Skip to content

Compliance Building

Doug Cornelius on compliance for private equity real estate

Menu
  • Home
  • About
    • About
    • About Doug
    • About This Website
    • Why I Blog
    • Speaking Engagements
    • Contact
    • Publications
  • Archives
    • Topic Archive
    • Book Reviews
    • Most Popular
  • Subscribe
  • Disclaimers
    • Disclaimers
    • Policies and Procedures
    • Use of Site Content
    • Comments
    • FTC Disclosure
Menu

Bribery’s Broken Windows

Posted on November 25, 2008May 7, 2015 by Doug Cornelius
Print Friendly, PDF & Email

Alexandra Wrage of TRACE international wrote Bribery’s Broken Windows (.pdf) for the Q1 edition of Ethisphere. She tackles the credibility issue with allowing facilitating payments to low level officials, but saying “no” to senior ranking official. She advocates that the companies should prohibit payments at all levels.

She looks to the New York subway system’s Clean Car Program which is in turn based on the Broken Windows theory of James Wilson and George Kelling.

Once one window in a building is broken, the rest will be broken soon after. The broken  window, left unrepaired, is a sign to the world that no one cares. If no one cares, there is no risk in breaking the rest of the windows. People are better behaved and less prone to escalating criminal activity when they see that their petty acts are addressed promptly and decisively.

Doesn’t it seem likely that this would hold true of petty bribery, too? If officials face “zero tolerance” for the smallest inappropriate demands, if both companies and enforcement agencies declare even the five and ten dollar demands an intolerable abuse of official power, won’t it be more difficult for a culture of corruption to flourish? Otherwise, low-level govern-ment officials will look at the broken windows and assume that no one cares.

Share this:

  • Click to print (Opens in new window) Print
  • Click to share on Facebook (Opens in new window) Facebook
  • Click to share on LinkedIn (Opens in new window) LinkedIn
  • Click to share on X (Opens in new window) X
  • Click to email a link to a friend (Opens in new window) Email

4 thoughts on “Bribery’s Broken Windows”

  1. Chris MacDonald says:
    March 26, 2009 at 4:00 pm

    Nice point.

    You could also draw analogies to the “corruption of judgment” hypothesis that legal-ethics scholar David Luban puts forward in his work on “wrongful obedience.” Basically, Luban’s idea is that once you comply on a small matter, it becomes easier and easier to comply (unethically) as the seriousness of the matter gets ratcheted up.

    Reply
    1. Doug Cornelius says:
      March 27, 2009 at 3:19 pm

      Chris –

      This all translates into the reason for instituting a compliance/ethics program which is to stop a culture of corruption from coming into an organization.

      I think we as humans usually go along with the crowd. We won’t jump off the Brooklyn Bridge just because that what others in the crowd do. But mist of us might make some small transgressions.

      Once we get used to making the small transgressions, we get used to making the bigger transgressions. Eventually, maybe we do take that jump off the bridge.

      Most businesses start off with legitimate intentions. (even Enron). The key to compliance is to catch the small transgressions so that bigger transgressions do not become the cultural norm of the company.

      I have only read a little of Luban. I think I will correct that and add more of his stuff to my reading list.

      Reply
  2. Chris MacDonald says:
    March 27, 2009 at 6:56 pm

    Yes, Luban is worth a look. His explanation of the results of the Milgram experiments is compelling (as is his explanation of why it’s relevant to other settings).

    Cheers,
    Chris.

    Reply

Leave a ReplyCancel reply

This site uses Akismet to reduce spam. Learn how your comment data is processed.

Search for Stuff

Recent Stories

  • Model Fees Versus Actual Fees in Marketing
  • Compliance Bricks and Mortar for January 16
  • Staff Report on Capital-Raising Dynamics
  • Compliance Bricks and Mortar for January 9
  • “Small”: I Don’t Think You Know What That Means
  • CFTC is Saying Goodbye to Private Funds
  • New York’s LLC Transparency Act Will Remain Limited
  • SEC and CFTC With Only Republicans
  • Compliance Books from 2025
  • Happy New Year

Fight Cancer

Please support my Pan-Mass Challenge
Make a donation to fight cancer. donate.pmc.org/DC0176
pan-mass challenge badge

I am a lawyer, but I am not your lawyer. Since I’m a lawyer, this website may be considered attorney advertising under the ethical rules of certain jurisdictions. Please read my disclaimers page before taking any action. And then, don't take any action based on what I wrote.

Creative Commons logo with the text 'Some Rights Reserved' and three symbols representing attribution, non-commercial use, and share alike.

Compliance Building - by Doug Cornelius is licensed under a Creative Commons Attribution-Noncommercial 3.0 United States License.