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US Foreign Corrupt Practices Act 
and the Economics of Bribery 
Eric R. Pesik 
Adjunct Assistant Professor, School of Management 
University at Buffalo, The State University of New York 
Image: Money in hand - Stock Image from iStockPhoto 
http://www.istockphoto.com/photo/money-in-hand-2484226
This lecture was originally presented by 
Eric Pesik, Adjunct Assistant Professor 
University at Buffalo, State University of New York 
School of Management 
October 25, 2014 
International Executive MBA Program 
International Business Law, Politics, & Ethics 
Module 13, MGT 612, Intake 18 
SIM Management House 
Singapore Institute of Management 
41 Namly Avenue, Singapore 267616
FCPA 
and others 
Economics 
of Bribery 
Protect 
Yourself 
Impact on 
Corporate 
Performance 
The 
Solution 
to Bribery
NBC News by Anthony Quintano by OFFICIAL LeWEB PHOTOS 
http://www.flickr.com/photos/quintanomedia/4878251402/ 
Current Events
Glaxo Smith Kline Building at Brentford by Maxwell Hamilton 
https://www.flickr.com/photos/mualphachi/4938443323
http://office.microsoft.com/en-us/images/results.aspx?qu=medical&ex=1#ai:MP900390537|mt:2|
China RMB by Eric Pesik 
https://www.flickr.com/photos/pesik/15418462009/
Walmart by Mike Mozart 
https://www.flickr.com/photos/jeepersmedia/13753807413/
Teotihuacan - Pyramid of the Moon by Artotem 
https://www.flickr.com/photos/artotemsco/11177757606/
Siemens Schweiz by Surber 
https://www.flickr.com/photos/44431572@N00/4042504420
Euros by Images of Money 
http://www.flickr.com/photos/59937401@N07/5930032284/
Top 10 FCPA Fines of All Time 
Siemens (Germany) 
KBR/Halliburton (USA) 
BAE (UK) 
Total S.A. (France) 
Alcoa (USA) 
Snamprogetti/ENI (Holland/Italy) 
Technip S.A. (France) 
JGC Corporation (Japan) 
Daimler AG (Germany) 
Image: Arms Folder by D Planet: http://www.flickr.com/photos/dplanet/94441584/ 
Data: http://www.fcpablog.com/blog/2014/1/10/alcoa-lands-5th-on-our-top-ten-list.html 
$579 Million 
$400 Million 
$384 Million 
$365 Million 
$338 Million 
$219 Million 
$185 Million 
$153 Million 
$395 Million 
$800 Million 
Weatherford Intl (Swiss)
Top Corporate Fines 
$8.9 Billion 
$7.0 Billion 
$4.0 Billion 
$3.0 Billion 
$2.4 Billion 
$2.3 Billion 
$2.2 Billion 
$1.6 Billion 
$1.6 Billion 
Mortgage-Backed Securities Fraud (BofA) 
Mortgage-Backed Securities Fraud (JP Morgan) 
Violating US Economic Sanctions (BNP Paribas) 
Mortgage-Backed Securities Fraud (Citigroup) 
Deepwater Horizon Oil Spill (BP) 
Drug Marketing Fraud (GlaxoSmithKline) 
Securities Fraud (Time Warner) 
Drug Marketing Fraud (Pfizer) 
Drug Marketing Fraud (Johnson & Johnson) 
Money Laundering (HBSC) 
Securities Fraud (AIG) 
Data: http://www.therichest.com/rich-list/the-biggest/busted-10-biggest-corporate-fines-ever/ 
Data: http://blogs.wsj.com/moneybeat/2013/10/19/where-j-p-morgans-settlement-sits-in-history-of-corporate-fines/ 
Image: $20 Down the Drain by Images Money: https://www.flickr.com/photos/59937401@N07/5857412037/ 
$1.9 Billion 
$16.7 Billion 
$13.0 Billion 
Bribery (Siemens)
Cigarette by SuperFantastic 
https://www.flickr.com/photos/superfantastic/166215927 
$246 Billion Settlement
Where did it all begin?
Corporate logos are property of their respective companies, used here under the 
doctrine of fair use for purposes of identification, education, and critical commentary.
Corporate logos are property of their respective companies, used here under the 
doctrine of fair use for purposes of identification, education, and critical commentary.
Pedestrians on First Avenue 1972 by Seattle Municipal Archives 
https://www.flickr.com/photos/seattlemunicipalarchives/4948398055/ 
Flashback 1970s
Image: http://en.wikipedia.org/wiki/File:Leonid_Brezhnev_and_Richard_Nixon_talks_in_1973.png 
As a work of the U.S. federal government, the image is in the public domain 
Cold War Politics
Image: B-52 Stratofortress with bombs 
http://en.wikipedia.org/wiki/File:B-52G_with_bombs.jpg 
As a work of the U.S. federal government, the image is in the public domain.
Image: Same Year Different Weather, Author Unknown, Year Unknown 
Image: http://www.designer-daily.com/10-amazing-cold-war-propaganda-posters-2901
Image: http://en.wikipedia.org/wiki/File:Nixon_Mao_1972-02-29.png 
As a work of the U.S. federal government, the image is in the public domain
Viktor Koretsky, A Solid Peace for the World!, 1965, Poster on paper. Ne boltai! Collection. 
http://blog.expositionchicago.com/art-seen-chicago/smart-museum-of-art-%E2%80%93-vision-and-communism/
Songs of the Italian Communists., revolutionary songs released on 7″ singles by the Italian label ‘i dischi del sole’ 
Image: http://waxidermy.com/canti-comunisti-italiani/
Corporate logos are property of their respective companies, used here under the 
doctrine of fair use for purposes of identification, education, and critical commentary.
Lockheed is not . . . just another 
American company. It is the largest 
U.S. defense contractor, and it 
owes its existence to federally 
guaranteed loans. It is seen 
abroad as almost an arm of 
the U.S. government. 
Washington Post, August 21, 1976
http://office.microsoft.com/en-us/images/results.aspx?qu=MP900400667&ex=2#ai:MP900400667|
A 1960 comic book cover presenting communism as the iceberg that could sink America. 
Image: http://www.designer-daily.com/examples-of-american-cold-war-propaganda-2918
Image: Secrets and corruption by Adán Sánchez de Pedro 
http://www.flickr.com/photos/aesedepece/8176804808/
President Jimmy Carter signing the Foreign Corrupt Practices Act into law in December 1977 (photo courtesy of Carter archives) 
See http://www.presidency.ucsb.edu/ws/?pid=7036 
December 1977
FCPA 
and others 
Economics 
of Bribery 
Protect 
Yourself 
Impact on 
Corporate 
Performance 
The 
Solution 
to Bribery
US FCPA 
http://office.microsoft.com/en-us/images/results.aspx?qu=flag&ex=1#mt:2|
What is the law?
What is Bribery? 
Giving or offering to give ... 
Wedding gift by julian wylegly 
https://www.flickr.com/photos/quattro_ftw/3424691075/ 
... anything of value ... 
... to obtain or retain an 
improper business 
advantage
Government Officials 
Image: Secrets and corruption by Adán Sánchez de Pedro 
http://www.flickr.com/photos/aesedepece/8176804808/
Top 10 FCPA Fines of All Time 
Siemens (Germany) 
KBR/Halliburton (USA) 
BAE (UK) 
Total S.A. (France) 
Alcoa (USA) 
Snamprogetti/ENI (Holland/Italy) 
Technip S.A. (France) 
JGC Corporation (Japan) 
Daimler AG (Germany) 
Image: Arms Folder by D Planet: http://www.flickr.com/photos/dplanet/94441584/ 
Data: http://www.fcpablog.com/blog/2014/1/10/alcoa-lands-5th-on-our-top-ten-list.html 
$579 Million 
$400 Million 
$384 Million 
$365 Million 
$338 Million 
$219 Million 
$185 Million 
$153 Million 
$395 Million 
$800 Million 
Weatherford Intl (Swiss)
Image: Greed by Liz West 
http://www.flickr.com/photos/53133240@N00/2207307656/
Image: Cut your Bills by Images of Money 
http://www.flickr.com/photos/59937401@N07/5857660216/
UK Bribery Act 
UK Flag 
http://office.microsoft.com/en-us/images/results.aspx?qu=uk+flag&ex=1#ai:MP900422830|
Facilitation Payments 
Cash By JMR Photography 
http://www.flickr.com/photos/jmrosenfeld/2903513401/
Commercial Bribery 
Meeting Nieuwe Leden by Voka Kamer van Koophandel Limburg 
http://www.flickr.com/photos/vokakvklim/4522913512/
The value of a dollar by rahims 
http://www.flickr.com/photos/rahims/2110236034/
China Bribery Amendments 
National flag of the Peoples Republic of China 
http://office.microsoft.com/en-us/images/results.aspx?qu=china+flag&ex=1#ai:MP900400801|
http://commons.wikimedia.org/wiki/File:Xi_Jinping,_Sept_19,_2012.jpg
http://en.wikipedia.org/wiki/File:Modi_at_the_69th_UN_general_assembly.jpg
http://en.wikipedia.org/wiki/File:JokowiPresidentialOath.jpg
Every Country 
Prohibits 
Bribery 
Signpost by Andrea_44 
http://www.flickr.com/photos/8431398@N04/2680944871/
Protect your company
Protect yourself
UK Border Agency raid by UK Home Office 
http://www.flickr.com/photos/49956354@N04/5114138896/ 
Individual Liability
51 
THE COURT: ...you seem like such an unlikely person to be here. 
THE DEFENDANT: I agree with that assumption. 
THE COURT: Was it just everybody was doing this? 
THE DEFENDANT: I think that's a fair comment. 
THE COURT: Where is your family, sir? 
THE DEFENDANT: My family is -- my wife and one daughter live in 
London, England. And my other daughter lives in Israel. 
. . . 
THE COURT: Is there anything more you would like to say or anything 
more you would like to ask us... 
THE DEFENDANT: Not at this time, Your Honor.... 
. . . 
THE COURT: You wish to plead guilty? 
THE DEFENDANT: I do, yes, Your Honor.
The odds of getting caught? 
http://office.microsoft.com/en-us/images/results.aspx?qu=crime&ex=1#ai:MP900440905|mt:2|
Mandatory Hotlines 
Hotline by Alex 
https://www.flickr.com/photos/eflon/3261104775
It is now possible to make a lot of 
money by being a whistleblower... 
employees who know about compliance 
problems are very, very likely to file a 
whistleblower report... 
Richard L. Cassin 
“What are the odds of getting caught?” 
January 23, 2014
Social Media 
Image: Texting waiting texting waiting by Eric Flexyourhead 
https://www.flickr.com/photos/ericflexyourhead/12896514575/
The odds of getting caught used to be 
10%. Now I think the odds of getting 
caught are probably close to 90%. 
Richard L. Cassin 
“What are the odds of getting caught?” 
January 23, 2014
UK Border Agency raid by UK Home Office 
https://www.flickr.com/photos/49956354@N04/5114138894/
Press conference by Eneas De Troya 
https://www.flickr.com/photos/eneas/3488154090
UK Border Agency raid by UK Home Office 
http://www.flickr.com/photos/49956354@N04/5114138896/
Image: Dark Room by Carlos Luz 
http://www.flickr.com/photos/carlosluzz/3934285538/
He was starved, pummelled and 
interrogated for days on end in an ice-cold 
room where sleeping, sitting or 
even leaning against a wall were 
forbidden. 
As China wages war on corruption, targets suffer abuses, Today Online, 
October 21, 2014 
http://www.todayonline.com/chinaindia/china/china-wages-war-corruption-targets-suffer-abuses? 
singlepage=true 
Image: Dark Room by Carlos Luz 
http://www.flickr.com/photos/carlosluzz/3934285538/
Image: Peter Humphrey televised confession on China's central broadcaster CNTV
FCPA 
and others 
Economics 
of Bribery 
Protect 
Yourself 
Impact on 
Corporate 
Performance 
The 
Solution 
to Bribery
Talk to the hand by John Lambert Pearson 
http://www.flickr.com/photos/orphanjones/2123340817/ 
Never Pay a Bribe to Anyone
Know your Customers 
No Pictures by Dplanet 
http://www.flickr.com/photos/dplanet/94442623/
Parlament by Convergència Democràtica de Catalunya 
http://www.flickr.com/photos/convergenciademocratica/6197445493/ 
Who is a Government Official?
Be Careful of Intermediaries 
Businessman by Kripptic 
http://www.flickr.com/photos/kripptic/1954828422/
Midvale Company employee by Kheel Center Cornell University 
http://www.flickr.com/photos/kheelcenter/5279251361/ 
Keep Accurate Records
The Problem of Fake Receipts 
Chinese Receipt by Phoebe Baker 
http://www.flickr.com/photos/phoebe_photo/5541278078/
Don’t get Trapped 
Businessman Behind Web by Internets Dairy 
http://www.flickr.com/photos/16339684@N00/2784622731/ 7 
0
11% 
11% of 
companies 
admit “firms 
like theirs” bribe 
Image: Don by D Planet : http://www.flickr.com/photos/dplanet/94442620/ 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
20% 
Corruption 
costs the 
equivalent of a 
20% tax 
Image: We Want You by D Planet: http://www.flickr.com/photos/dplanet/94442625/ 
Data: Six Questions on the Cost of Corruption With World Bank Institute Global Governance Director Daniel Kaufmann: http://go.worldbank.org/KQH743GKF1
40% 
40% of 
companies 
claim to have 
lost business to 
competitors 
who won 
contracts 
unethically 
Image: Adjust Tie by Dplanet: http://www.flickr.com/photos/dplanet/94441582/ 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
64% 
64% see bribery 
and corruption 
as having a 
negative 
impact on 
business 
Image: Don by D Planet : http://www.flickr.com/photos/dplanet/94442620/ 
Data: Association of Chartered Certified Accountants (ACCA) Combating bribery in the SME sector: http://www.accaglobal.com/en/research-insights/small-business-resource/combating-bribery.html
Bribery short-circuits the 
marketplace. Where bribes are paid, 
business is directed not to the most 
efficient producer, but to the 
most corrupt. 
Robert Dorsey 
Chairman Board of Directors 
Gulf Corporation 
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2185406
Who is making money?
The World Bank estimates that the 
equivalent of $1 trillion is offered 
in bribes every year. 
Carmen Nobel 
The Real Cost of Bribery 
Harvard Business School, Working Knowledge 
http://hbswk.hbs.edu/item/7325.html
Why do we bribe?
FCPA 
and others 
Economics 
of Bribery 
Protect 
Yourself 
Impact on 
Corporate 
Performance 
The 
Solution 
to Bribery
Economics of Bribery 
Who bribes? 
How much do they pay? 
What value do they get?
Theatrical poster for Fight Club, copyright © 1999 by 20th Century Fox. 
The copyright is owned by either the publisher or the creator of the work depicted. 
http://en.wikipedia.org/wiki/File:Fight_Club_poster.jpg
Image: St Munchins Contract Signing 60 by St Munchin's College 
http://www.flickr.com/photos/stmunchins/6864640994/
Image: Money and Magnifying Glass by Images of Money 
http://www.flickr.com/photos/59937401@N07/5858011914/
Economics of Bribery 
Who bribes? 
How much do they pay? 
What value do they get?
Who bribes?
1,388 fraud cases 
100 countries 
6 continents 
2 year period 
ACFE Report to the Nations on Occupational Fraud and Abuse (2012)
Companies 
don’t pay 
bribes. 
People pay 
bribes 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=serious#ai:MP900448686|
Fraud Triangle 
Pressure
8.4% 
8.1% 
6.5% 
6.5% 
5.3% 
4.8% 
4.7% 
4.1% 
7.9% 
19.2% 
14.8% 
14.8% 
12.6% 
18.2% 
35.6% 
31.5% 
Living Beyond Means 
Financial Difficulties 
Unusually Close with Vendor or Customer 
Control Issues, Unwilling to Share Duties 
Wheeler-Dealer Attitude 
Divorce or Family Problems 
Irritable, Suspicious, Defensive Attitude 
Addiction Problems 
Past Employment Related Problems 
Complained About Inadequate Pay 
Excessive Pressure from Organization 
Refusal to Take Vacations 
Past Legal Problems 
Complained About Lack of Authority 
Excessive Pressure from Family or Peers 
Instability in Life Circumstances 
Image: http://office.microsoft.com/en-us/images/reults.aspx?qu=MP900431223 
Data: ACFE Report to the Nations on Occupational Fraud and Abuse (2012)
Living 
Beyond Means 
Control Issues, 
Unwillingness to 
Share Duties 
Financial 
Difficulties 
Unusually Close with 
Vendor/Customer 
Wheeler-Dealer 
Attitude 
Asset 
Misappropriation 
Corruption 
Financial 
Statement 
Fraud 
ACFE Report to the Nations on Occupational Fraud and Abuse (2012) Top 5 Behavioural Red-Flags
Never a 1:1 relationship
2.0% 
1.9% 
1.4% 
1.2% 
1.1% 
0.7% 
0.6% 
0.6% 
6.9% 
5.9% 
4.2% 
3.7% 
5.7% 
12.8% 
11.9% 
17.4% 
22.0% 
Accounting 
Operations 
Sales 
Executive/Upper Management 
Customer Service 
Other 
Purchasing 
Warehousing/Inventory 
Finance 
Information Technology 
Manufacturing and Production 
Board of Directors 
Human Resources 
Marketing/Public Relations 
Research and Development 
Internal Audit 
Legal 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900422882 
Data: ACFE Report to the Nations on Occupational Fraud and Abuse (2012)
Data: ACFE Report to the Nations on Occupational Fraud and Abuse (2012) 
Male 
65% 
Female 
35% 
Gender of Perpetrators
ACFE Report to the Nations on Occupational Fraud and Abuse (2012) 
16% 
18% 
25% 
29% 
45% 
Female 52% 
18% 
55% 
48% 
Male 84% 
82% 
82% 
75% 
71% 
Europe 
Asia 
Africa 
Central & S.America 
Oceanina 
United States 
Canada 
Gender of Perpetrators
ACFE Report to the Nations on Occupational Fraud and Abuse (2012) - Scaled Risk Factor (Frequency * Amount) 
1.0 
7.4 
10.0 
9.4 
More than 10 years 
6 to 10 years 
1 to 5 years 
Less than 1 year 
Risk Factor (1-10) by Tenure
ACFE Report to the Nations on Occupational Fraud and Abuse (2012) - Scaled Risk Factor (Frequency * Amount) 
1.0 
4.1 
3.3 
10.0 
7.2 
Postgrad Degree 
College Degree 
Some College 
High School or Less 
Other 
Risk Factor (1-10) by Education
Who Pays Bribes? 
Image:http://office.microsoft.com/en-us/images/results.aspx?qu=smile&ex=1#ai:MP900424431|
*Except in Canada 
Image:http://office.microsoft.com/en-us/images/results.aspx?qu=businesswoman&ex=1#ai:MP900431737|
Reality Check
What is the percentage of men 
prosecuted by US Dept of Justice 
since January 2008? 
96.7%
What is the average age of persons 
currently in prison for FCPA 
violations? 
58
Look around your company
Economics of Bribery 
Who bribes? 
How much do they pay? 
What value do they get?
How much do they pay?
166 historical bribery incidents 
107 publically listed firms 
20 stock markets 
52 countries 
36 year time period 
Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Median Bribe 
Amount 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900442178 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
$1.06 M 
$11.43 M 
Low Rank Officials High Rank Officials 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900422532 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
$16.77 M 
$13.77 M 
$7.63 M 
$5.32 M 
$5.00 M 
$0.50 M 
$0.19 M 
Head of State 
Member of Parliament 
Government Minister 
Military Officer 
Judge 
Head of Agency 
Governor/Mayor 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900448685 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Image: http://www.flickr.com/photos/34728058@N08/4818131438/ 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012) 
1.9% 
Bribe as % of Project Awarded
1.22% 4.42% 
Bribe % 
Low Rank 
Official 
Bribe % 
High Rank 
Official 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900401019 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Economics of Bribery 
Who bribes? 
How much do they pay? 
What value do they get?
What value do they get?
Does crime pay?
What is the ROI of bribery?
Bribed and Got Caught 
http://office.microsoft.com/en-us/images/results.aspx?qu=crime&ex=1#ai:MP900440905|mt:2|
Bribed and 
got away 
with it 
http://office.microsoft.com/en-us/images/results.aspx?qu=MP900443285&ex=1
Theatrical poster for Fight Club, copyright © 1999 by 20th Century Fox. 
The copyright is owned by either the publisher or the creator of the work depicted. 
http://en.wikipedia.org/wiki/File:Fight_Club_poster.jpg
Image: http://www.fanpop.com/clubs/marlon-brando/images/9109847/title/godfather-fanart 
Don’t write if you 
can talk, don’t talk if 
you can nod your 
head, don’t nod your 
head if you don’t 
have to. 
The Family Corleone 
Prequel to Mrio Puzo's 
The Godfather
Use the records 
of firms that 
got caught 
Image: http://office.microsoft.com/en-sg/results.aspx?qu=MP900185047
I’m not interested in 
what happened 
after they got 
caught 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900414039
Look backwards in 
time... to when the 
contract was 
awarded 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900442939
Look at the time 
when they were 
bribing and getting 
away with it 
Image: http://office.microsoft.com/en-sg/results.aspx?qu=MP900430507
Example: 
In 1992, Elf Aquitaine paid $46M to bribe government 
officials to allow them to acquire German oil refinery 
assets 
At the time the deal was originally announced, Elf earned 
$327M cumulative abnormal returns or a 7x return 
(The bribe was later discovered later and numerous 
executives received jail terms in 2002-2003) 
Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Abnormal returns
Shareholder value
166 actual bribery incidents 
107 publically listed firms 
20 stock markets 
52 countries 
36 year time period 
Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
For the 166 bribes studied, 
the average return was 10.5 x 
Image: US Dollar Bill Notes: http://upload.wikimedia.org/wikipedia/commons/6/64/USDnotes.png 
Image: US Quarter http://en.wikipedia.org/wiki/File:2006_Quarter_Proof.png 
Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
10.5 X 
5.5 X 
All Bribes 
High-Rank Politicians 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
The more you pay, 
the less value you get
But that’s not 
the end of the story
Do firms that 
bribe perform 
better? 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900443251&ex=1
FCPA 
and others 
Economics 
of Bribery 
Protect 
Yourself 
Impact on 
Corporate 
Performance 
The 
Solution 
to Bribery
Bribery impact on 
corporate performance
Research 
3 years before 
and 3 years 
after 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=reports&ex=1#ai:MP900422411|mt:2|
Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 
2.70% 
5.10% 
3.20% 
0.90% 
2.30% 
1.40% 
Sales Growth 
Companies that bribe have greater sales growth 
compared to control firms 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 
-1.20% 
-1.50% 
-0.90% 
-0.70% -0.70% 
-0.60% 
-0.30% 
ROA 
Companies that bribe have poorer return on 
assets (ROA = EBIT divided by total assets) 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 
-12.10% -11.80% 
-9.70% 
-14.20% 
-10.60% 
-6.60% 
-2.40% 
Asset Turnover 
Companies that bribe have poorer asset 
turnover (sales revenue divided by total assets) 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 
-0.90% -0.90% 
-0.50% 
-0.40% 
-0.80% 
0.00% 
-0.30% 
Operating Profit Margin 
Companies that bribe have poorer operating profit 
margin compared to control firms (operating profit 
divided by sales revenue). 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 
0.00% 
-0.50% 
-0.10% 
-0.20% 
-0.40% 
-1.20% 
-0.60% 
Net Profit Margin 
Companies that bribe have poorer net profit margin 
(net income divided by sales revenue) 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 
-2.90% 
0.50% 
1.50% 1.60% 
0.30% 
-4.60% 
-6.80% 
Cumulative Abnormal Returns 
Companies that bribe have poorer cumulative abnormal 
returns (difference between the sum of the monthly 
returns for bribing firms versus control firms) 
Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
Crime does not pay 
Image: http://office.microsoft.com/en-us/images/results.aspx?qu=handcuffs#ai:MP900402864|
Bribe-paying firms 
underperform the market
Why?
Effect of Corruption 
Culture of Corruption 
Noncompliance Spill-over 
Compromised Internal Controls 
Short Term Planning 
Agency Problem 
Prisoner’s Dilemma 
Image: Reduce designed by Qing Li from the Noun Project 
http://thenounproject.com/term/reduce/20396/
Lab meeting going on by Jun Seita 
http://www.flickr.com/photos/jseita/5407005494/ 
Culture of Corruption
Noncompliance Spill-over 
Bank of England by Duncan Harris 
https://www.flickr.com/photos/duncanh1/5647094748
Hacking by Johan Viirok 
https://www.flickr.com/photos/viirok/2498157861 
Compromised Internal Controls
Check Writing by David Goehring 
http://www.flickr.com/photos/carbonnyc/2204277278 
Short Term Planning
Thug by Paleontour 
https://www.flickr.com/photos/paleontour/446315283 
Agency Problem
Prisoner’s Dilemma 
Placing the go stone by Luis de Bethencourt 
http://www.flickr.com/photos/luisbg/2094497611/
Effect of Corruption 
Culture of Corruption 
Noncompliance Spill-over 
Compromised Internal Controls 
Short Term Planning 
Agency Problem 
Prisoner’s Dilemma 
Image: Reduce designed by Qing Li from the Noun Project 
http://thenounproject.com/term/reduce/20396/
FCPA 
and others 
Economics 
of Bribery 
Protect 
Yourself 
Impact on 
Corporate 
Performance 
The 
Solution 
to Bribery
The solution to bribery
It’s only when the certainty 
of getting caught and punished 
exceeds the potential rewards 
that corruption will be stamped out. 
Peter Coleman 
Partner, Forensic, Deloitte Indonesia
Risk Versus Reward 
Image: Money Scales by Images Money 
http://www.flickr.com/photos/59937401@N07/5857910508/
Even if you don’t get caught, 
bribe-paying firms 
underperform the market
Bribery is a lose-lose 
proposition
Rational Utility-Maximizers 
Abandoned Art School 24 by Tiffany Bailey 
http://www.flickr.com/photos/xshamethestrongx/6342359807/
Image: Adam Smith’s Wealth of Nations 
see http://en.wikipedia.org/wiki/Invisible_hand
Individuals maximizing their 
own personal profit 
can benefit society as a whole 
without the need for government 
intervention. 
Adam Smith’s Wealth of Nations 
see http://en.wikipedia.org/wiki/Invisible_hand
Bribery is a lose-lose 
proposition
Talk to the Hand by NMR Photo 
http://www.flickr.com/photos/jinx1380/4983207375/
http://office.microsoft.com/en-us/images/results.aspx?qu=MP900442989&ex=1 
The Smartest Guy in the Room
Talk to the Hand by NMR Photo 
http://www.flickr.com/photos/jinx1380/4983207375/
Image: Dark Room by Carlos Luz 
http://www.flickr.com/photos/carlosluzz/3934285538/
Ethical virtue 
is the only thing 
that matters 
Socrates 
Image: http://www.britannica.com/EBchecked/topic/551948/Socrates
FCPA 
and others 
Economics 
of Bribery 
Protect 
Yourself 
Impact on 
Corporate 
Performance 
The 
Solution 
to Bribery
Source Acknowledgements 
Culture, Compliance, and the C-Suite - How Executives, Boards, and Policymakers Can Better Safeguard Against 
Misconduct at the Top 
Michael D. Greenberg, RAND Corporation (2013) 
http://www.rand.org/pubs/conf_proceedings/CF316.html 
How Much do Firms Pay as Bribes and What Benefits do They Get? - Evidence from Corruption Cases Worldwide 
Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, (March 30, 2012). 
http://ssrn.com/abstract=1772246 
Bribes and Firm Value - Evidence from Anti-Bribery Regulation 
Zeume, Stefan (August 18, 2013). 
http://ssrn.com/abstract=2179437 
Report to the Nations on Occupational Fraud and Abuse 
Association of Certified Fraud Examiners (2012) 
http://www.acfe.com/rttn.aspx 
Image Acknowledgements 
Flickr Creative Commons 
Images from Flickr Creative Commons are used under Creative Commons license 
http://www.flickr.com/creativecommons/ 
Microsoft Office Online 
Images from microsoft.com are used with permission from Microsoft; no rights to further license or distribute 
http://office.microsoft.com/en-us/images/ 
All images have been modified from their original version by cropping, resizing, 
recoloring, or reformatting to match the slide layout and style. 
All other sources and images are acknowledged where they appear
About the Author 
Professor Pesik 
Eric Pesik is an Adjunct Assistant Professor with the University at Buffalo, State 
University of New York, in the School of Management. He is also the Associate 
General Counsel and Compliance Officer for Seagate Singapore International 
Headquarters Pte Ltd. This work represents the opinions of the author alone, 
and not the opinion his employer or clients. Many of his presentations are 
available online: http://www.slideshare.net/ericpesik/presentations/ 
Presentation Background 
This lecture was originally presented on October 25, 2014 at the University at 
Buffalo’s Executive MBA class “International Business Law, Politics, & Ethics,” 
Module 13, MGT 612, Intake 18, at SIM Management House , Singapore Institute 
of Management, 41 Namly Avenue, Singapore 267616 
Creative Commons Attribution License 
You are free to share, copy, distribute, and transmit this work; to remix or adapt 
this work; and to make commercial use of this work, under the condition that 
you must attribute this work to Eric Pesik (but not in any way that suggests that 
I endorse you or your use of this work). Each slide contains source attributions 
and URL; before reusing, you must obtain the original images from the original 
sources, and you must comply with any applicable license restrictions imposed 
by the original source. http://creativecommons.org/licenses/by/4.0/

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US Foreign Corrupt Practices Act and the Economics of Bribery by @EricPesik

  • 1. US Foreign Corrupt Practices Act and the Economics of Bribery Eric R. Pesik Adjunct Assistant Professor, School of Management University at Buffalo, The State University of New York Image: Money in hand - Stock Image from iStockPhoto http://www.istockphoto.com/photo/money-in-hand-2484226
  • 2. This lecture was originally presented by Eric Pesik, Adjunct Assistant Professor University at Buffalo, State University of New York School of Management October 25, 2014 International Executive MBA Program International Business Law, Politics, & Ethics Module 13, MGT 612, Intake 18 SIM Management House Singapore Institute of Management 41 Namly Avenue, Singapore 267616
  • 3. FCPA and others Economics of Bribery Protect Yourself Impact on Corporate Performance The Solution to Bribery
  • 4. NBC News by Anthony Quintano by OFFICIAL LeWEB PHOTOS http://www.flickr.com/photos/quintanomedia/4878251402/ Current Events
  • 5. Glaxo Smith Kline Building at Brentford by Maxwell Hamilton https://www.flickr.com/photos/mualphachi/4938443323
  • 7. China RMB by Eric Pesik https://www.flickr.com/photos/pesik/15418462009/
  • 8. Walmart by Mike Mozart https://www.flickr.com/photos/jeepersmedia/13753807413/
  • 9. Teotihuacan - Pyramid of the Moon by Artotem https://www.flickr.com/photos/artotemsco/11177757606/
  • 10. Siemens Schweiz by Surber https://www.flickr.com/photos/44431572@N00/4042504420
  • 11. Euros by Images of Money http://www.flickr.com/photos/59937401@N07/5930032284/
  • 12. Top 10 FCPA Fines of All Time Siemens (Germany) KBR/Halliburton (USA) BAE (UK) Total S.A. (France) Alcoa (USA) Snamprogetti/ENI (Holland/Italy) Technip S.A. (France) JGC Corporation (Japan) Daimler AG (Germany) Image: Arms Folder by D Planet: http://www.flickr.com/photos/dplanet/94441584/ Data: http://www.fcpablog.com/blog/2014/1/10/alcoa-lands-5th-on-our-top-ten-list.html $579 Million $400 Million $384 Million $365 Million $338 Million $219 Million $185 Million $153 Million $395 Million $800 Million Weatherford Intl (Swiss)
  • 13. Top Corporate Fines $8.9 Billion $7.0 Billion $4.0 Billion $3.0 Billion $2.4 Billion $2.3 Billion $2.2 Billion $1.6 Billion $1.6 Billion Mortgage-Backed Securities Fraud (BofA) Mortgage-Backed Securities Fraud (JP Morgan) Violating US Economic Sanctions (BNP Paribas) Mortgage-Backed Securities Fraud (Citigroup) Deepwater Horizon Oil Spill (BP) Drug Marketing Fraud (GlaxoSmithKline) Securities Fraud (Time Warner) Drug Marketing Fraud (Pfizer) Drug Marketing Fraud (Johnson & Johnson) Money Laundering (HBSC) Securities Fraud (AIG) Data: http://www.therichest.com/rich-list/the-biggest/busted-10-biggest-corporate-fines-ever/ Data: http://blogs.wsj.com/moneybeat/2013/10/19/where-j-p-morgans-settlement-sits-in-history-of-corporate-fines/ Image: $20 Down the Drain by Images Money: https://www.flickr.com/photos/59937401@N07/5857412037/ $1.9 Billion $16.7 Billion $13.0 Billion Bribery (Siemens)
  • 14. Cigarette by SuperFantastic https://www.flickr.com/photos/superfantastic/166215927 $246 Billion Settlement
  • 15. Where did it all begin?
  • 16. Corporate logos are property of their respective companies, used here under the doctrine of fair use for purposes of identification, education, and critical commentary.
  • 17. Corporate logos are property of their respective companies, used here under the doctrine of fair use for purposes of identification, education, and critical commentary.
  • 18. Pedestrians on First Avenue 1972 by Seattle Municipal Archives https://www.flickr.com/photos/seattlemunicipalarchives/4948398055/ Flashback 1970s
  • 19. Image: http://en.wikipedia.org/wiki/File:Leonid_Brezhnev_and_Richard_Nixon_talks_in_1973.png As a work of the U.S. federal government, the image is in the public domain Cold War Politics
  • 20. Image: B-52 Stratofortress with bombs http://en.wikipedia.org/wiki/File:B-52G_with_bombs.jpg As a work of the U.S. federal government, the image is in the public domain.
  • 21. Image: Same Year Different Weather, Author Unknown, Year Unknown Image: http://www.designer-daily.com/10-amazing-cold-war-propaganda-posters-2901
  • 22. Image: http://en.wikipedia.org/wiki/File:Nixon_Mao_1972-02-29.png As a work of the U.S. federal government, the image is in the public domain
  • 23. Viktor Koretsky, A Solid Peace for the World!, 1965, Poster on paper. Ne boltai! Collection. http://blog.expositionchicago.com/art-seen-chicago/smart-museum-of-art-%E2%80%93-vision-and-communism/
  • 24. Songs of the Italian Communists., revolutionary songs released on 7″ singles by the Italian label ‘i dischi del sole’ Image: http://waxidermy.com/canti-comunisti-italiani/
  • 25. Corporate logos are property of their respective companies, used here under the doctrine of fair use for purposes of identification, education, and critical commentary.
  • 26. Lockheed is not . . . just another American company. It is the largest U.S. defense contractor, and it owes its existence to federally guaranteed loans. It is seen abroad as almost an arm of the U.S. government. Washington Post, August 21, 1976
  • 28. A 1960 comic book cover presenting communism as the iceberg that could sink America. Image: http://www.designer-daily.com/examples-of-american-cold-war-propaganda-2918
  • 29. Image: Secrets and corruption by Adán Sánchez de Pedro http://www.flickr.com/photos/aesedepece/8176804808/
  • 30. President Jimmy Carter signing the Foreign Corrupt Practices Act into law in December 1977 (photo courtesy of Carter archives) See http://www.presidency.ucsb.edu/ws/?pid=7036 December 1977
  • 31. FCPA and others Economics of Bribery Protect Yourself Impact on Corporate Performance The Solution to Bribery
  • 33. What is the law?
  • 34. What is Bribery? Giving or offering to give ... Wedding gift by julian wylegly https://www.flickr.com/photos/quattro_ftw/3424691075/ ... anything of value ... ... to obtain or retain an improper business advantage
  • 35. Government Officials Image: Secrets and corruption by Adán Sánchez de Pedro http://www.flickr.com/photos/aesedepece/8176804808/
  • 36. Top 10 FCPA Fines of All Time Siemens (Germany) KBR/Halliburton (USA) BAE (UK) Total S.A. (France) Alcoa (USA) Snamprogetti/ENI (Holland/Italy) Technip S.A. (France) JGC Corporation (Japan) Daimler AG (Germany) Image: Arms Folder by D Planet: http://www.flickr.com/photos/dplanet/94441584/ Data: http://www.fcpablog.com/blog/2014/1/10/alcoa-lands-5th-on-our-top-ten-list.html $579 Million $400 Million $384 Million $365 Million $338 Million $219 Million $185 Million $153 Million $395 Million $800 Million Weatherford Intl (Swiss)
  • 37. Image: Greed by Liz West http://www.flickr.com/photos/53133240@N00/2207307656/
  • 38. Image: Cut your Bills by Images of Money http://www.flickr.com/photos/59937401@N07/5857660216/
  • 39. UK Bribery Act UK Flag http://office.microsoft.com/en-us/images/results.aspx?qu=uk+flag&ex=1#ai:MP900422830|
  • 40. Facilitation Payments Cash By JMR Photography http://www.flickr.com/photos/jmrosenfeld/2903513401/
  • 41. Commercial Bribery Meeting Nieuwe Leden by Voka Kamer van Koophandel Limburg http://www.flickr.com/photos/vokakvklim/4522913512/
  • 42. The value of a dollar by rahims http://www.flickr.com/photos/rahims/2110236034/
  • 43. China Bribery Amendments National flag of the Peoples Republic of China http://office.microsoft.com/en-us/images/results.aspx?qu=china+flag&ex=1#ai:MP900400801|
  • 47. Every Country Prohibits Bribery Signpost by Andrea_44 http://www.flickr.com/photos/8431398@N04/2680944871/
  • 50. UK Border Agency raid by UK Home Office http://www.flickr.com/photos/49956354@N04/5114138896/ Individual Liability
  • 51. 51 THE COURT: ...you seem like such an unlikely person to be here. THE DEFENDANT: I agree with that assumption. THE COURT: Was it just everybody was doing this? THE DEFENDANT: I think that's a fair comment. THE COURT: Where is your family, sir? THE DEFENDANT: My family is -- my wife and one daughter live in London, England. And my other daughter lives in Israel. . . . THE COURT: Is there anything more you would like to say or anything more you would like to ask us... THE DEFENDANT: Not at this time, Your Honor.... . . . THE COURT: You wish to plead guilty? THE DEFENDANT: I do, yes, Your Honor.
  • 52. The odds of getting caught? http://office.microsoft.com/en-us/images/results.aspx?qu=crime&ex=1#ai:MP900440905|mt:2|
  • 53. Mandatory Hotlines Hotline by Alex https://www.flickr.com/photos/eflon/3261104775
  • 54. It is now possible to make a lot of money by being a whistleblower... employees who know about compliance problems are very, very likely to file a whistleblower report... Richard L. Cassin “What are the odds of getting caught?” January 23, 2014
  • 55. Social Media Image: Texting waiting texting waiting by Eric Flexyourhead https://www.flickr.com/photos/ericflexyourhead/12896514575/
  • 56. The odds of getting caught used to be 10%. Now I think the odds of getting caught are probably close to 90%. Richard L. Cassin “What are the odds of getting caught?” January 23, 2014
  • 57. UK Border Agency raid by UK Home Office https://www.flickr.com/photos/49956354@N04/5114138894/
  • 58. Press conference by Eneas De Troya https://www.flickr.com/photos/eneas/3488154090
  • 59. UK Border Agency raid by UK Home Office http://www.flickr.com/photos/49956354@N04/5114138896/
  • 60. Image: Dark Room by Carlos Luz http://www.flickr.com/photos/carlosluzz/3934285538/
  • 61. He was starved, pummelled and interrogated for days on end in an ice-cold room where sleeping, sitting or even leaning against a wall were forbidden. As China wages war on corruption, targets suffer abuses, Today Online, October 21, 2014 http://www.todayonline.com/chinaindia/china/china-wages-war-corruption-targets-suffer-abuses? singlepage=true Image: Dark Room by Carlos Luz http://www.flickr.com/photos/carlosluzz/3934285538/
  • 62. Image: Peter Humphrey televised confession on China's central broadcaster CNTV
  • 63. FCPA and others Economics of Bribery Protect Yourself Impact on Corporate Performance The Solution to Bribery
  • 64. Talk to the hand by John Lambert Pearson http://www.flickr.com/photos/orphanjones/2123340817/ Never Pay a Bribe to Anyone
  • 65. Know your Customers No Pictures by Dplanet http://www.flickr.com/photos/dplanet/94442623/
  • 66. Parlament by Convergència Democràtica de Catalunya http://www.flickr.com/photos/convergenciademocratica/6197445493/ Who is a Government Official?
  • 67. Be Careful of Intermediaries Businessman by Kripptic http://www.flickr.com/photos/kripptic/1954828422/
  • 68. Midvale Company employee by Kheel Center Cornell University http://www.flickr.com/photos/kheelcenter/5279251361/ Keep Accurate Records
  • 69. The Problem of Fake Receipts Chinese Receipt by Phoebe Baker http://www.flickr.com/photos/phoebe_photo/5541278078/
  • 70. Don’t get Trapped Businessman Behind Web by Internets Dairy http://www.flickr.com/photos/16339684@N00/2784622731/ 7 0
  • 71. 11% 11% of companies admit “firms like theirs” bribe Image: Don by D Planet : http://www.flickr.com/photos/dplanet/94442620/ Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 72. 20% Corruption costs the equivalent of a 20% tax Image: We Want You by D Planet: http://www.flickr.com/photos/dplanet/94442625/ Data: Six Questions on the Cost of Corruption With World Bank Institute Global Governance Director Daniel Kaufmann: http://go.worldbank.org/KQH743GKF1
  • 73. 40% 40% of companies claim to have lost business to competitors who won contracts unethically Image: Adjust Tie by Dplanet: http://www.flickr.com/photos/dplanet/94441582/ Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 74. 64% 64% see bribery and corruption as having a negative impact on business Image: Don by D Planet : http://www.flickr.com/photos/dplanet/94442620/ Data: Association of Chartered Certified Accountants (ACCA) Combating bribery in the SME sector: http://www.accaglobal.com/en/research-insights/small-business-resource/combating-bribery.html
  • 75. Bribery short-circuits the marketplace. Where bribes are paid, business is directed not to the most efficient producer, but to the most corrupt. Robert Dorsey Chairman Board of Directors Gulf Corporation http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2185406
  • 76. Who is making money?
  • 77. The World Bank estimates that the equivalent of $1 trillion is offered in bribes every year. Carmen Nobel The Real Cost of Bribery Harvard Business School, Working Knowledge http://hbswk.hbs.edu/item/7325.html
  • 78. Why do we bribe?
  • 79. FCPA and others Economics of Bribery Protect Yourself Impact on Corporate Performance The Solution to Bribery
  • 80. Economics of Bribery Who bribes? How much do they pay? What value do they get?
  • 81. Theatrical poster for Fight Club, copyright © 1999 by 20th Century Fox. The copyright is owned by either the publisher or the creator of the work depicted. http://en.wikipedia.org/wiki/File:Fight_Club_poster.jpg
  • 82. Image: St Munchins Contract Signing 60 by St Munchin's College http://www.flickr.com/photos/stmunchins/6864640994/
  • 83. Image: Money and Magnifying Glass by Images of Money http://www.flickr.com/photos/59937401@N07/5858011914/
  • 84. Economics of Bribery Who bribes? How much do they pay? What value do they get?
  • 86. 1,388 fraud cases 100 countries 6 continents 2 year period ACFE Report to the Nations on Occupational Fraud and Abuse (2012)
  • 87. Companies don’t pay bribes. People pay bribes Image: http://office.microsoft.com/en-us/images/results.aspx?qu=serious#ai:MP900448686|
  • 89. 8.4% 8.1% 6.5% 6.5% 5.3% 4.8% 4.7% 4.1% 7.9% 19.2% 14.8% 14.8% 12.6% 18.2% 35.6% 31.5% Living Beyond Means Financial Difficulties Unusually Close with Vendor or Customer Control Issues, Unwilling to Share Duties Wheeler-Dealer Attitude Divorce or Family Problems Irritable, Suspicious, Defensive Attitude Addiction Problems Past Employment Related Problems Complained About Inadequate Pay Excessive Pressure from Organization Refusal to Take Vacations Past Legal Problems Complained About Lack of Authority Excessive Pressure from Family or Peers Instability in Life Circumstances Image: http://office.microsoft.com/en-us/images/reults.aspx?qu=MP900431223 Data: ACFE Report to the Nations on Occupational Fraud and Abuse (2012)
  • 90. Living Beyond Means Control Issues, Unwillingness to Share Duties Financial Difficulties Unusually Close with Vendor/Customer Wheeler-Dealer Attitude Asset Misappropriation Corruption Financial Statement Fraud ACFE Report to the Nations on Occupational Fraud and Abuse (2012) Top 5 Behavioural Red-Flags
  • 91. Never a 1:1 relationship
  • 92. 2.0% 1.9% 1.4% 1.2% 1.1% 0.7% 0.6% 0.6% 6.9% 5.9% 4.2% 3.7% 5.7% 12.8% 11.9% 17.4% 22.0% Accounting Operations Sales Executive/Upper Management Customer Service Other Purchasing Warehousing/Inventory Finance Information Technology Manufacturing and Production Board of Directors Human Resources Marketing/Public Relations Research and Development Internal Audit Legal Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900422882 Data: ACFE Report to the Nations on Occupational Fraud and Abuse (2012)
  • 93. Data: ACFE Report to the Nations on Occupational Fraud and Abuse (2012) Male 65% Female 35% Gender of Perpetrators
  • 94. ACFE Report to the Nations on Occupational Fraud and Abuse (2012) 16% 18% 25% 29% 45% Female 52% 18% 55% 48% Male 84% 82% 82% 75% 71% Europe Asia Africa Central & S.America Oceanina United States Canada Gender of Perpetrators
  • 95. ACFE Report to the Nations on Occupational Fraud and Abuse (2012) - Scaled Risk Factor (Frequency * Amount) 1.0 7.4 10.0 9.4 More than 10 years 6 to 10 years 1 to 5 years Less than 1 year Risk Factor (1-10) by Tenure
  • 96. ACFE Report to the Nations on Occupational Fraud and Abuse (2012) - Scaled Risk Factor (Frequency * Amount) 1.0 4.1 3.3 10.0 7.2 Postgrad Degree College Degree Some College High School or Less Other Risk Factor (1-10) by Education
  • 97. Who Pays Bribes? Image:http://office.microsoft.com/en-us/images/results.aspx?qu=smile&ex=1#ai:MP900424431|
  • 98. *Except in Canada Image:http://office.microsoft.com/en-us/images/results.aspx?qu=businesswoman&ex=1#ai:MP900431737|
  • 100. What is the percentage of men prosecuted by US Dept of Justice since January 2008? 96.7%
  • 101. What is the average age of persons currently in prison for FCPA violations? 58
  • 102. Look around your company
  • 103. Economics of Bribery Who bribes? How much do they pay? What value do they get?
  • 104. How much do they pay?
  • 105. 166 historical bribery incidents 107 publically listed firms 20 stock markets 52 countries 36 year time period Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 106. Median Bribe Amount Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900442178 Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 107. $1.06 M $11.43 M Low Rank Officials High Rank Officials Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900422532 Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 108. $16.77 M $13.77 M $7.63 M $5.32 M $5.00 M $0.50 M $0.19 M Head of State Member of Parliament Government Minister Military Officer Judge Head of Agency Governor/Mayor Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900448685 Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 109. Image: http://www.flickr.com/photos/34728058@N08/4818131438/ Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012) 1.9% Bribe as % of Project Awarded
  • 110. 1.22% 4.42% Bribe % Low Rank Official Bribe % High Rank Official Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900401019 Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 111. Economics of Bribery Who bribes? How much do they pay? What value do they get?
  • 112. What value do they get?
  • 114. What is the ROI of bribery?
  • 115. Bribed and Got Caught http://office.microsoft.com/en-us/images/results.aspx?qu=crime&ex=1#ai:MP900440905|mt:2|
  • 116. Bribed and got away with it http://office.microsoft.com/en-us/images/results.aspx?qu=MP900443285&ex=1
  • 117. Theatrical poster for Fight Club, copyright © 1999 by 20th Century Fox. The copyright is owned by either the publisher or the creator of the work depicted. http://en.wikipedia.org/wiki/File:Fight_Club_poster.jpg
  • 118. Image: http://www.fanpop.com/clubs/marlon-brando/images/9109847/title/godfather-fanart Don’t write if you can talk, don’t talk if you can nod your head, don’t nod your head if you don’t have to. The Family Corleone Prequel to Mrio Puzo's The Godfather
  • 119. Use the records of firms that got caught Image: http://office.microsoft.com/en-sg/results.aspx?qu=MP900185047
  • 120. I’m not interested in what happened after they got caught Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900414039
  • 121. Look backwards in time... to when the contract was awarded Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900442939
  • 122. Look at the time when they were bribing and getting away with it Image: http://office.microsoft.com/en-sg/results.aspx?qu=MP900430507
  • 123. Example: In 1992, Elf Aquitaine paid $46M to bribe government officials to allow them to acquire German oil refinery assets At the time the deal was originally announced, Elf earned $327M cumulative abnormal returns or a 7x return (The bribe was later discovered later and numerous executives received jail terms in 2002-2003) Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 126. 166 actual bribery incidents 107 publically listed firms 20 stock markets 52 countries 36 year time period Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 127. For the 166 bribes studied, the average return was 10.5 x Image: US Dollar Bill Notes: http://upload.wikimedia.org/wikipedia/commons/6/64/USDnotes.png Image: US Quarter http://en.wikipedia.org/wiki/File:2006_Quarter_Proof.png Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 128. 10.5 X 5.5 X All Bribes High-Rank Politicians Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 129. The more you pay, the less value you get
  • 130. But that’s not the end of the story
  • 131. Do firms that bribe perform better? Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900443251&ex=1
  • 132. FCPA and others Economics of Bribery Protect Yourself Impact on Corporate Performance The Solution to Bribery
  • 133. Bribery impact on corporate performance
  • 134. Research 3 years before and 3 years after Image: http://office.microsoft.com/en-us/images/results.aspx?qu=reports&ex=1#ai:MP900422411|mt:2|
  • 135. Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 2.70% 5.10% 3.20% 0.90% 2.30% 1.40% Sales Growth Companies that bribe have greater sales growth compared to control firms Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 136. Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 -1.20% -1.50% -0.90% -0.70% -0.70% -0.60% -0.30% ROA Companies that bribe have poorer return on assets (ROA = EBIT divided by total assets) Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 137. Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 -12.10% -11.80% -9.70% -14.20% -10.60% -6.60% -2.40% Asset Turnover Companies that bribe have poorer asset turnover (sales revenue divided by total assets) Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 138. Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 -0.90% -0.90% -0.50% -0.40% -0.80% 0.00% -0.30% Operating Profit Margin Companies that bribe have poorer operating profit margin compared to control firms (operating profit divided by sales revenue). Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 139. Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 0.00% -0.50% -0.10% -0.20% -0.40% -1.20% -0.60% Net Profit Margin Companies that bribe have poorer net profit margin (net income divided by sales revenue) Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 140. Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3 -2.90% 0.50% 1.50% 1.60% 0.30% -4.60% -6.80% Cumulative Abnormal Returns Companies that bribe have poorer cumulative abnormal returns (difference between the sum of the monthly returns for bribing firms versus control firms) Data: Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)
  • 141. Crime does not pay Image: http://office.microsoft.com/en-us/images/results.aspx?qu=handcuffs#ai:MP900402864|
  • 143. Why?
  • 144. Effect of Corruption Culture of Corruption Noncompliance Spill-over Compromised Internal Controls Short Term Planning Agency Problem Prisoner’s Dilemma Image: Reduce designed by Qing Li from the Noun Project http://thenounproject.com/term/reduce/20396/
  • 145. Lab meeting going on by Jun Seita http://www.flickr.com/photos/jseita/5407005494/ Culture of Corruption
  • 146. Noncompliance Spill-over Bank of England by Duncan Harris https://www.flickr.com/photos/duncanh1/5647094748
  • 147. Hacking by Johan Viirok https://www.flickr.com/photos/viirok/2498157861 Compromised Internal Controls
  • 148. Check Writing by David Goehring http://www.flickr.com/photos/carbonnyc/2204277278 Short Term Planning
  • 149. Thug by Paleontour https://www.flickr.com/photos/paleontour/446315283 Agency Problem
  • 150. Prisoner’s Dilemma Placing the go stone by Luis de Bethencourt http://www.flickr.com/photos/luisbg/2094497611/
  • 151. Effect of Corruption Culture of Corruption Noncompliance Spill-over Compromised Internal Controls Short Term Planning Agency Problem Prisoner’s Dilemma Image: Reduce designed by Qing Li from the Noun Project http://thenounproject.com/term/reduce/20396/
  • 152. FCPA and others Economics of Bribery Protect Yourself Impact on Corporate Performance The Solution to Bribery
  • 153. The solution to bribery
  • 154. It’s only when the certainty of getting caught and punished exceeds the potential rewards that corruption will be stamped out. Peter Coleman Partner, Forensic, Deloitte Indonesia
  • 155. Risk Versus Reward Image: Money Scales by Images Money http://www.flickr.com/photos/59937401@N07/5857910508/
  • 156. Even if you don’t get caught, bribe-paying firms underperform the market
  • 157. Bribery is a lose-lose proposition
  • 158. Rational Utility-Maximizers Abandoned Art School 24 by Tiffany Bailey http://www.flickr.com/photos/xshamethestrongx/6342359807/
  • 159. Image: Adam Smith’s Wealth of Nations see http://en.wikipedia.org/wiki/Invisible_hand
  • 160. Individuals maximizing their own personal profit can benefit society as a whole without the need for government intervention. Adam Smith’s Wealth of Nations see http://en.wikipedia.org/wiki/Invisible_hand
  • 161. Bribery is a lose-lose proposition
  • 162. Talk to the Hand by NMR Photo http://www.flickr.com/photos/jinx1380/4983207375/
  • 164. Talk to the Hand by NMR Photo http://www.flickr.com/photos/jinx1380/4983207375/
  • 165. Image: Dark Room by Carlos Luz http://www.flickr.com/photos/carlosluzz/3934285538/
  • 166. Ethical virtue is the only thing that matters Socrates Image: http://www.britannica.com/EBchecked/topic/551948/Socrates
  • 167. FCPA and others Economics of Bribery Protect Yourself Impact on Corporate Performance The Solution to Bribery
  • 168. Source Acknowledgements Culture, Compliance, and the C-Suite - How Executives, Boards, and Policymakers Can Better Safeguard Against Misconduct at the Top Michael D. Greenberg, RAND Corporation (2013) http://www.rand.org/pubs/conf_proceedings/CF316.html How Much do Firms Pay as Bribes and What Benefits do They Get? - Evidence from Corruption Cases Worldwide Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, (March 30, 2012). http://ssrn.com/abstract=1772246 Bribes and Firm Value - Evidence from Anti-Bribery Regulation Zeume, Stefan (August 18, 2013). http://ssrn.com/abstract=2179437 Report to the Nations on Occupational Fraud and Abuse Association of Certified Fraud Examiners (2012) http://www.acfe.com/rttn.aspx Image Acknowledgements Flickr Creative Commons Images from Flickr Creative Commons are used under Creative Commons license http://www.flickr.com/creativecommons/ Microsoft Office Online Images from microsoft.com are used with permission from Microsoft; no rights to further license or distribute http://office.microsoft.com/en-us/images/ All images have been modified from their original version by cropping, resizing, recoloring, or reformatting to match the slide layout and style. All other sources and images are acknowledged where they appear
  • 169. About the Author Professor Pesik Eric Pesik is an Adjunct Assistant Professor with the University at Buffalo, State University of New York, in the School of Management. He is also the Associate General Counsel and Compliance Officer for Seagate Singapore International Headquarters Pte Ltd. This work represents the opinions of the author alone, and not the opinion his employer or clients. Many of his presentations are available online: http://www.slideshare.net/ericpesik/presentations/ Presentation Background This lecture was originally presented on October 25, 2014 at the University at Buffalo’s Executive MBA class “International Business Law, Politics, & Ethics,” Module 13, MGT 612, Intake 18, at SIM Management House , Singapore Institute of Management, 41 Namly Avenue, Singapore 267616 Creative Commons Attribution License You are free to share, copy, distribute, and transmit this work; to remix or adapt this work; and to make commercial use of this work, under the condition that you must attribute this work to Eric Pesik (but not in any way that suggests that I endorse you or your use of this work). Each slide contains source attributions and URL; before reusing, you must obtain the original images from the original sources, and you must comply with any applicable license restrictions imposed by the original source. http://creativecommons.org/licenses/by/4.0/