...Lobbying VS Bribery Legal and Ethical Environment of Business BUSN150 Unit 1 IP 03/23/2012 Certification of Authorship: I certify that I am the author of this paper and that any assistance I received in its preparation is fully acknowledged and disclosed in the paper. I have also cited any sources from which I used data, ideas, words, either quoted directly or paraphrased. I also certify that this paper was prepared by me especially for this course. Student Signature: ____________________________________ When speaking in terms of a legal and ethics business environments you have two debated legal and ethical issues, which are differentiating the differences between “lobbying” and “bribery”. The difference between the two is “lobbying” is the act of supporters of who agree with your opinion and have a particular interest in which you’re pursuing. With that they will take in consideration and appeal on your behalf towards changing certain policies and laws and campaign for the change you would like to see. On the other end “bribery” is persuading someone of who might be against your decisions or ideas of changes by convincing them in offerings of financial gifts, or certain incentives that may influence them to be all for your decisions rather than against. “Difference Between” (Clarisse 2011.) According to justice.gov The Foreign Corrupt Practices Act (FCPA) was enacted for the purposes of making it unlawful for certain classes of persons to make payments to...
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...an opportunity of a life time. They were nominated to host the 2002 winter Olympics. This would represent the state of Utah and the United States as a whole. Some might agree that these practices of bribery were illegal and unethical, as they gave gift to the International Olympic Committee IOC. While others might question, was this an illegal act of bribery or just a simple act of lobbying? Lobbying is when someone (in this case SLOC) tries to influence members of a legislative body to vote in favor of something (in this case hosting of the Olympics). So if one were to examine the idea that SLOC were “lobbying” this would mean that they were trying to influence or convince individuals to vote in favor of them hosting the winter Olympics in 2002. Now in order for this act of giving gifts and capital to be legal they would have had to influence a body of people relevant to the decision of who would host the Olympics, proving to them that they are a worthy candidate. This is the difference between lobbying and bribery. Lobbying is proving through facts and experience that the candidate is worthy without the recipient being obligated to act in their favor, while bribery is just paying for a position because the recipient is normally obligated to act in the favor of the giver. Bribery is offering money or gifts for political action. When SLOC gave the gifts and capital it was with the expectation...
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...While some people might believe that lobbying and bribery is wrong that depends upon the individual involved and probably the circumstances. Lobbying began in the 1830; the term lobbying is derived from the corridors and foyers of legislative chambers which are other wise as lobbies. Representative of special interest groups coming together to discuss issues in the lobbies of Congress and Legislature. Since that time lobbying has become the practice and profession of influencing government decisions and actions. Lobbying has become the practice for the agents of pressure groups gathering together to persuade legislators to support legislation favorable to them. Overall you can say lobbying is any sort of approach to obtain needed support. Bribery is the offering, giving, receiving, or soliciting something of value for the purposing of influencing the action of an official or individual. Most time a bribe is done when one wants to have their public or legal duties discharged. Usually bribery involves transferring cash or personal favors, the promise of paying at a later time and giving anything that the recipient deems to be of value. Bribery is a serious felony I most jurisdiction. The difference between the two is significant. Although both of these are used for personal gain; in lobbying there is no exchange of monies. In lobbying pressure groups mostly uses the power of persuasion to obtain the required result. Bribery though is a much different matter; monies...
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...Business of the Olympics and Bribery Unit 2 IP- International Legal and Ethical Issues in Business Rachel Davis American Intercontinental University The Big Business of the Olympics and Bribery Since the winter of November 1998, there have been serious allegations made regarding the involvement of the Salt Lake Organizing Committee and the questionable lobbying methods which were used to entice the International Olympics Committee to select Salt Lake City as the site of the 2002 Winter Olympics. There can be a very fine line between what is considered lobbying and bribery, and this situation walks this line narrowly. There are few differences between the acts of bribery and lobbying, but the few details are enough to separate one from legal implications. Lobbying is typically described as giving money as contribution to political groups in exchange for hoped-for favorable treatment when certain legislative and political decisions are made (Lobbying vs. Bribery,2010). When a business, corporation, or individual gives property or money in exchange for a specific return, it is considered bribery (Lobbying vs. Bribery, 2010). It can also be said that lobbying is, in many cases, looked at as an attempt to change existing rules or policies, while bribery is usually an attempt to get around these rules or policies (Bribe or Lobby?(it's a matter of development), 2005). Any argument that could be made by the SLOC defending their payments as justified lobbying would be futile. There...
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...American Political Science Review Vol. 105, No. 1 February 2011 doi:10.1017/S0003055410000523 Bribes, Lobbying, and Development BARD HARSTAD Northwestern University JAKOB SVENSSON Stockholm University hen faced with a regulatory constraint, firms can either comply, bribe the regulator to get around the rule, or lobby the government to relax it. We analyze this choice, and its consequences, in a simple dynamic model. In equilibrium, when the level of development is low, firms are more inclined to bend the rule through bribery but they tend to switch to lobbying when the level of development is sufficiently high. Bribery, however, is associated with holdup problems, which discourage firms from investing. If the holdup problems are severe, firms will never invest enough to make lobbying worthwhile. The country may then be stuck in a poverty trap with bribery forever. The model can account for the common perception that bribery is relatively more common in poor countries, whereas lobbying is relatively more common in rich ones. In India, as elsewhere in the developing world, the old business of corruption is meeting a new rival: the Washington-style business of persuasion — –International Herald Tribune, May 31, 2006 ◦ W L obbying and corruption have been the subject of tremendous public interest and research. Surprisingly, these two means of influencing regulation have either been studied separately or viewed as basically being one and the same. The question of...
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...Committee (SLOC) in order to ensure that the Olympic Games would indeed be hosted by Salt Lake City. There were forced resignations of the leaders of the SLOC, including the mayor. In this paper, we will discuss the difference between bribery and lobbying, possible arguments against the idea of bribery, and consequences that should have been implemented other than just resigning from a position of power. In order to understand the difference between lobbying and bribery, we must first know what each is respectively. Lobbying is a general term that refers to the act of attempting to impact or influence members of a legislative group to vote in favor of a particular proposition or law. In most cases, lobbying just involves political support offered in return for positive influence or actions. Lobbying is legal in most governments, and does not include any type monetary or financial trade off. Bribery, on the other hand, is a horse of a different color. Bribery involves the offering of money, usually in the form of cash, in return for positive political actions or influence. Monetary contributions are made to a particular group with the expectation that the group’s agenda will be favored in a political or legislative decision. Simply put, bribery is an illegal act of trading money for votes in favor of a specific agenda. There are several possible arguments that SLOC members could...
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...Unit 1 – Ethics, Morality and Legalities Abstract This paper will attempt to dissect the fine line between lobbying and bribery and give some direction as to where one ends and the other begins with relationship to ethics, morality and legalities. Unit 1 - Ethics, Morality and Legalities 1. What is the difference between lobbying and bribery? Meriam-Websters online dictionary. (2011). Defines bribe(ry) as money or favor given to influence the judgment or conduct of a person in a position of trust. Meriam-Websters online dictionary. (2011). Defines lobbying as conducting activities aimed at influencing public officials and especially members of a legislative body on legislation. Based upon the previous definitions of bribery and lobbying it is hard to tell the difference between the two. However, upon closer inspection bribery clearly defines what cannot be done and lobbying is simply conducting activities to influence public official or legislative bodies. Jrank.org. (2011) states that lobbying is considered so essential to the proper functioning of the U.S Government that is specifically protected by the First Amendment of the U.S Constitution. 2. What argument cold the SLOC members make that the payments made do not fit the definition of an illegal bribe (under the FCPA)? SLOC members could argue that the payments made to IOC members were not to influence them to secure their business interests. According to justice.gov. (nd) was...
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...Unit 1 - Ethics, Morality and Legalities: Questions and Answers By Mark Cain AIU Online June 6, 2010 Unit 1 - Ethics, Morality and Legalities: Questions and Answers 1. What is the difference between lobbying and bribery? To understand the difference of lobbying and bribery, I need to know what they are first. Bribery is giving money or something of value to influence the conduct of someone in a position of trust, usually a public official (Rodriguez, n.d.). Lobbying is the act of attempting to influence the mindset of public officials, politicians, or legislators to serve a particular cause (Rodriguez, n.d.). In definition, they sound like the same thing. Lobbying is most often used to influence the laws that are made. Lobbyists usually approach legislators with some convincing argument that supports why they think a law should be changed. This is perfectly legal. However when money or special favors is involved, lobbying becomes bribery. Lobbying sounds ok, but is it? “Bribery gets all the bad press, but lobbying is the real danger, because it affects everybody--whether they want it to or not (Maiello, 2009).” 2. What argument could the SLOC members make that the payments made do not fit the definition of an illegal bribe (under the FCPA)? An illegal bribe is money or special favors granted to someone in a position of trust to make a decision in favor of the one offering it. This is murky water here. Are there arguments that support the claim that the...
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...Individual Project Lobbying and Bribery are two words many people may come across either involuntarily. After hearing the words so much, one would begin to say “What do those words really mean?” Lobbying according to dictionary-reference.com is, “a group of persons who work or conduct a campaign to influence members”. But on the other hand bribery is described as “, the offering, giving, receiving, or soliciting of something of value for the purpose of influencing the action of another said action”, according to legal-dictionary.thefreedictionary.com. The argument that the SLOC members could make where the payments are concerned that are conflicting with the definition of an illegal bribe is described by the FCPA as “an illegal bribe is an illegal payment used to influence an official to award or maintain business”, but within the guidelines of the SLOC they called or disguised their bribes simply as gifts and by doing this it fooled others that actual bribery was taking place. The appropriate punishment for a direct violation of an ethical as well as legal principle should be suspension from the organization and even jail time. If you just hit the involved people on the hand , it is more than likely that they will try it again but just work harder on keeping it quiet. The remedies for the situation should remain within the organization and not leaked out or affect the community in any way shape or form. WORKS CITED Bribery. http://www.dictionary-reference...
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...12 Dec, 2012, 03.00PM IST, ET Lobbying disclosure doesn't reflect improper conduct in India: Bharti Walmart "This disclosure has nothing to do with political or governmental contacts with Indian Government officials," a Bharti Walmart Spokesperson said in a statement. BSE () Vol: shares traded NSE () Vol: shares traded Prices|Financials|Company Info|Reports NEW DELHI: Bharti Walmart, the Indian arm of the US retail giant Walmart, on Wednesday said the allegation that routine US lobbying disclosures reflects improper conduct on its part in India are false. "This disclosure has nothing to do with political or governmental contacts with Indian Government officials," a Bharti Walmart Spokesperson said in a statement. The disclosures to US regulators showed that company's business interests in India was discussed with American officials along with 50 or more other topics during a three month period, it added "The allegation that a routine U S lobbying disclosure reflects improper conduct on our part in India, is false, it said. Under the US law, on a quarterly basis, all companies which meet certain time and expenses thresholds, are required to disclose issues and expenditure incurred in connection with contacts with the United States Government, including staffing cost, association dues, and payments to consultants, it said. The company said all organisations which expend more than USD 11,500 annually on lobbying activities and employ at least...
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...Does the United States present a Public Administrational model for the rest of the world for avoiding corruption? “Corruption is an insidious plague that has a wide range of corrosive effects on societies. It undermines democracy and the rule of law, leads to violations of human rights, distorts markets, erodes the quality of human life, and allows organized crime, terrorism and other threats to human security to flourish. This evil phenomenon is found in all countries… but it is in the developing world that its effects are most destructive. Corruption hurts the poor disproportionately by diverting funds intended for development, undermining a Government’s ability to provide basic services, feeding inequality and injustice and discouraging foreign aid and investment. Corruption is a key element in economic under-performance and a major obstacle to poverty alleviation and development.” Koffi Anan, foreword, United Nations Convention against Corruption, 2003. When Democracy and central governance was formed in ancient Greece, it was for the very purpose of preventing the powerful few putting their needs above those of the masses they ruled – after all ‘Democracy’, stems from the Greek demos and kratia literally meaning the power of the people. For peoples familiar only with autocracies and hereditary monarchies, this was a radical notion. Why then, in some modern democracies, has the word government come to be almost synonymous with corruption? Corruption in government is...
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...Since the creation of the United States government, political lobbying has played a large role in influencing the creation and modification of laws. The act of lobbying is to solicit or try to influence the votes of members of a legislative body (Dictionary.com). There has always been controversy surrounding the political lobbying system, due to the potential of corruption through bribery. Two important pieces of legislation became laws as a result of this controversy. The Federal Regulation of Lobbying Act of 1946 and the Lobbying Disclosure Act of 1995 were created to prevent potential abuse within the political lobbying system. The purpose of lobbying is to communicate to public officials the special interests of specific groups. Special interest groups typically hire professional advocates, who then try to influence public officials to vote on specific legislation that the special interest groups support. In many cases, elected officials and their staff do not have the resources to fully research specific information on proposed legislation that they must vote on. The purpose of lobbying is to gather and analyze information, and then educate public officials on the important details of upcoming legislation. Lobbyists can represent groups of people, and as a result of the Citizens United V. Federal Election Commission Supreme Court ruling, corporations, associations, and labor unions. In many cases, lobbyists may represent both sides of proposed legislation. There are set...
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...to an anti-establishment political culture. The modern phenomena of financial influence on public policy is the single most important aspect of our political system present in this country and thus dictates the social, cultural, and political well-being of each individual citizen. Any other serious issue that needs immediate addressing – such as climate change or income inequality – rests upon this one element of public policy. If Congress is full of members who take campaign contributions from big oil corporations regulation of that particular industry is hardly going to be one of their concerns for fear of losing a large donor and being ostracized in the lobbying business. The rise of lobbying and special interest politics can be epitomized in the empirical example of the Anti-Saloon league, a pro-prohibition lobbying group that was an all-encompassing force in American politics during the early 20th century. CNN’s article entitled ‘This is how the NRA Loses’ by John Blake touches on the part that the Anti-Saloon league played in American politics, comparing it to the all-powerful NRA in current times. The article gives four total examples of conglomerate special interest groups which eventually fell out of power but certainly left a mark in public policy. The Anti-Saloon league, according to Blake, was the first real “political pressure” group (a term coined Wayne Wheeler, the ASL president himself). It used money through a vast network of connections throughout the country...
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...Challenges in the Global Business Environment Bus 457 11/25/2014 Chevron Chevron, one of the oldest energy companies in United States, was first founded as Pacific Coast Oil Company in 1879 and was named as Chevron Corporation in 1984. Several companies were established after Standard Oil’s split during 1980s’ and Chevron Corporation was among those big energy corporations who merged with those companies. The company is publicly traded on NYSE, Dow Jones Industrial Average and S&P 500. Chevron is involved in petroleum and natural gas industry. It does almost anything related to the industry from exploring to generating power. With over 60,000 employees Chevron operates business in 84 countries; Angola, Australia, Gulf of Mexico, Kazakhstan, Nigeria and United States are regions where the cooperation mainly operates primary exploration and production. Other than oil and natural gas, Chevron is engaged to biofuel, geothermal, hydrogen, solar and wind energy production. According to the official website for businesses Chevron offers following goods and services: * Additives * Aviation Oils * Base Oils * Chemicals * Fuels * Lubricants * Marine * MSDS * Specialty Products * Technology And for consumers it offers goods and services listed below: * Fuels and Stations * Gift and Credit Cards * Pay Bill * Motor Oils and Fuel Additives Code of Ethical Conduct Chevron relies...
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...CASE STUDY NO. 3 I. Case Background DMG Entertainment began as an advertising agency that was founded by Dan Mintz, Peter Xiao, and Wu Bing. DMG is a Chinese-based film production and distribution company. DMG began as an advertising agency in the 1990s, and it began distributing non-Chinese films in the Chinese film market in the late 2000s. DMG had emerged as one of China’s fastest growing advertising agency II. Statement of the Problem a. Long term -DMG has many contacts even in the politics. They use their contacts in order to come across the law and regulations of China, they use bribery in order to pursue what they want to get or achieve. The problem is in USA, they get late schedules for the movies that should take place early, if they’re going to use lobbying, this will take time and bribing is the only way but Bribery in America is illegal that’s why they’re going to have a hard time to go with the USA government. Ethical issues are considered. b. Short term -DMG is partnering up with Disney and Disney has different culture when it comes to Chinese people. Disney is very westernized, partnering with DMG might be a problem. Chinese people are very traditionalistic. If people don’t bite the Disney movies, tendency is the DMG might have loss instead of profits and it is a big opportunity loss for DMG. III. Assumption and areas of consideration When it comes to USA, Guanxinwang is hard to apply. They have high standards when it comes...
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