, authorities alleged on Thursday.


More news

Blogs and opinion

News from Transparency International
Press Release: Release of Maldives whistleblower Gasim Abdul Kareem welcomed; he should now be exonerated
On the web: Governments are doing a poor job at fighting corruption across Europe and Central Asia
On the blog: Inspite of the political whirlwind, climate change is no less real

From: Ethical Alliance Daily News - 18 Nov 2016


 

France: France investigating 500 taxpayers after Panama Papers leaks
Nov 18, 2016 08:00 pm
The French government is investigating the tax records of about 560 taxpayers based on leaked documents from a Panamian law firm. The budget office of the Finance Ministry said Thursday its experts have studied the leaked information and are now...
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The former governor of Rio de Janeiro state was arrested on Thursday as part of a corruption investigation linked to a World Cup project and other works worth billions of dollars, in a blow to Brazil’s ruling party that may...
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A former Valeant Pharmaceuticals International Inc (VRX.TO) executive and the former CEO of mail order pharmacy Philidor Rx Services were arrested on Thursday on charges that they engaged in a multimillion-dollar fraud and kickback scheme. Federal prosecutors in Manhattan accused...
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South Korea’s parliament on Thursday approved a bill to appoint a special prosecutor to investigate a favours scandal engulfing President Park Geun-hye, sharply raising political pressure on her amid calls for her to step down. Park’s administration has been rocked...
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U.S. lawmakers passed bills on Tuesday renewing sanctions on Iran for 10 years and imposing new sanctions on Syria, underscoring their determination to play a strong role in Middle East policy no matter who occupies the White House. The House...
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Thailand’s Department of Special Investigation director-general Pol Col Paisit Wongmuang has ordered the suspension of the two officials, whose names were withheld on charges of money laundering. A disciplinary committee was also set up to mete out punishment against them....
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Wednesday, November 16, 2016

US Anticorruption Policy in a Trump Administration: A Cry of Despair from the Heart of Darkness

Like many people, both here in the US and across the world, I was shocked and dismayed by the outcome of the US Presidential election. To be honest, I’m still in such a state of numb disbelief, I’m not sure I’m in a position to think or write clearly. And I’m not even sure there’s much point to blogging about corruption. As I said in my post this past Tuesday (which now feels like a million years ago), the consequences of a Trump presidency are potentially so dire for such a broad range of issues–from health care to climate change to national security to immigration to the preservation of the fundamental ideals of the United States as an open and tolerant constitutional democracy–that even thinking about the implications of a Trump presidency for something as narrow and specific as anticorruption policy seems almost comically trivial. But blogging about corruption is one of the things I do, and to hold myself together and try to keep sane, I’m going to take a stab at writing a bit about the possible impact that President Trump will have on US anticorruption policy, at home and abroad. I think the impact is likely to be considerable, and uniformly bad...




Read the full blog post by Matthew Stephenson: https://globalanticorruptionblog.com/2016/11/10/us-anticorruption-policy-in-a-trump-administration-a-cry-of-despair-from-the-heart-of-darkness/

From: Transparency International - Daily Corruption News - 15 Nov 2016

15 November 2016 

Today's top story
Russia: Russian economy minister detained over alleged $2m bribe
The Guardian
Russia’s economic development minister has been arrested in a surprise night-time swoop, accused of taking a $2m (£1.6m) cash bribe as part of a sting operation.


More news

Blogs and opinion

News from Transparency International
Press Release: Report Launch: Transparency International to publish Europe and Central Asia corruption poll
Press Release: Transparency International announces short-listed candidates for Anti-Corruption Award

From: Ethical Alliance Daily News -- 15 nov 2016


 

Guinea: Rio CEO Says Staff ‘Shocked’ by Probe That May Take Years
Nov 15, 2016 08:00 pm
Rio Tinto Group Chief Executive Officer Jean Sebastien Jacques said an investigation into the lawfulness of a payment made to an external consultant relating to a giant iron ore project in Guinea has “shell-shocked” the company and may take several...
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South Korean prosecutors investigating a corruption scandal engulfing President Park-Geun Hye have quizzed Samsung group scion and the chairman of Hyundai Motor, a report said Sunday. Lee Jae-Yong, vice chairman of Samsung Electronics and the heir-apparent of the Samsung group,...
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Eighty-five Canadians identified in the Panama Papers leak are now being investigated for tax evasion, the Canada Revenue Agency has revealed. Details of Canada’s enforcement effort were provided to the Star the same week the U.K., which is a major...
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A Malaysian court on Monday (Nov 14) sentenced Member of Parliament for Pandan, Rafizi Ramli to 18 months’ jail for the unauthorised possession of an audit report of state fund 1Malaysia Development Berhad (1MDB) and exposing it to the media, local...
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A former political advisory chief in Guangdong province has received a suspended death sentence after being convicted of taking bribes of more than 140 million yuan (HK$160 million), state media reports. The Liuzhou Intermediate People’s Court in southwestern Guangxi sentenced...
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“I wish the start of this court was by a million dollar corruption case, not by a 50,000 afghani (US$761.04) corruption case,” Farid Arabzai, a lawyer representing the prosecutor, told the three-judge panel at the Kabul court hearing. The government...
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