What is included with this book?
Preface | p. xiii |
About the Contributor | p. xvii |
Managing Corruption Risk | p. 1 |
You Are Not Alone | p. 2 |
Bribery and Kickbacks | p. 2 |
Economic Espionage | p. 2 |
Money Laundering | p. 3 |
Developing Effective Compliance Programs | p. 3 |
Performing Due Diligence | p. 4 |
What Is Anti-Corruption? | p. 5 |
Anti-Corruption Detection and Prevention | p. 5 |
Critical Elements of an Effective Compliance Program | p. 6 |
Governance and Oversight | p. 9 |
U.S. Efforts to Combat Global Corruption | p. 11 |
The Emergence of Nongovernment Organizations | p. 12 |
World Trade Organization | p. 13 |
Global Forum on Fighting Corruption | p. 13 |
International Financial Institutions | p. 14 |
International Chamber of Commerce | p. 15 |
Transparency International | p. 15 |
Global Corporate Governance Forum | p. 15 |
The Role of Civil Society | p. 16 |
The Emerging Markets | p. 16 |
U.S. Laws Governing Corruption | p. 19 |
Racketeer Influenced and Corrupt Organizations Act | p. 19 |
RICO Offenses | p. 20 |
Sherman Antitrust Act | p. 21 |
Anti-Kickback Act of 1986 | p. 22 |
Economic Espionage Act of 1996 | p. 23 |
The Evolution of the Foreign Corrupt Practices Act | p. 27 |
Background | p. 27 |
Anti-Bribery Provisions | p. 29 |
Third-Party Payments | p. 31 |
Facilitating Payments 32 | |
Sanctions against Bribery | p. 33 |
Internal Controls and Accounting Provisions of the FCPA | p. 35 |
FCPA Accounting Provisions | p. 36 |
Failed Controls | p. 36 |
Controls Assessment | p. 37 |
Conclusion | p. 38 |
Case Study: Rolling on a River | p. 39 |
Do Not Crimp: The Need for Oversight of Foreign Operations | p. 43 |
Pitfalls of Emerging Markets | p. 44 |
Monitoring Behavior | p. 45 |
Education and Communication | p. 46 |
Extending the Tone from the Top beyond the Borders | p. 47 |
Case Study: Bribe in the USSR | p. 47 |
The Human Factor | p. 49 |
Why Focus on Fraud and Corruption Risk? | p. 50 |
Behavioral Root Causes of Fraud and Corruption | p. 50 |
Psychology of Fraud Perpetrators | p. 51 |
Understanding Management Fraud | p. 51 |
Approaches to Deterring and Mitigating Financial Fraud Risk | p. 52 |
Corporate Governance: The Key to Unmasking Corrupt Activity | p. 55 |
Enterprise Risk Management: Create Stronger Governance and Corporate Compliance | p. 55 |
Mitigating Risk | p. 57 |
Ascertain Risk Areas | p. 58 |
Establishing Procedures to Mitigate Risk | p. 59 |
Perform a Periodic Assessment | p. 60 |
Blowing the Whistle on Corporate Fraud | p. 60 |
Whistle-Blower Programs | p. 61 |
Pulling Out the Earplugs | p. 62 |
Understanding Stakeholders and Their Needs | p. 63 |
Steps of the MACH Process | p. 67 |
Monitoring the MACH Process | p. 78 |
Conclusion | p. 79 |
Appendix | p. 81 |
Document Retention | p. 83 |
Create, Communicate, Monitor | p. 84 |
Reduce Risk through Technology | p. 84 |
Computer Crime | p. 85 |
The Most Common Computer-Related Crimes | p. 85 |
The Value of Stored Data | p. 86 |
Information Security: Intellectual Property Theft Is Often the Result of Government Corruption | p. 87 |
Information Security Audit | p. 89 |
Classification of Information | p. 89 |
Division of Responsibilities and Duties Is an Effective Strategy in Protecting Trade Secrets | p. 90 |
Information Security Control Officers or Custodians | p. 90 |
Use of Confidential or Proprietary Markings | p. 91 |
Document Destruction | p. 91 |
Education and Training | p. 91 |
Background Checks | p. 92 |
Confidentiality Agreements | p. 92 |
Employee Orientation | p. 92 |
Separation Plans | p. 93 |
Physical Security | p. 94 |
Systems Security | p. 95 |
E-Mail Policy | p. 99 |
Internet Policy | p. 100 |
Solicitations for Information | p. 100 |
Seminar/Tradeshow/Off-Site Meetings Policy | p. 101 |
Joint Venture/Vendor/Subcontractor Procedures | p. 101 |
Contractual Provisions with End Users | p. 102 |
Action Plans | p. 103 |
International Protection Issues | p. 104 |
Information Security Policy | p. 104 |
Anti-Money Laundering: The USA PATRIOT Act | p. 105 |
Current State of AML in the Global Marketplace | p. 106 |
Case Study: The Boys from Brazil | p. 109 |
Procurement Fraud: Detecting and Preventing Procurement and Related Fraud | p. 111 |
Kickbacks | p. 112 |
Vendor Fraud | p. 113 |
Bid Rigging | p. 113 |
Defective Pricing and Price Fixing | p. 114 |
Contract Fraud | p. 116 |
Cost/Labor Mischarging | p. 118 |
Employee Fraud | p. 120 |
Vendor Kickbacks and Collusion | p. 121 |
Conclusion | p. 121 |
Construction Fraud: Monitoring, Mitigating, and Investigating Construction Fraud | p. 123 |
Common Construction Company Fraud Schemes | p. 124 |
Combating Fraud and Corruption | p. 126 |
Strengthen Your Internal Controls | p. 126 |
Special Investigations: How to Investigate Allegations of Corruption | |
An Interested Party: The Auditor | p. 130 |
The Special Investigation | p. 132 |
Navigating the Perils of the Global Marketplace | p. 135 |
FCPA Enforcement | p. 135 |
Record Keeping | p. 138 |
Data Collection and Processing | p. 139 |
Transborder Data-Flow Issues | p. 139 |
Case for Collective Action: The World Bank Initiative | p. 143 |
Why Collective Action against Corruption? | p. 143 |
Different Views of Corruption | p. 144 |
Business Costs of Corruption | p. 144 |
Costs of Corruption for Industries, Economies, and Countries | p. 145 |
Different Views of the Private Sector | p. 145 |
Corruption Dilemma | p. 146 |
Leveling the Playing Field | p. 157 |
Book Research Summary | p. 161 |
Index | p. 165 |
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