Asset recovery in corruption cases

2016 ◽  
Vol 19 (1) ◽  
pp. 4-20 ◽  
Author(s):  
Peter Leasure

Purpose – Asset recovery proceedings increasingly target corrupt foreign officials who acquire lavish assets as a result of capital gained through criminal acts. One extremely difficult issue arising in asset recovery proceedings is whether the capital used to acquire the assets can be traced to a criminal act. The purpose of this paper is to critique US tracing procedure through comparative analysis. Design/methodology/approach – A prominent series of cases brought by the USA and France against assets owned by Teodoro “Teodorín” Nguema Obiang, second Vice President of the Republic of Equatorial Guinea, produced mixed results on the tracing element. This paper utilizes a qualitative comparative case analysis to examine the US and French cases. Findings – The US results reflect serious weaknesses in the US law as compared to more effective French asset recovery procedure. Originality/value – Though this paper is certainly a comparative case study analysis, nearly identical facts and two different jurisdictions reaching separate conclusions bring us in the legal community as close as we can realistically come to quasi-experimental research. Comparative research in this area is severely lacking and sorely needed. The mechanisms identified in the French system clearly show flaws that are present in the US system.

2014 ◽  
Vol 20 (4) ◽  
pp. 434-458 ◽  
Author(s):  
Lynn A. Walter ◽  
Linda F. Edelman ◽  
Keneth J. Hatten

Purpose – This paper aims to investigate how dynamic capabilities enabled survival in a select group of brewers, during one of the lengthiest and most severe industry consolidations in history. In doing so, we advance Abell’s (1978) theory of strategic windows through integration with the resource-based view of the firm. Design/methodology/approach – Using a mixed method approach, we first apply case study methods to develop hypotheses around the timing and level of operational capability required for survival. In the second phase, we test these hypothesized estimations on the USA Brewing population. Findings – Indicate that brewers which had advanced distribution and manufacturing operational capabilities before the strategic window of opportunity closed had higher survival rates. Practical implications – This study reinforces the importance of making timely strategic investments in capabilities. Originality/value – The integration of strategic window and capability theories advances our understanding of the roles that capabilities and time play in determining firm survival.


2013 ◽  
Vol 3 (5) ◽  
pp. 1-9
Author(s):  
Barthélémy Michalon

Subject area Diplomatic and consular policies; legal aspects of international relations and Asia regional scenario. Study level/applicability Undergraduate. Case overview In April 2012, high-level officials from China and the USA were about to meet in Beijing in the framework of the bilateral Strategic and Economic Dialogue, organized on a yearly basis. The event was always delicate, due to the ambiguous relationship existing between the two countries, which were at the same time rivals and dependent on one another. That time, the tension previous to the meeting increased significantly: a Chinese human rights activist had just sought and obtained diplomatic protection in the US Embassy in Beijing, thus creating an embarrassing situation for both States' foreign departments […] How could they possibly solve this contentious issue without affecting their already sensitive relationship? Expected learning outcomes Analytical: to be aware of the political nature of the current Chinese Government; to realize the concrete and practical implications of an Embassy's special status; to balance two contradictory objectives, in a specific situation where none of them can be fully discarded; to contrast and try to combine long-term goals (in this case, to maintain a functioning relationship between two main world powers) with short-term objectives (in this case, how to deal with a Chinese activist that required protection against his own country's security forces); to find a modus vivendi (conciliation) between values and interests; to get convinced that certain kinds of negotiations cannot be conceived through a “win or lose” approach: in this case, the only way out must be respectful of the two parties' core interests; and to take into account that image preservation (“face-saving”) must be included within any country's objectives in any situation involving diplomatic means. Conceptual: the purpose is to familiarize the students with specific concepts, such as: best alternative to a negotiated agreement (BATNA), which is to be mentioned as part of the discussion (it is not included in the case study itself); interdependence; (purported) Group of Two; asylum and refuge; Immunity; and sending state/receiving state. Supplementary materials Teaching notes are available for educators only. Please contact your library to gain login details or email [email protected] to request teaching notes.


2019 ◽  
Vol 8 (3) ◽  
pp. 590-614
Author(s):  
Shino Yokotsuka

Abstract This article examines why the USA and Japan have different public reactions to the issues of public school prayer, despite the fact that the countries have almost identical constitutional frameworks on religious freedom. Recent religious freedom studies tend to centre around the debates that prioritize Western perspectives of religion in public schools. In contrast, this article focuses on the specific social and cultural contexts emphasizing their importance in understanding the governance issues arising from an ever-widening religious gap. This study particularly addresses the role cultural differences play in the unequal interpretations of religious freedom within different national backgrounds. Using a comparative case study analysis, I argue that these cultural differences directly impact the varying perspectives on religious freedom as applied in policy, law, and practice across the countries.


2015 ◽  
Vol 6 (3) ◽  
pp. 263-280 ◽  
Author(s):  
Julie Sisson ◽  
Ahmad Elshennawy

Purpose – The purpose of this research is to identify key interrelated components of successful, sustained lean transformation. When implemented successfully, lean not only allows for cost reduction while improving quality but it can also position a company to achieve tremendous growth. However, although many companies are attempting to implement lean, only an estimated 2-3 per cent are achieving the desired level of success. Design/methodology/approach – A thorough literature review was conducted and the findings indicated six key constructs that can act as enablers or inhibitors to implementing and sustaining lean. A theoretical framework was developed that integrates these constructs and develops research propositions for each. A multiple-case study analysis was used to test the framework on four companies that have achieved successful lean transformations to validate the model. Findings – Sixteen propositions were supported in all four of the case studies and one proposition was supported in three of the four case studies. Originality/value – This research proposed and tested a model lean transformation on cases drawn from the very small number of companies in the USA that have achieved successful, sustained lean improvement. The case studies represented a broad variety of manufacturing industries, increasing the likelihood of the research being able to be broadly generalized and applied. The model provides a set of related tangible actions that organizations planning to undertake a lean transformation can focus on to help insure successful implementation and sustainment.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Ana Margarida Esteves

PurposeThis research article addresses the role of processes of normative regulation, driven by distinct approaches to collective action and underlying narratives of social change, in the construction of “solidarity economy” initiatives as parallel spatialities to that of the mainstream economy.Design/methodology/approachThis article is based on a comparative case study analysis, informed by aspects of the Grounded Theory and Extended Case Study methods, of an ecovillage, an alternative commercialization network and an “integral cooperative”. The analysis is illustrated with fieldwork data on food production, commercialization and consumption, given its centrality in the construction of human livelihoods and lifeworld.FindingsThe resulting conceptual framework identifies three methodologies of normative regulation: Prefigurative social technologies and capitalizing upon power and reputation to exert influence over other economic actors; being part of a wider class-based emancipatory political project; mobilizing online peer-to-peer platforms and community currencies to construct an alternative institutionality.Research limitations/implicationsThis article constitutes an exploratory analysis. Further research, based on the application of mixed methodologies to larger samples, will further expand the setup and applicability of these concepts.Practical implicationsThis analysis will allow scholars and practitioners alike to gain a deeper understanding of how different approaches to collective action, based on distinct structural standpoints and narratives of change, constitute alternative economic spatialities to those of the mainstream economy.Social implicationsThe comparative approach used in this article, as well as the resulting concepts, have the potential of contributing to the convergence of “solidarity economy” strategies between initiatives and movements with different approaches to collective action, therefore contributing to improve their capacity to exercise influence upon incumbent institutional regimes, as well as promote socio-economic change.Originality/valueThis article aims to bridge a significant gap in the understanding of how “solidarity economy”-based parallel spatialities emerge and coexist with the mainstream economy: It analyses how processes of normative regulation result from narratives of change with distinct approaches to collective action, based on the standpoint of actors located differently within structural power relations.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Lorenzo Pratici ◽  
Phillip McMinn Singer

Purpose Health-care systems around the globe share several pressing challenges – including increasing costs and patient outcomes. Innovative arrangements, such as public–private partnerships (PPP) can be adopted to help address these challenges. Although the promise of PPPs is great, so are its peril if the arrangements are not managed and regulated adequately through the contracting process. Yet, PPP arrangements can introduce their own unique set of problems. This paper aims to analyze how PPPs contracting accounts for three major problems identified reviewing the: performance measurement and audit; determination of compensation and risk management–related issues. Design/methodology/approach The authors used a case study approach to analyze contracting among health-care PPPs in two countries: Italy and the USA. With a structured review performed on Scopus database using a keywords Boolean research, the authors identified three recurring major issues to investigate in two selected cases, one per country. For each major issue, the authors defined several sub-issues retrieved from a widely used institutional framework. In each sub-issue, a documental analysis on all published information related to the signed contract has been performed identifying the approaches used by the two organizations. Findings The authors find that PPP contracting in the USA case seems to be oriented more toward managing institutional change as well as more flexibility in the deductibility and compensation determination for organizations and providers, suggesting this organization is more oriented to change in general. The authors find that PPP contracting in Italy more clearly delineate the allocation of risk between organizations that engage in PPPs, suggesting a more practical approach. Practical implications PPP is complex. Contracting helps manage the complexity of these arrangements. This case study approach to PPP contracting highlights the variation in contracting approaches across two different countries. Policymakers and health-care managers need to ensure that PPP contracting clearly delineates auditing and performance measurement, compensation and risk management. Originality/value The authors’ analysis sheds light on the different approaches to arranging health-care PPPs in two different country settings. More research should be done to connect these different approaches to important outcomes, such as patient and organizational finances, as well as expanding the scope of countries adopting PPP in health care.


2018 ◽  
Vol 24 (2) ◽  
pp. 208-227
Author(s):  
Laura G. Singleton

Purpose This study aims to compare the National Alliance of Businessmen and the National Urban Coalition, two change efforts spawned during the 1960’s US Urban Crisis, in which businesses took a central role to address urban problems, particularly through expanding opportunities for African-Americans. Design/methodology/approach This is a historical comparative case study developed through research utilizing published resources and archival material. Findings Neither organization clearly achieved its initial goals, with each migrating toward the end of its existence away from business-related goals to focus on public education. Potential causes include economic obstacles, a heroic conception of change that fostered overcommitment, and conflicting institutional logics in the organization’s missions, both of which were intertwined with governmental objectives from their foundings. However, the period shows overall changes in social awareness by business, in which these organizations played a part, and efforts by today’s businesses to respond to racial tensions in cities display learning from these predecessor organizations. Research limitations/implications A significant dependence on published sources limits the depth of insight versus accessing organizational archives; however, it does offer a similar basis for information on both organizations to facilitate comparisons. Practical implications The structural vulnerabilities of these organizations can present lessons for organizations hoping to pursue similar change through business partnerships today. Social implications The racial tensions continuing in the USA today display parallel the challenges of the 1960s, making learning from these precedents valuable. Originality/value This study offers a comparative view of the NAB and NUC throughout their history, which has not previously been provided.


2021 ◽  
Vol 11 (3) ◽  
pp. 1-27
Author(s):  
Girgis Dimitri ◽  
Virginia Bodolica ◽  
Martin Spraggon

Learning outcomes Upon completion of this case study analysis in class, students should be able to distinguish the different steps and actions involved in the entrepreneurial venture creation; evaluate the extent to which an entrepreneurial idea represents a commercial success or practical failure; apply relevant strategy frameworks to estimate the complexities associated with the management of a small startup; and debate about the pros and cons of different strategic options and offer viable advice for decision-making. Case overview/synopsis This case follows the entrepreneurial beginnings of a college student, Mohsen Shahin, whose early initiation into the world of business commenced from a serendipitous win of a small fortune in a raffle in London, UK. The case study illustrates the protagonist’s dilemma of whether to spend the winning on everyday pleasures of his life as a teenager or to venture in an entrepreneurial undertaking. Following his father’s advice, Mohsen ultimately decides to exchange his prize for money and use it for launching Speedways, a luxurious car servicing garage in London’s downtown. The case further elaborates on some initial struggles he faced as a young entrepreneur and continues with his decision to pursue higher education in Dubai, United Arab Emirates, which forced him to handle his managerial responsibilities from a country thousands of miles away from his garage. Eventually, Mohsen makes the hard decision to sell Speedways and realize his grown ambition of exploiting his prior business experience to embark on new adventures in his life. The case culminates with Mohsen having to choose between either opening his own company in the premium car care industry in Dubai or pursuing his post-graduate studies at a prestigious university in the USA – a critical decision he has to make promptly, as he is short on time. Complexity academic level Upper-level undergraduate courses. Supplementary materials Teaching Notes are available for educators only. Subject code CSS: 11 Strategy.


Author(s):  
Tina M. McCarthy ◽  
Eleni Evdokia Glekas

Purpose The purpose of this paper is to address a gap in current heritage practice within the USA, as defined by the US Secretary of Interior’s Standards, which offers no treatment for a building entering the end of its lifecycle. Design/methodology/approach Building on research conducted for “Deconstructing the Culture of Demolition,” Master of Design Studies thesis completed in 2018, this paper seeks to better understand how deconstruction industry practice could be changed by the inclusion of heritage values through a case study of the sustainability non-profit Emergent Structures of Savanah, Georgia. Findings The benefits of replacing demolition with deconstruction extend beyond the preservation of materials alone. Applying critical heritage theories to deconstruction practice addresses challenging issues in the discipline, such as mutability of heritage objects and equity in heritage practice. Deconstruction redefines the concept of death in the built environment, harnessing its energy to serve the heritage goals of memory, revival and sustainable community development. Practical implications The findings are based on real-world practice, linking heritage methodology to deconstruction practice. These examples will be useful to preservation professionals who deal with demolition in the course of their work, to rethink the idea of waste and value in heritage practice. Originality/value This paper explores best practices in promoting heritage value and community engagement through deconstruction. This insight will promote interdisciplinary communication around historic materials and their treatment, which remains unexplored in both deconstruction and heritage research.


2020 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Karma Sherif ◽  
Omolola Jewesimi ◽  
Mazen El-Masri

Purpose Advances in electronic performance monitoring (EPM) have raised employees’ concerns regarding the invasion of privacy and erosion of trust. On the other hand, EPM promises to improve performance and processes. This paper aims to focus on how the alignment of EPM design and organizational culture through effective organizational mechanisms can address privacy concerns, and, hence, positively affect employees’ perception toward technology. Design/methodology/approach Based on a theoretical lens extending two conceptual frameworks, a qualitative approach was used to analyze interview data collected from a comparative case study of two organizations in the USA and Qatar within the oil and gas sector. These two contexts were selected to emphasize the cross-cultural and organizational differences in employees’ acceptance of EPM. Findings The study revealed that national and corporate cultures affected employees’ perception and acceptance of monitoring in both countries. Because of diversity, though EPM was better accepted in Qatar, as they are an easy way to enforce standardization and to push employees to adapt to a dominating corporate culture. Conversely, in the USA where culture is more innovation-oriented, organizational mechanisms shifted the perceptions of EPM to being mean to obtain feedback rather than to impose standards. Research limitations/implications This qualitative study is based on a descriptive comparative case study of two organizations with two cultural contexts. The limited sample size and cross-sectional nature of data may need to be extended to a larger cultural scope that is observed over a longer period to safely generalize the findings. Practical implications Decision-makers in multinational corporations with different cultural backgrounds may benefit of this study’s outcomes, as it emphasizes the importance of the fit between EPM designs and the cultural settings. Furthermore, organizations aiming to conduct analytics on EPM data have to justify and prove its benefits to employees to facilitate acceptance. Social implications The study shows that employees in Qatar have a different cultural frame of reference in their perception of fairness and ethics than their counterparts in the USA because of changes in the meaning of social relations, personal goals and behavioral norms. Originality/value The originality of this study lays in its empirical validation of a composite framework examining both national and corporate cultures on employees’ reactions to EPM systems. It also proves the critical importance of organizational mechanisms to align the EPM design with the organization cultural settings.


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