Archive for the ‘Corruption’ Category

Corruption is rife among municipal politicians and officials – believe Swedes

April 9, 2013

The Swedish Ministry of Finance publishes a report today by their Expert Group on Public Finance which shows that every other Swede suspects that corruption is widespread among municipal politicians and officials. Unlike other parts of the EU, in Sweden local politicians and officials are suspected far more than at national level and around 60% believe that cronyism, bribery and nepotism are common at the municipal level. The study was set up partly in reaction to the Gothenburg corruption scandal.

The report by the expert group consisting of Prof. Anders Bergh, Lund School of Economics, Prof. Gissur Erlingsson, Linköping University, Prof. Mats Sjölin, Linne University and  Richard Öhrvall, Institute of Industrial Research, is published today. The report proposes a system of random independent audits and that information available to the public under transparency regulations must be much more understandable.

I don’t think that the public perception presented here is that far from reality.

Dagens Nyheter: 

Our central proposal for action is for a system of annual external audits of financial statements of a number of randomly selected municipalities. We also suggest that municipal finances disclosures shall be made accessible and that citizens who suspect fraud should be able to request external review of the municipality.

The legal aftermath of the corruption scandal in Gothenburg has now been running for two years. Despite some convictions, it is clear that morally reprehensible behavior does not necessarily lead to prosecution or heavy penalties. The Gothenburg scandal fits well into the general pattern.

In the new report presented today, we argue that corruption problems in Swedish municipalities are in an ethically gray area that does not fall clearly within narrow legal definitions. Corruption is a special case of abuse of power where politicians and officials benefit themselves or their relatives at taxpayers’ expense. Precisely because the boundaries are not clear, it is important that we do not rely only on the law to counter the problems. A positive side effect of the Gothenburg scandal is that the discussion about what we should expect from our elected officials and civil servants seems to have been established on the political agenda. ….. 

….. It is difficult to say if the scandals are exceptions to the image of Sweden as free from corruption problems or is the tip of an iceberg. More newspaper articles, more prosecutions and convictions does not necessarily mean that corruption has become more common. But when more people perceive widespread corruption problems it damages the credibility of democracy. Here Sweden differs from the other Nordic countries: Compared with Denmark, Finland and Norway,  Swedes distrust the honesty of public officials to a much greater extent. Studies show that 9 out of 10 Swedes believe that public officialsbehaviour depends on personal contacts, a remarkably high figure by international standards. The pattern is repeated in several studies. ….. 

Transparency principles are well established in Swedish government. In many municipalities  however, significant parts are run as businesses in corporate form, which often leads to ambiguities of the status of Freedom Of Information principles. Nor is it sufficient that the documents may be requested by anyone. To combat corruption documents must be understandable and encourage reviews and comparisons  with other municipalities. Many municipalities use information technology inspired by the trend in open data. But it rarely occurs in a way that makes it easier for citizens, researchers and journalists to examine, for example, how the municipal councils are using their money, or what municipalities pay for various construction projects. ….

….. An analysis of, say, a dozen municipalities annually may not lead to new scandal revelations. But the audit is a strong reason to avoid precisely the kind of behavior that would be considered problematic if it was discovered. ….

“Bribes are necessary” – Berlusconi; but he does hit a nerve.

February 18, 2013

Bunga-bunga Berlusconi is at it again!

But he is describing a reality which applies not only in 3rd world and developing countries but also in the EU and Japan and the rest of the “developed” world.

This time he was reacting to a string of corruption cases in Italy culminating in the arrest of the Finmeccanica CEO Giuseppe Orsi for involvement in bribes allegedly paid to Indian government officials to secure a helicopter contract. This follows ENI’s CEO Paolo Scaroni being investigated for alleged bribes paid by its Saipem subsidiary to win contracts in Algeria.

From the FT:

Former prime minister Silvio Berlusconi has defended the need for bribery in winning contracts for Italy’s multinationals, as politicians campaigning in general elections have been forced to respond to a welter of corruption scandals revolving around the nexus of politics and business.

“Bribes are a phenomenon that exists and it’s useless to deny the existence of these necessary situations when you are negotiating with third world countries and regimes,” Mr Berlusconi, leader of a centre-right coalition and seeking his fourth stint in office, said on Thursday.

“These are not crimes,” said Mr Berlusconi, describing payments as “commissions”. He also defended state-controlled energy group Eni, whose chief executive Paolo Scaroni is under investigation for alleged bribes paid by its Saipem subsidiary to win contracts in Algeria. Mr Scaroni denies the allegations.

Corruption generally takes two forms:

  1. According to rule: Where a bribe is paid for preferential treatment  in an otherwise lawful process (i.e. to be preferred over a competitor, to have an application approved “out of turn”  or generally for the facilitation of a lawful process in favour of the briber)
  2. Against the rule: Where a consideration is provided to obtain some service that the receiver is not legally authorised to provide (i.e. to a judge for a favourable judgement or to a policeman to not do his bounden duty or to a Professor to pass a failing student).

For both the cases above of Finmeccanica and ENI, the corruption alleged is primarily of the “According to Rule” type. In the first Finmeccanica’s subsidiary Augusta-Westland apparently payed bribes totalling some €51 million to first have specifications altered so that they could bid and then paid bribes for preferential evaluation during technical trials where the trials themselves were tailored to suit their product. The value of the helicopter contract is about €480 million. In the ENI case, CEO Scaroni apparently arranged to pay some €197 million through a Hong Kong company who then paid bribes to Algerian officials to win Sonatrach and other Algerian contracts for their Saipem subsidiary. The contract values add up to some €8.5 billion.

In the Finmeccanica case the “bribes” make up some 10.6% of the contract value whereas for the ENI case the alleged bribes amount to some 2.4% of the contract value. This difference is itself interesting. Profit margins in energy contracts (oil and gas pipelines or equipment or power plants and power equipment)  are generally significantly lower than in defence contracts. Certainly in the power industry – from my own experience – “consultancy” and “agent” contracts – always ostensibly for the supply of specific services – were considered to be at an “acceptable” and justifiable level if they amounted to less than than about 3% of the contract value in a contract with a profit margin of something less than 10% and typically around 7 – 8%. This suggests to me that the helicopter contract probably has a true profit margin of around 25% with a visible margin of around 15% after paying the “commissions” and “software consultancy contracts” of around 10%.

This is bad enough but there is a particular kind of case where I am a little less certain of what the correct and ethical course of action is. I have seen many cases where the “bribe” is effectively structured as a kind of ” private tax” applying to whoever the winner is. A sort of level playing field as regards bribes.

It is made clear to all bidders that the bidder with the lowest visible evaluated price will win. But it is also made clear – privately – to all bidders that there is a minimum “commission” payment  – usually expressed as a percentage – which will apply. The bidder who makes the best (highest) private bid above this minimum also receives the largest amount of “support” during the evaluation procedure  to be able to declare his bid L1 (lowest evaluated price). The highest bribe-bidder does not necessarily win if his product/bid are not quite good enough to also achieve the lowest evaluated price.

The real question for a CEO then becomes:
“Should I decline to bid and jeopardise jobs – and profits – at my own factories, or join the prevailing game and pay the lowest possible bribe I can?”

And by the way – it is not only 3rd world and developing countries where this dilemma appears. And anybody who thinks this does not happen every day in the EU is living in a fantasy. Not least in the area of public procurement.

Lula’s legacy in Brazil being badly tarnished by new corruption scandals

November 25, 2012

Influence peddling and other forms of political corruption are not of course restricted to Brazil or just to the developing countries. It is just a lot more sophisticated in the US and japan and Europe. But more mud is being flung and a great deal of it is now sticking to former President Lula’s period of office in Brazil.

Reuters reports:

Brazilian President Dilma Rousseff, moving quickly to nip a new scandal in the bud, ordered the dismissal on Saturday of government officials allegedly involved in a bribery ring, including the country’s deputy attorney general.

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Retired High Court judge accuses Danish government of corruption over wind turbines

November 21, 2012

The Danish love of wind turbines  – sometimes bordering on the irrational – is well known. That is also why they have the highest prices for electricity in Europe. That Denmark is also considered one of the least corrupt countries in the world is taken for granted. But apparently things are not always what they seem. The Copenhagen Post carries a remarkable article by Peter Rørdam, a retired High Court judge which offers a peek behind the scenes at chicanery in the wind industry/government nexus. The article is reproduced below:

The Copenhagen Post

The myth of Denmark as a corruption-free country

It’s a widely held conception that Denmark is one of the world’s least corrupt countries. The message is always warmly received, but this isn’t the same as saying that Denmark is free of corruption.

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Thessaloniki: One Greek city running a budget surplus and showing how it can be done

November 17, 2012
Thessaloniki Map

Thessaloniki

If anything proves that he Greek crisis is essentially due to past profligacy it is the current improvement in the status of the finances of the city of Thessaloniki. And I have no doubt that it it was the entry into the European Union and the mirage which the EU creates of getting something for nothing which lay behind much of the public employees “jobs for life” attitude and the spendthrift behaviour that any self-respecting household would have eschewed. But of course the Greek crisis has been caused by just a small minority of Greeks. I suppose the analogy would be of a household where the husband was spending the family jewels on drink and a good time while his wife and family made do with whatever that was left. But what Thessaloniki is apparently showing is how to get out of the pit. And if Greece could have devalued their drachma and did not have the high value of the Euro as a millstone around their necks, the return of tourists and an escape from the depths would probably be faster.

Reuters reports:

With his craggy face, diamond earring and tattooed wrist, Thessaloniki mayor Yannis Boutaris looks an unlikely candidate to turn around the finances of Greece’s second biggest city.

But the 70-year old, who stands apart from the political mainstream, is pulling off reforms that have so far evaded the national government in a three-year-old debt crisis that has sucked in some 150 billion euros of international aid.

In contrast to the rest of Greece, this sea-front city of one million is shrinking debt, cutting business taxes to help firms and paying city employees and contractors on time.

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Snuff case is just the tip of the EU corruption iceberg

October 17, 2012

Over the last 30+ years of doing business around the world the one certain indicator for me that corruption is rife and that a bribe is being solicited is when unforeseen delays occur in a permitting or licencing process and/or  when an “approval” is conditional or restricted. Politicians and bureaucrats everywhere use the bidding, procurement and regulatory machinery as their opportunity to line their pockets. And the appearance of sand in bureaucratic machinery is a sure sign that a politician or a bureaucrat is available to remove the sand or to oil the machinery – for a consideration.

The EU is probably the most sophisticated and successful corruptocracy in the world.

Yahoo (Reuters) reports on the latest case of EU corruption to come to light:

 The European Union’s top health official resigned on Tuesday after an anti-fraud investigation connected him to an attempt to influence EU tobacco legislation, the European Commission said.

The EU’s anti-fraud office OLAF found that a Maltese businessman had tried to use his contacts withCommissioner John Dalli, who is Maltese, for financial gain by offering to influence future EU legislation on tobacco products.

“The OLAF report did not find any conclusive evidence of the direct participation of Mr Dalli but did consider that he was aware of these events,” the Commission said in a statement, saying that Dalli had resigned with immediate effect.

Dalli has rejected the OLAF’s findings, the statement said. 

The statement said it was up to Maltese judicial authorities to decide if they wanted to pursue the case.

The OLAF investigation followed a complaint by snuff-and- cigar-maker Swedish Match in May 2012, saying that the businessman – who was not named – sought financial advantages in return for influencing Commission proposals, particularly on the EU’s current export ban on snus, a Swedish-style moist snuff.

“It’s unpleasant that these things happen. We can only hope that the process going forward to create a new directive is transparent and honest,” Swedish Match spokesman Fredrik Peyron said.

“We don’t know all the details that have emerged in this report. But if he has been involved in this it is reasonable (that Dalli resign).”

Snus, which is Swedish Match’s main cash cow, is banned in the EU for health reasons, except in Sweden which negotiated a permanent exemption in its EU accession talks in the 1990s.

Swedish Match hopes the European Commission will lift its ban on snus, which is put under the lip, mostly in pouches. The Swedish government has been pushing for a lifting of the ban, saying the health risks are not proportionate to the ban.

UK cancellation of rail contract is in the style of Indian contracts

October 3, 2012

Large public contracts in India are often plagued by claims of favouritism, rigged specifications to suit a particular bidder, rigged evaluations, bid cancellations, vicious publicity campaigns by the protagonists and innumerable rebids. It is not uncommon for high profile complaints by a bidder after losing a bid to lead to a reversal of an award decision. The more high profile the complaint is and the closer in time a complaint is to an election, the more likely it is that a reversal of a decision can be achieved. The sales process in India does not end when a contract is awarded and any self-respecting sales manager does not stop until he has tried all available avenues to reverse an award decision which has gone against his bid. The primary avenues available are through approaches to politicians and the bureaucrats involved in the evaluation and award (and these approaches are not always without the appropriate lubricating flows of  money).  For politicians, the bureaucrats are both the potential scapegoats and the potential justification for reversals of decisions. For good and bad, the Indian Civil Service is modeled on the British Civil Service  and the interactions between politicians and bureaucrats in India today have their roots in the methods of the British Raj. Bidding flaws and reversals of contract awards are usually a good indicator for the presence of corruption.

Phases of approval reversals

This story in the UK where high profile complaints from Richard Branson and Virgin Rail has led to the reversal of a decision to award a contract to a competitor could be a story lifted directly from an Indian newspaper. I note that in this case the politicians who have reversed their decision are using bureaucrats as their scapegoat. Who else? And when they make a new award they will surely justify their new decision on the pronouncements of other, more senior bureaucrats. It would seem that the methods of UK politicians and bureaucrats even today are not so different from those of their Indian counterparts. In India though, the opportunities afforded to bureaucrats and politicians by the bidding process have been raised to a much higher level.

The Telegraph:

Government cancels West Coast Mainline contract due to ‘flaws’ in bidding process

FirstGroup’s contract to run the West Coast Mainline has been cancelled by the Government due to “significant technical flaws” in the bidding process, which will be re-run. Transport Secretary Patrick McLoughlin said that the flaws “stem from the way the level of risk in the bids was evaluated”.

Lurid Julia Gillard story reaches the main stream media

August 18, 2012

In a previous post I wondered why the lurid series by Larry Pickering about crooked union leaders and Julia Gillard was not being taken up by the main stream media – though the content of the 5 part series by Pickering“Is our Prime Minister a Cook?” – seemed quite explosive to me.

Well, it now seems to have reached the Sunday edition of  Canberra Times:

(UPDATE! The same article is also in the SMH but it was on the web first in the Canberra Times. The Australian also carries a story about Julia Gillard and the loss of her job at the law firm of Slater & Gordon, which is then also reported on by The Telegraph. It looks like the msm are now running to jump onto the bandwagon started by Pickering.)

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Who’s surprised? £250k for dinner with Cameron and Osborne and some policy input

March 25, 2012

The UK press led by Murdoch’s Sunday Times  – is going to town with the story.

But why is anybody surprised? 

The Tory Party co-treasurer, Peter Cruddas, was caught on film by some intrepid Murdoch reporters from the Sunday Times pointing out the benefits of paying for access. He has now resigned –  for being caught on tape it would seem. He surely did not resign for doing what was expected of him in his job.

“One hundred grand is not Premier League… it’s not bad… But two hundred grand to 250 is premier league… what you would get is, when we talk about your donations the first thing we want to do is get you at the Cameron/Osborne dinners.”

“It’ll be awesome for your business. You’ll be… well pleased. Because your guests will be photographed with David Cameron. We do that, you know.”

“If you’re unhappy about something, we will listen to you and put it into the policy committee at number 10 – we feed all feedback to the policy committee.”

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“Green” is also the colour of slime – when companies take their subsidies, pay their bonuses and then go bankrupt..

March 7, 2012

“Green” is also the colour of slime.

Subsidies are fundamentally corrupting.

Instead of promoting the commercialisation of a nascent technology (whether for later job creation or for pursuing policy goals), they lead more often than not to companies just maximising the subsidies they can get. And very often the vast amounts taken from tax money end up in the pockets of opportunistic individuals. It is no great secret that the “green” label has provided the path for the extraction (or is it extortion) of subsidies by developers and companies who have never had any intention other than maximising what could be extracted.

ABC News (here and here) lists a number of cases in the US where subsidies have been extracted, huge bonuses paid and then bankruptcy filings prevents any possibility of getting any recourse to the beneficiaries. They point out that “the Energy Department explicitly allows for federal funds to be used to pay out executive bonuses.” The “subsidy” industry is of course already well established in Europe with exorbitant “feed in tariffs”, carbon trading certificates and grants to solar and wind developers. 

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