This edited collection analyses, from multiple disciplinary perspectives, the issue of corruption in commercial enterprise across different sectors and jurisdictions. Corruption is commonly recognised as a major ‘social bad’, and is seriously harmful to society, in terms of the functioning and legitimacy of political-economic systems, and the day-to-day lives of individuals.
There is nothing novel about bribes in brown envelopes and dubious backroom deals, ostensibly to grease the wheels of business. Corrupt practices like these go to the very heart of illicit transacting in both legal markets – such as kickbacks to facilitate contracts in international commerce – and illegal markets – such as payoffs to public officials to turn a blind eye to cross-border smuggling. Aside from the apparent pervasiveness and longevity of corruption in commercial enterprise, there is now renewed policy and operational attention on the phenomenon, prompting and meriting deeper analysis.
Corruption in commercial enterprise, encompassing behaviours often associated with corporate and white-collar crime, and corruption in criminal commercial enterprise, where we see corruption central to organised crime activities, are major public policy issues. This collection gives us insight into their nature, organisation and governance, and how to respond most appropriately and effectively.
| Notes on contributors |
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vii | |
| Acknowledgements |
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xii | |
| Corruption in commercial enterprise: an introduction |
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1 | (8) |
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PART I The organisation of corruption in commercial enterprise |
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9 | (94) |
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1 Corruption as business across market contexts |
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11 | (17) |
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2 When corruption and organised crime overlap: an empirical hierarchy of corrupt conduct |
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28 | (17) |
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3 Unfair advantage: the corruptive influence of criminal money on legitimate markets |
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45 | (18) |
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4 Corruption as a facilitator of human trafficking: some key analytical issues |
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63 | (19) |
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5 The organisation of corruption in commercial enterprise: concealing (and revealing) the beneficial ownership of assets |
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82 | (21) |
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PART II Vulnerabilities to corruption in commercial enterprise |
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103 | (58) |
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6 Corruption: the exposure and exploitation of human vulnerabilities |
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105 | (19) |
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7 Mickey-Mouse-money and gingerbread cookies: bonuses and organizational measures as predictors of corruption in organizations |
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124 | (19) |
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8 Contextualising corporate criminality in different cultural settings: the case of the gas industry in Ukraine |
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143 | (18) |
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PART III Responding to corruption in commercial enterprise |
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161 | (120) |
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9 The dark side of finance: policing corruption through regulatory means |
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163 | (19) |
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10 Banks assessing corruption risk: a risky undertaking |
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182 | (17) |
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11 The duty to disclose: implications for corruption in commercial enterprise |
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199 | (16) |
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12 The fight against corruption in commercial enterprises: a comparative overview in light of the Italian experience |
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215 | (19) |
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13 Negotiating non-contention: civil recovery and deferred prosecution in response to transnational corporate bribery |
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234 | (23) |
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14 Non-conviction financial sanctions, corporate anti-bribery reparation and their potential role in delivering effective anti-corruption pay-back: the emerging UK context |
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257 | (24) |
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| Index |
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281 | |
Liz Campbell is Professor of Criminal Law at Durham University. Her research is socio-legal, and currently is focused on responses to corruption, organised and organisational crime; and the presumption of innocence. She is interested in the interfaces between criminal law and regulation and between criminal and legal behaviour, and the politics of criminal law definitions. Her research has been funded by Research Council UKs Partnership for Conflict, Crime and Security; Arts and Humanities Research Council; Law Foundation of New Zealand; Fulbright Commission; Modern Law Review; and Carnegie Trust.
Nicholas Lord is a Reader in Criminology at the University of Manchester. Nicholas has research expertise in white-collar, financial and organised crimes, and their regulation and control. He is currently undertaking funded research into the misuse of corporate vehicles in the concealment of illicit finances (PaCCS), the nature and governance of domestic bribery (British Academy), the counterfeit alcohols (Alcohol Research UK), the finances of modern slavery (N8) and to undertake a Global White-Collar Crime Survey (White & Case LLP). His book Regulating Corporate Bribery in International Business (2014, Routledge) was the winner of the British Society of Criminology Book Prize 2015.
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