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Ethics, Legality and Morality

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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 enacted for the purpose of making it unlawful for certain classes of persons and entities to make payments to foreign government officials to assist in obtaining or retaining business. 3. What do you think is the appropriate punishment for the violation of ethical and legal principles? Penalties are established according to the Department of Justice and can range from $5000 to $100,000 for an individual. Justice.gov. (nd) all other persons can be fined anywhere from $50,000 to $500,000 based upon their position within the company. Business can be fined up to $2,000,000 and individuals can serve up to 5 years in prison for their involvement in bribery. Justice.gov. (nd).

4. Should the remedies be limited to the expulsion of the members who violated those principles, or should the entire community be held responsible. I believe that it is hard to discern whether the SLOC administrative committee members knew that the individuals that were lobbying the IOC members were indeed bribing them or not from the information that is given to us. If indeed the administrative committee members knew and or instructed the lobbyists to “do achieve their goals by whatever means necessary” then yes they should be held accountable and therefore fines and possibly prison sentences should be handed out on a criminal level. If however the lobbyists took it upon themselves to use unethical or illegal means to achieve their goals then they should be held liable in a civil court and be punished based upon the extent of their bribes or illegal activity.

References

Meriam-Websters online dictionary. (2011). January 7, 2011, www.websters-merriam.com
Jrank.org. (2011) January 7, 2011, http://law.jrank.org/pages/8343/Lobbying.html
Justice.gov. (nd). January 8, 2011, http://www.justice.gov/criminal/fraud/fcpa/docs/lay-persons-guide.pdf

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