9780470484500

The Anti-Corruption Handbook How to Protect Your Business in the Global Marketplace

by
  • ISBN13:

    9780470484500

  • ISBN10:

    0470484500

  • Edition: 1st
  • Format: Hardcover
  • Copyright: 2010-04-05
  • Publisher: Wiley

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Summary

Get the knowledge and tools you need to get a competitive advantage in the global markets with The Anti-Corruption Handbook: How to Protect Your Business in the Global Marketplace.

Author Biography

WILLIAM P. OLSEN, CFE, CGFM, CIA, is Principal in the Advisory Services practice and National Practice Leader of Investigations at Grant Thornton LLP, the fifth largest and fastest growing global accounting firm. He provides anti-corruption consulting services to clients around the world, performing numerous investigations involving money laundering, organized crime and corruption, due diligence, and computer forensics. He has also consulted numerous organizations on developing policies, controls, and procedures to assure compliance with government regulations.

Table of Contents

Prefacep. xiii
About the Contributorp. xvii
Managing Corruption Riskp. 1
You Are Not Alonep. 2
Bribery and Kickbacksp. 2
Economic Espionagep. 2
Money Launderingp. 3
Developing Effective Compliance Programsp. 3
Performing Due Diligencep. 4
What Is Anti-Corruption?p. 5
Anti-Corruption Detection and Preventionp. 5
Critical Elements of an Effective Compliance Programp. 6
Governance and Oversightp. 9
U.S. Efforts to Combat Global Corruptionp. 11
The Emergence of Nongovernment Organizationsp. 12
World Trade Organizationp. 13
Global Forum on Fighting Corruptionp. 13
International Financial Institutionsp. 14
International Chamber of Commercep. 15
Transparency Internationalp. 15
Global Corporate Governance Forump. 15
The Role of Civil Societyp. 16
The Emerging Marketsp. 16
U.S. Laws Governing Corruptionp. 19
Racketeer Influenced and Corrupt Organizations Actp. 19
RICO Offensesp. 20
Sherman Antitrust Actp. 21
Anti-Kickback Act of 1986p. 22
Economic Espionage Act of 1996p. 23
The Evolution of the Foreign Corrupt Practices Actp. 27
Backgroundp. 27
Anti-Bribery Provisionsp. 29
Third-Party Paymentsp. 31
Facilitating Payments 32
Sanctions against Briberyp. 33
Internal Controls and Accounting Provisions of the FCPAp. 35
FCPA Accounting Provisionsp. 36
Failed Controlsp. 36
Controls Assessmentp. 37
Conclusionp. 38
Case Study: Rolling on a Riverp. 39
Do Not Crimp: The Need for Oversight of Foreign Operationsp. 43
Pitfalls of Emerging Marketsp. 44
Monitoring Behaviorp. 45
Education and Communicationp. 46
Extending the Tone from the Top beyond the Bordersp. 47
Case Study: Bribe in the USSRp. 47
The Human Factorp. 49
Why Focus on Fraud and Corruption Risk?p. 50
Behavioral Root Causes of Fraud and Corruptionp. 50
Psychology of Fraud Perpetratorsp. 51
Understanding Management Fraudp. 51
Approaches to Deterring and Mitigating Financial Fraud Riskp. 52
Corporate Governance: The Key to Unmasking Corrupt Activityp. 55
Enterprise Risk Management: Create Stronger Governance and Corporate Compliancep. 55
Mitigating Riskp. 57
Ascertain Risk Areasp. 58
Establishing Procedures to Mitigate Riskp. 59
Perform a Periodic Assessmentp. 60
Blowing the Whistle on Corporate Fraudp. 60
Whistle-Blower Programsp. 61
Pulling Out the Earplugsp. 62
Understanding Stakeholders and Their Needsp. 63
Steps of the MACH Processp. 67
Monitoring the MACH Processp. 78
Conclusionp. 79
Appendixp. 81
Document Retentionp. 83
Create, Communicate, Monitorp. 84
Reduce Risk through Technologyp. 84
Computer Crimep. 85
The Most Common Computer-Related Crimesp. 85
The Value of Stored Datap. 86
Information Security: Intellectual Property Theft Is Often the Result of Government Corruptionp. 87
Information Security Auditp. 89
Classification of Informationp. 89
Division of Responsibilities and Duties Is an Effective Strategy in Protecting Trade Secretsp. 90
Information Security Control Officers or Custodiansp. 90
Use of Confidential or Proprietary Markingsp. 91
Document Destructionp. 91
Education and Trainingp. 91
Background Checksp. 92
Confidentiality Agreementsp. 92
Employee Orientationp. 92
Separation Plansp. 93
Physical Securityp. 94
Systems Securityp. 95
E-Mail Policyp. 99
Internet Policyp. 100
Solicitations for Informationp. 100
Seminar/Tradeshow/Off-Site Meetings Policyp. 101
Joint Venture/Vendor/Subcontractor Proceduresp. 101
Contractual Provisions with End Usersp. 102
Action Plansp. 103
International Protection Issuesp. 104
Information Security Policyp. 104
Anti-Money Laundering: The USA PATRIOT Actp. 105
Current State of AML in the Global Marketplacep. 106
Case Study: The Boys from Brazilp. 109
Procurement Fraud: Detecting and Preventing Procurement and Related Fraudp. 111
Kickbacksp. 112
Vendor Fraudp. 113
Bid Riggingp. 113
Defective Pricing and Price Fixingp. 114
Contract Fraudp. 116
Cost/Labor Mischargingp. 118
Employee Fraudp. 120
Vendor Kickbacks and Collusionp. 121
Conclusionp. 121
Construction Fraud: Monitoring, Mitigating, and Investigating Construction Fraudp. 123
Common Construction Company Fraud Schemesp. 124
Combating Fraud and Corruptionp. 126
Strengthen Your Internal Controlsp. 126
Special Investigations: How to Investigate Allegations of Corruption
An Interested Party: The Auditorp. 130
The Special Investigationp. 132
Navigating the Perils of the Global Marketplacep. 135
FCPA Enforcementp. 135
Record Keepingp. 138
Data Collection and Processingp. 139
Transborder Data-Flow Issuesp. 139
Case for Collective Action: The World Bank Initiativep. 143
Why Collective Action against Corruption?p. 143
Different Views of Corruptionp. 144
Business Costs of Corruptionp. 144
Costs of Corruption for Industries, Economies, and Countriesp. 145
Different Views of the Private Sectorp. 145
Corruption Dilemmap. 146
Leveling the Playing Fieldp. 157
Book Research Summaryp. 161
Indexp. 165
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