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2020 | Buch

Bribery, Fraud, Cheating

How to Explain and to Avoid Organizational Wrongdoing

herausgegeben von: Prof. Dr. Markus Pohlmann, Prof. Dr. Gerhard Dannecker, Dr. Elizangela Valarini

Verlag: Springer Fachmedien Wiesbaden

Buchreihe : Organization, Management and Crime - Organisation, Management und Kriminalität

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Über dieses Buch

In the fight against organizational malpractice and organized crime, both international guidelines and national regulations have become stricter. Nevertheless, the results seem not to reach the expected change. Corruption scandals involving large companies, political parties, sports organizations, hospitals, etc. have not come to an end. In order to explain the collective illegality within and through organizations of different sectors and embedded in different cultures, this conference proceedings gathers articles about corporate and organized crime by international renowned scientists and experts. The focus is on similarities and differences in current corruption cases and other forms of crime as well as questions about conventional and alternative prevention measures.

Inhaltsverzeichnis

Frontmatter
Introduction – Money is only half of the story
Abstract
Scandals never stop. From Siemens to VW and Petrobras, from FIFA to the DFB—in Germany as well as in other countries—it is the large, renowned companies, clinics, associations and parties that come into the limelight because of their illegal activities with sometimes severe consequences. It is striking that a wide range of areas from economy to politics, from medicine to sports have been affected.
Markus Pohlmann
Organizational wrongdoing: Bribery, fraud, cheating – Insights into the Herrenhausen Symposium, October 5-7, 2017
Abstract
The Herrenhausen Symposium, which took place at the Herrenhausen Palace in Hanover, Germany, on October 5–7, 2017, was a major platform for academic exchange about the phenomenon of organizational wrongdoing for scientists and practitioners from all over the world. As a complement to the project “The Fight against Corruption and Manipulation—Regulation and Self-Regulation in Medicine and the Economy”, organized by the research group for “Organizational Deviance Studies” from Heidelberg University and generously funded by the Volkswagen Foundation—the largest German private non-profit organization promoting research and education in sciences, social sciences and humanities, which is independent from the car manufacturer of the same name—, this symposium offered an excellent opportunity to shed light on bribery, fraud and cheating in various sectors as well as considering the different theoretical and practical perspectives while focusing on the key issues of these manifestations of organizational wrongdoing.
Ludmila Hustus, Christin Schultze
Correction to: Corporate non-compliance and corporate identity building – A management dilemma. Early indicators of organizationally driven deviance traps
Christiane Gebhardt

Organized crime, money laundering and corruption in Europe

Frontmatter
The fight against the mafia in Italy and Europe
Abstract
One of the main hurdles to building an effective European anti-mafia strategy is the cultural gap that exists between the complex reality of such criminal phenomena and knowledge thereof held by public opinion. The belief is still widespread that the mafias are criminal phenomena that are only present in certain countries—Italy, Turkey and the Balkan countries—where they originate from the particular cultures and national histories of those peoples. The media have also contributed to instilling in the collective imagination the idea that mafiosi are rude and violent characters, animated by an insatiable thirst for wealth, exactly as they are featured in highly successful films and television series.
Roberto Scarpinato
The mafia in the media
Abstract
The media are largely responsible for the portrayal of the mafia. Articles, movies, music and even literature: They spread a certain image of the mafia. Mario Puzo did the bosses a great favor when he turned the mafia into a myth.
Petra Reski
The fight against organized crime
Abstract
Our traditional understanding of organized crime is influenced by Italian criminal gangs. Much better known as Mafia they represent a national phenomenon divided by regional roots and developments. Those groups have been established in the 19th century and started with black mailing and other crimes which have been realized on local or regional fields only.
David Ryan Kirkpatrick

Corporate crime and political corruption in South America

Frontmatter
Anti-corruption in Brazil – Criticisms and developments
Abstract
Brazil is well known for courtesy, but courtesy has become a synonym of corruption. Brazilians feel that our moral reached the bottom of the well. On the other side, even lay people are aware of the meaning of money laundering.
Fausto De Sanctis
Operation Car Wash – The new paradigm to fight corruption
Abstract
In December 2013, I received, in the Federal Regional Court of Appeals for the 4th region (TRF4), an unpretentious writ of mandamus lodged against a judicial decision that froze the assets of a company that was required to report on a breach of data secrecy.
João Pedro Gebran Neto
The incomplete transition. A review of the recent changes in Brazil’s electoral financing model
Abstract
Competitive elections are the major element of contemporary representative democracy (Schumpeter, 1942) and they come at a cost. Hence, the importance of electoral financing is an issue that has attracted increasing attention from political scientists (Mutch, 2016; Norris and van Es, 2016; Stratmann, 2005). With regard to electoral financing sources, the key question is to define the types of resources allowed (private resources, public resources or both) and the relative weight assigned to each (Bourdoukan, 2009).
Wagner Pralon Mancuso
‘Do not try to outsource dirty business into your value chain’. An interview with Matthias Kleinhempel
Abstract
Julian Klinkhammer: Mr Kleinhempel, you have provided your audience and discussants at the Herrenhausen Symposium with a knowledgeable perspective on the mechanisms of anti-corruption, based on your vast experience in South American Markets and in executive education. In hindsight, what was the most surprising insight with regard to anti-corruption that you have gained through your participation?
Julian Klinkhammer
The FIFA’s case and corruption in Brazil. An expert dialogue with Markus Asner and Fausto De Sanctis
Abstract
Wagner Wagner Pralon Mancuso: Marcus Asner, could you please introduce us to the FIFA corruption case?
Elizangela Valarini, Wagner Pralon Mancuso

Corruption in China

Frontmatter
Corporate compliance and industrial sophistication
Abstract
In Chinese, hegui is translated from the English word “compliance”. Compliance means “to abide by, to obey”, which is usually understood as to proactively abide by rules that broadly include laws, moral teachings, contracts, etc. Opposite to compliance is non-compliance, which means to violate, to refuse to abide by or obey.
Xiuyin Shi
Corruption issues in China. An interview with Jianyuan Yang
Abstract
Anja Senz: Dear Ms. Yang, thank you for your willingness to speak with us and to answer the following questions. To start with, could you please give us some brief background information about Fangda Partners, a leading law firm in China, and your responsibilities there?
Anja Senz

Fraud in medicine

Frontmatter
Manipulation of medical patient data in organ transplantation as attempted homicide?
Abstract
In June of the past year, the criminal investigation of a case of data manipulation that has shocked German transplantation medicine came to an end. The Federal Court of Justice confirmed the acquittal of a liver surgeon from the accusation of attempted homicide through the false indication of allocation-relevant patient data. This case, which is referred to as the “Göttingen Transplant Scandal” represents a caesura for German transplantation medicine, for it led not only to a sharp drop in the already decreasing number of postmortal organ donations, but also to a regular monitoring of all transplant centers in Germany since 2012.
Torsten Verrel

How to explain and to prevent corporate crime?

Frontmatter
Esprit de corps as a source of deviant behavior in organizations. Applying an old concept with a new livery
Abstract
Deviance and misconduct refer to the “dark side” of organizational actors, which has been studied since the early days of Organizational Sociology (cf. Vaughan, 1999). Scrutinizing this topic, several sociological studies consider deviance on an aggregated level, such as the company as a whole. An example of this is the refinement of the term “useful illegality”, by Pohlmann et al. (2016), which was originally developed by Luhmann (1964).
Peter Graeff, Julia Kleinewiese
Corporate non-compliance and corporate identity building – A management dilemma. Early indicators of organizationally driven deviance traps
Abstract
The current scientific debate demonstrates that present research models fail to assess the effectiveness of corporate compliance systems for the prevention of non-compliant behaviour. While research is intensified in this field, the Foreign Bribery Report (OECD, 2014) confirms an increase of non-compliance incidents and the involvement of corporate management and central executive officers in non-compliant behaviour. Most recent scandals in the German automotive industry show that origins of non-compliant behaviour with regard to formal rules are not only motivated by individual and financial gain, but explanations must be considered as being organisationally and culturally embedded.
Christiane Gebhardt
Overcoming the current system of corporate criminal law – sanctioning corporate citizens. Crime prevention within the limits of the rule of law
Abstract
Corporate crime exists in many forms. This treatise shall commence with an example which assesses one of the most notorious manifestations of corporate crime: The problem of corruption seems to be known world-wide in terms of its consequences and extent. In particular, this applies to the upcoming generation of young people entering the professional world.
Gerhard Dannecker, Thomas Schröder
Does illegality become natural? Systemic and preventive effects of the market economy
Abstract
Generally speaking, criminological literature views the market economy as a driving force behind profit-driven crime with titles such as Crime as an American Way of Life (Bell, 1953) and Crime and the American Dream (Messner and Rosenfeld, 2007). Basically, US-American capitalism is taken as a critical example of a culture of rigid competition conveying the values of social Darwinism in which solidarity and consideration for others are alien concepts (Currie, 1997; Hagan et al., 2000). Although there is much justification for this criticism of the dominance of the economic system, particularly by the institutional anomie theory of Messner and Rosenfeld (2007), it fails to differentiate between not only driving but also preventive effects of the market economy.
Kai-D. Bussmann
Backmatter
Metadaten
Titel
Bribery, Fraud, Cheating
herausgegeben von
Prof. Dr. Markus Pohlmann
Prof. Dr. Gerhard Dannecker
Dr. Elizangela Valarini
Copyright-Jahr
2020
Electronic ISBN
978-3-658-29062-7
Print ISBN
978-3-658-29061-0
DOI
https://doi.org/10.1007/978-3-658-29062-7

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