Download Free Private Action Against The Public Corruption Book in PDF and EPUB Free Download. You can read online Private Action Against The Public Corruption and write the review.

The contributors explore the ethical issues that must be confronted in identifying corruption, as well as address some of the ethical issues that challenge attempts to root out corruption."--Jacket.
Over the last decade, the topics of corruption and recovery of its proceeds have steadily risen in the international policy agenda, with the entry into force of the United Nations Convention against Corruption (UNCAC) in 2005, the Arab Spring in 2011, and most recently a string of scandals in the financial sector. As states decide how best to respond to corruption and recover assets, the course of action most often discussed is criminal investigation and prosecution rather than private lawsuits. But individuals, organizations, and governments harmed by corruption are also entitled to recover lost assets and/or receive compensation for the damage suffered. To accomplish these goals of recovery and compensation, private or 'civil' actions are often a necessary and useful complement to criminal proceedings. This study explores how states can act as private litigants to bring lawsuits to recover assets lost to corruption.
While courts continue to debate the proper role of federal criminalization of public corruption, there is insufficient attention to the potential for civil litigation in addressing public corruption. The qui tam provisions of the Civil False Claims Act have driven an effective public-private partnership between the Department of Justice and whistleblowers to combat fraud against the federal government. At times these frauds have been enabled by public officials, and these illicit partnerships between public officials and companies may be evidence of corruption. Through the False Claims Act, the Department of Justice can extend its own partnership with whistleblowers to address those illicit partnerships. This article explores the possibility of the False Claims Act as a first step in directing these “private attorneys general” to uncover public corruption as well as fraud against the government.
Non-trial resolutions, often referred to as settlements, have been the predominant means of enforcing foreign bribery and other related offences since the entry into force of the OECD Anti-Bribery Convention 20 years ago. The last decade has seen a steady increase in the use of coordinated multi-jurisdictional non-trial resolutions, which have, to date, permitted the highest global amount of combined financial penalties in foreign bribery cases. This study is the first cross-country examination of the different types of resolutions that can be used to resolve foreign bribery cases.
The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
What makes the control of corruption so difficult and contested? Drawing on the insights of political science, economics and law, the expert contributors to this book offer diverse perspectives. One group of chapters explores the nature of corruption in democracies and autocracies, and “reforms” that are mere facades. Other contributions examine corruption in infrastructure, tax collection, cross-border trade, and military procurement. Case studies from various regions – such as China, Peru, South Africa and New York City – anchor the analysis with real-world situations. The book pays particular attention to corruption involving international business and the domestic regulation of foreign bribery.
There is a shift taking place in the fight against corruption. Increasingly attention is turning to the role of the private actor.2 This can be characterized as a shift from a public approach that sees the state and government as the primary driving force in the fight against corruption to an approach that sees private processes and actors playing an equally important role. This begs the question: what is a private approach? What is its motivation, content, or method? How does a private approach interrelate with the public approach? This book on private remedies for corruption is a response to these questions from the perspective of private law.3 This chapter introduces the research question, the research method and the relevance of this research.
...Focuses on the extent and cost of public corruption and of white collar crime in the private sector; highlights recent enforcement activities and proposes legislation to deter fraud; gives data on dispositions of prosecutions for public corruption, investigations, tax unit investigations, economic crime investigations and investigations of lawyer fraud; lists where to report various types of fraud...