scholarly journals Calculating Corporate Compliance & The Foreign Corrupt Practices Act

2019 ◽  
Vol 19 (1) ◽  
Author(s):  
Brian S. Haney

Technology is rapidly disrupting every industry and institution around the globe. Yet, corporate compliance has remained relatively unaffected by technological change when compared to other industries. If firms continue to lag behind in their compliance efforts, their risk exposure to the potentially lethal sanctions associated with major compliance failures will continue to increase with time. This is particularly true in the context of the Foreign Corrupt Practices Act. Generally, the Foreign Corrupt Practices Act (“FCPA”) is a regulatory statute that forbids bribery and false accounting for domestic firms doing business abroad. And, in the past decade the DOJ and SEC have begun aggressively enforcing the FCPA. Firms should begin using technology to develop more robust and cost-efficient compliance programs to insulate themselves from the FCPA’s harsh penalties. This Article provides an algorithm that allows firms to evaluate and improve their compliance programs in accordance with several published sources of guidance. Compliance scholars have made clear that it is critical for firms to maintain strong corporate compliance programs and have suggested different models and frameworks for internal evaluation and auditing. However, those suggestions fail to consider how technology may be used to improve the cost-efficiency of corporate compliance and ethics programs. This Article takes an informatics-based approach to evaluating and improving firm compliance by focusing on the most important compliance functions according to the Department of Justice (“DOJ”), courts, and other Government actors. Indeed, firms may drastically improve the cost-efficiency of their compliance efforts by adopting the analytical framework proposed in this Article.

2021 ◽  
Vol 13 (11) ◽  
pp. 6075
Author(s):  
Ola Lindroos ◽  
Malin Söderlind ◽  
Joel Jensen ◽  
Joakim Hjältén

Translocation of dead wood is a novel method for ecological compensation and restoration that could, potentially, provide a new important tool for biodiversity conservation. With this method, substrates that normally have long delivery times are instantly created in a compensation area, and ideally many of the associated dead wood dwelling organisms are translocated together with the substrates. However, to a large extent, there is a lack of knowledge about the cost efficiency of different methods of ecological compensation. Therefore, the costs for different parts of a translocation process and its dependency on some influencing factors were studied. The observed cost was 465 SEK per translocated log for the actual compensation measure, with an additional 349 SEK/log for work to enable evaluation of the translocation’s ecological results. Based on time studies, models were developed to predict required work time and costs for different transportation distances and load sizes. Those models indicated that short extraction and insertion distances for logs should be prioritized over road transportation distances to minimize costs. They also highlighted a trade-off between costs and time until a given ecological value is reached in the compensation area. The methodology used can contribute to more cost-efficient operations and, by doing so, increase the use of ecological compensation and the benefits from a given input.


Author(s):  
Iveta Palecková

The aim of the paper is to estimate the cost efficiency of the Czech and Slovak commercial banks within the period 2010-2014. For empirical analysis the Data Envelopment Analysis input-oriented model with variable returns to scale is applied on the data of the commercial banks. The intermediation approach is adopted to define the inputs and outputs. The Czech commercial banks are more cost efficient than Slovak commercial banks. The development of average cost efficiency is similar in the Czech and Slovak banking industry. The most efficient Czech banks are Ceská sporitelna and Sberbank in the Czech banking sector, the most efficient Slovak bank is Privatbanka with 100% efficiency.


Animals ◽  
2019 ◽  
Vol 9 (7) ◽  
pp. 473 ◽  
Author(s):  
Luuk S.M. Vissers ◽  
Ingrid C. de Jong ◽  
Peter L.M. van Horne ◽  
Helmut W. Saatkamp

In the 2000s, the idea of a so-called middle-segment arose in North-West Europe to address the criticism on intensive broiler production systems. Middle-segment systems being indoor housing of slower-growing broiler strains at a stocking density ≤38 kg/m2. Previous literature showed that Dutch middle-segment systems entail a relatively large gain in animal welfare at a relatively low increase in costs, i.e., have a high cost-efficiency. The question is to what extent these findings are applicable to other countries. Therefore, the aim of this study is to gain insight in the global prospects of middle-segment systems by exploring the cost-efficiency of these systems in other parts of the world. A set of representative countries, containing the Netherlands, United States and Brazil were selected. Cost-efficiency was defined as the ratio of the change in the level of animal welfare and the change in production costs. The level of animal welfare was measured by the Welfare Quality (WQ) index score. Data was collected from literature and consulting experts. Results show that in the Netherlands, United States and Brazil a change from conventional towards a middle-segment system improves animal welfare in a cost-efficient manner (the Netherlands 9.1, United States 24.2 and Brazil 12.1). Overall, it can be concluded that in general middle-segment production systems provide a considerable increase in animal welfare at a relatively small increase in production costs and therefore offer good prospects for a cost-efficient improvement of broiler welfare.


2019 ◽  
Vol 16 (1) ◽  
pp. 172988141982804 ◽  
Author(s):  
Yin Chen ◽  
Xinjun Mao ◽  
Shuo Yang ◽  
Qiuzhen Wang

A multi-robot system in resource-constrained environments needs to obtain resources for task execution. Typically, resources can be fetched from fixed stations, which, however, can be costly and even impossible when fixed stations are unavailable, depleted or distant from task execution locations. We present a method that allows robots to acquire urgently required resources from those robots with superfluous residual resources, by conducting rendezvouses with these robots. We consider a scenario where tasks are organised into a schedule on each robot for sequential execution, with cross-schedule dependencies for inter-robot collaboration. We design an algorithm to systematically generate such rendezvouses for entire multi-robot system to increase the proportion of tasks whose resource demands are satisfied. We also design an algorithm that periodically reallocates tasks among robots to improve the cost-efficiency of schedules. Our experiment shows the synergetic effectiveness of both algorithms, when fixed stations are unavailable and all resources are fetched through inter-robot delivery. We also investigate the effectiveness of inter-robot delivery in scenarios where fixed stations are existent but distant from the locations of tasks.


Author(s):  
Robert E. Cimera

Abstract The cost efficiency of supported employees with intellectual disabilities who were served by vocational rehabilitation agencies throughout the United State from 2002 to 2007 was explored. Findings indicate that, on average, supported employees with intellectual disabilities were cost-efficient from the taxpayers' perspective regardless of whether they had secondary disabilities. In addition, no changes in cost efficiency were found during the period investigated. The data, however, did demonstrate considerable variability in cost efficiency throughout the United States and its territories.


2021 ◽  
Vol 35 (2) ◽  
pp. 171-190
Author(s):  
Nicolás Campos ◽  
Eduardo Engel ◽  
Ronald D. Fischer ◽  
Alexander Galetovic

In 2016, the Brazilian construction firm Odebrecht was fined $2.6 billion by the US Department of Justice. It was the largest corruption case ever prosecuted under the US Foreign Corrupt Practices Act. Our examination of judicial documents and media reports on this case provides new insights on the workings of corruption in the infrastructure sector. Odebrecht paid bribes for two reasons: to tailor the terms of the auction in its favor, as well as to obtain favorable terms in contract renegotiations. In projects where Odebrecht paid bribes, costs increased by 70.8 percent on average, compared with 5.6 percent for projects with no bribes. We also find that bribes and profits made from bribing were smaller than documented in most previous studies, in the range of one to two percent of the cost of a project.


2018 ◽  
Vol 12 (1) ◽  
pp. 167-186 ◽  
Author(s):  
M. Kheradmand ◽  
Z. Abdollahnejad ◽  
F. Pacheco-Torgal

Background:Geopolymeric binders are especially indicated when reusing a wide diversity of wastes. This is an important feature, especially in the European context, in which a circular economy and future zero waste are targeted. Still, the cost of these materials, due to the use of high purity activators, prevents their commercialization as they are simply not competitive enough.Objective:The reduction in the amount of activators could be a cost-efficient solution if the associated decrease in the mechanical properties turned not to be excessive. This means that it is important to investigate the manner in which these additives can be used on their composition in order to compensate that mechanical reduction.Results and Conclusion:This paper discloses results concerning the mixed design of fly ash based geopolymeric mixtures using metakaolin, Portland cement (OPC) and calcium hydroxide as additives. Their influence on the mechanical properties, microstructure and cost-efficiency was studied. The results showed that the use of Portland cement as an additive leads to lower compressive strength. Results also show that geopolymers with different additives have different optimum Na2SiO3/NaOH ratios.


BMJ Open ◽  
2020 ◽  
Vol 10 (10) ◽  
pp. e036625
Author(s):  
Tushar Garg ◽  
Manish Bhardwaj ◽  
Sarang Deo

ObjectivesCost-efficient active case finding (ACF) approaches are needed for their large-scale adoption in national tuberculosis (TB) programmes. Our aim was to assess if community health workers’ (CHW) knowledge about families’ health status can improve the cost efficiency of the ACF programme without adversely affecting the delivery of other health services for which they are responsible.DesignQuasi-experimental design.InterventionsWe evaluated an ACF programme in the Samastipur district in Bihar, India, between July 2017 and June 2018. CHWs called Accredited Social Health Activists generated referrals of individuals at risk of TB and conducted symptom-based screening to identify patients with presumptive TB. They also helped them undergo testing and provided treatment support for confirmed TB cases.Primary and secondary outcome measuresWe compared the notification rate from the intervention region with that from a control region in the same district with similar characteristics. We analysed operational data to calculate the cost per TB case diagnosed. We used routine programmatic data from the public health system to estimate the impact on other services provided by CHWs.FindingsCHWs identified 9895 patients with presumptive TB. Of these, 5864 patients were tested for TB, and 1236 were confirmed as TB cases. Annual public case notification rate increased sharply in the intervention region from 45.8 to 105.8 per 100 000 population, whereas it decreased from 50.7 to 45.3 in the control region. There was no practically or statistically significant impact on other output indicators of the CHWs, such as institutional deliveries (−0.04%). The overall cost of the intervention was about US$134 per diagnosed case. Main cost drivers were human resources, and commodities (drugs and diagnostics), which contributed 37.4% and 32.5% of the cost, respectively.ConclusionsACF programmes that use existing CHWs in the health system are feasible, cost efficient and do not adversely affect other healthcare services delivered by CHWs.


2019 ◽  
Vol 10 (1) ◽  
pp. 87-91
Author(s):  
Egzon Bajraktari ◽  
Violeta Nushi ◽  
Manuela Almeida

A major challenge our society faces today is the energy consumption of buildings. Building stock is responsible for about 40% of energy consumption worldwide. The same applies to Kosovo, where a large number of houses are poorly weatherized and inefficient in terms of energy consumption. Most of the energy consumption in the household sector in Kosovo is dedicated to the needs for heating purposes. Furthermore, many of these houses use wood or coal for heating, releasing a lot of gases in the air and so contributing to an increased air pollution both indoors and outdoors. The Faculty of Civil Engineering and Architecture at the University of Prishtina “Hasan Prishtina” aims to address the issue of energy efficiency for these houses. Specifically, in this study we intend to evaluate various retrofit measures applicable in the country for typical masonry houses and identify the cost-efficient solution. This paper reports the initial results of the study and discusses related challenges.


2018 ◽  
Author(s):  
Veronica Root

102 Cornell L. Rev. 1003 (2017)In today’s regulatory environment, a corporation engaged in wrongdoing can be sure of one thing: regulators will point to an ineffective compliance program as a key cause of institutional misconduct. The explosion in the importance of compliance is unsurprising given the emphasis that governmental actors—from the Department of Justice, to the Securities and Exchange Commission, to even the Commerce Department— place on the need for institutions to adopt “effective compliance programs.” The governmental actors that demand effective compliance programs, however, have narrow scopes of authority. DOJ Fraud handles violations of the Foreign Corrupt Practices Act, while the SEC adjudicates claims of misconduct under the securities laws, and the Federal Trade Commission deals with concerns regarding anticompetitive behavior. This segmentation of enforcement authority has created an information and coordination problem amongst regulators, resulting in an enforcement regime where institutional misconduct is adjudicated in a piecemeal fashion. Enforcement actions focus on compliance with a particular set of laws instead of on whether the corporate wrongdoing is a result of a systematic compliance failure that requires a comprehensive, firm-wide, compliance overhaul. As a result, the government’s goal of incentivizing companies to implement “effective ethics and compliance programs” appears at odds with its current enforcement approach. Yet governmental actors currently have the tools necessary to provide strong inducements for corporations to, when needed, engage in restructuring of their compliance programs. This Article argues that efforts to improve corporate compliance would benefit from regulatory mechanisms that (i) recognize when an institution is engaged in recidivist behavior across diverse regulatory areas and (ii) aggressively sanction institutions that are repeat offenders. If governmental actors adopt a new enforcement strategy aimed at “Coordinating Compliance Incentives,” they can more easily detect when an institution is suffering from a systemic compliance failure, which may deter firms from engaging in recidivist behavior. If corporations are held responsible for being repeat offenders across diverse regulatory areas, it may encourage them to implement more robust reforms to their compliance programs and, ultimately, lead to improved ethical conduct and more effective compliance programs within public companies.


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