economics of bribery

Economics of BriberyGaribaldi Italian Restaurant & Bar

Thursday, 24 October 2013By Eric Roring Pesik

10 Pound Notes by Images Moneyhttp://www.flickr.com/photos/59937401@N07/5929623095/

Peter HumphreyChina central broadcaster CNTV via Mail Onlinehttp://www.dailymail.co.uk/news/article-2403297/

Secrets and corruption by Adán Sánchez de Pedrohttp://www.flickr.com/photos/aesedepece/8176804808/

American CashThis image is in the public domain.

Source: http://commons.wikimedia.org/wiki/File:American_Cash.JPG

Talk to the hand by John Lambert Pearsonhttp://www.flickr.com/photos/orphanjones/2123340817/

Economics of Bribery

Economics by Mark Wainwrighthttp://www.flickr.com/photos/m-a-r-k/3528237255/

Rational utility-maximization

Money Scales by Images Moneyhttp://www.flickr.com/photos/59937401@N07/5857910508/

Money on a Hook by Tax Creditshttp://www.flickr.com/photos/76657755@N04/7214510228/

The FCPA Blog http://www.fcpablog.com/blog/tag/top-tenImage: Arms Folder by D Planet

http://www.flickr.com/photos/dplanet/94441584/

Top 10 FCPA Fines of All Time

$95 Million

$137 Million

$185 Million

$219 Million

$338 Million

$365 Million

$395 Million

$400 Million

$579 Million

$800 Million

Deutsche Telekom (Germany)

Alcatel-Lucent (France)

Daimler AG (Germany)

JGC Corporation (Japan)

Technip S.A. (France)

Snamprogetti/ENI (Holland/Italy)

Total S.A. (France)

BAE (UK)

KBR/Halliburton (USA)

Siemens (Germany)

International Currency by epSos.dehttp://www.flickr.com/photos/epsos/8453271596/

11% of companies say “firms like theirs” bribe

Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)

Image: Don by D Planet http://www.flickr.com/photos/dplanet/94442620/

20%Corruption costs the equivalent of a 20% tax

Six Questions on the Cost of Corruption With World Bank Institute Global Governance Director Daniel Kaufmann

http://go.worldbank.org/KQH743GKF1Image: We Want You by D Planethttp://www.flickr.com/photos/dplanet/94442625/

40% of companies claim to have lost business to competitors who won contracts unethically

Image: Adjust Tie by Dplanethttp://www.flickr.com/photos/dplanet/94441582/

Who is making money?

Is bribery worth it?

Is it worth the riskof bribing and

getting caught?

Image: http://office.microsoft.com/en-sg/results.aspx?qu=MP900185047

Is it worth bribing andgetting away with it?

Image: Adjust Tie by D Planethttp://www.flickr.com/photos/dplanet/94441582/

Greed by Liz Westhttp://www.flickr.com/photos/53133240@N00/2207307656/

What is the ROI of bribery?

Who bribes?How much do they pay?What value do they get?

Most bribery statistics comefrom firms that

got caught

http://office.microsoft.com/en-us/images/results.aspx?qu=handcuffs&ex=2#ai:MP900402864|

Who bribed and got away with it

http://office.microsoft.com/en-us/images/results.aspx?qu=MP900443285&ex=1

Theatrical poster for Fight Club, Copyright © 1999 by 20th Century Fox. All Rights Reserved.http://en.wikipedia.org/wiki/File:Fight_Club_poster.jpgThis image is of a poster, and the copyright for it is owned by either the publisher or the creator of the work depicted.

Image: St Munchins Contract Signing 60 by St Munchin's Collegehttp://www.flickr.com/photos/stmunchins/6864640994/

British Money and magnify glass by Images of Moneyhttp://www.flickr.com/photos/59937401@N07/5857443389/

Who bribes?How much do they pay?What value do they get?

Who bribes?

Case Study:Forensic Accounting

http://office.microsoft.com/en-us/images/results.aspx?qu=MP900385334

1,388 fraud cases100 countries6 continents2 year period

ACFE Report to the Nations on Occupational Fraud and Abuse (2012)

Companies don’t pay bribes; people pay bribes

http://office.microsoft.com/en-sg/images/results.aspx?qu=mP900442346

Pressure

Instability in Life Circumstances

Excessive Pressure from Family or Peers

Complained About Lack of Authority

Past Legal Problems

Refusal to Take Vacations

Excessive Pressure from Organization

Complained About Inadequate Pay

Past Employment Related Problems

Addiction Problems

Irritable, Suspicious, Defensive Attitude

Divorce or Family Problems

Wheeler-Dealer Attitude

Control Issues, Unwilling to Share Duties

Unusually Close with Vendor or Customer

Financial Difficulties

Living Beyond Means

ACFE Report to the Nations on Occupational Fraud and Abuse (2012) Image: http://office.microsoft.com/en-us/images/reults.aspx?qu=MP900431223

LivingBeyond Means

FinancialDifficulties

Control Issues, Unwillingness to

Share Duties

Unusually Close withVendor/Customer

Wheeler-DealerAttitude

AssetMisappropriation

Corruption

Financial Statement Fraud

ACFE Report to the Nations on Occupational Fraud and Abuse (2012) Top 5 Behavioural Red-Flags

Never a 1:1 relationship

0.6%0.6%0.7%1.1%1.2%1.4%1.9%2.0%

3.7%4.2%

5.7%5.9%

6.9%11.9%

12.8%17.4%

LegalInternal Audit

Research and DevelopmentMarketing/Public Relations

Human ResourcesBoard of Directors

Manufacturing and ProductionInformation Technology

FinanceWarehousing/Inventory

PurchasingOther

Customer ServiceExecutive/Upper Management

SalesOperationsAccounting

ACFE Report to the Nations on Occupational Fraud and Abuse (2012) Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900422882

Gender of Perpetrators

Male65%

Female35%

ACFE Report to the Nations on Occupational Fraud and Abuse (2012)

Female 52%

Male 84%

Canada

United States

Oceanina

Central & S.America

Africa

Europe

Gender of PerpetratorsACFE Report to the Nations on Occupational Fraud and Abuse (2012)

Tenure of PerpetratorsACFE Report to the Nations on Occupational Fraud and Abuse (2012) - Scaled Risk Factor (Frequency * Amount)

Less than 1 year

1 to 5 years

6 to 10 years

More than 10 years

Education of PerpetratorsACFE Report to the Nations on Occupational Fraud and Abuse (2012) - Scaled Risk Factor (Frequency * Amount)

High School or Less

Some College

College Degree

Postgrad Degree

Who bribes?

http://office microsoft com/en-us/images/results aspx?qu=MP900408932

*Except in Canada

Image: Portrait of a businesswoman by Victor1558http://www.flickr.com/photos/76029035@N02/6829334723/

The average personcurrently in prison for FCPA violations is58 years old

How much do they pay?

Case StudyForensic Accounting

166 historical bribery incidents 107 publically listed firms20 stock markets52 countries36 year time period

Median bribe amount

Image: http://office.microsoft.comus/images/results.aspx?qu=MP90044

$1.06 M

$11.43 M

Low Rank Officials High Rank Officials

Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900422532

$16.77 M

$13.77 M

$7.63 M

$5.32 M

$5.00 M

$0.50 M

$0.19 M

Head of State

Member of Parliament

Government Minister

Military Officer

Head of Agency

Governor/Mayor

Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012) Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900448685

Bribe as percentage of project awarded:

Image: http://www.flickr.com/photos/34728058@N08/4818131438/

4.42%1.22%

Bribe %Low Rank

Official

Bribe %High Rank

OfficialCheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)

Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900401019

What benefits do they get?

Image: http://www.fanpop.com/clubs/marlon-brando/images/9109847/title/godfather-fanart

Don’t write if you can talk, don’t talk of you can nod your head, don’t nod your head if you don’t have to.

The Family CorleonePrequel to Mario Puzo'sThe Godfather

Case Study:Markets Analysis

Image: http://en.wikipedia.org/wiki/File:Radar_Detector._canada._Escort_Passport_8500_x50_blue_3635.jpg

How do the police detect cars with radar detectors?

Image: http://en.wikipedia.org/wiki/File:Radar_gun.jpg

Suddenly flash radar into a crowd of cars

Image: http://en.wikipedia.org/wiki/File:Radar_Detector._canada._Escort_Passport_8500_x50_blue_3635.jpg

Take away the ability to bribe and see which stocks hit the brakes

UK Bribery Act 2010Exogenous shock:

Newspapers did not discuss vote

Previous legislation was early 19th & 20th

century

All previous attempts had failed

Included unexpectedly severe fines

Zeume, Stefan, Bribes and Firm Value - Evidence from Anti-Bribery Regulation (August 18, 2013). Image: http://office.microsoft.com/en-us/images/results.aspx?qu=MP900422830

645 UK firms$3.768B Average Market Cap$429M Median Market CapEvent Date: 25-March 2009

Zeume, Stefan, Bribes and Firm Value - Evidence from Anti-Bribery Regulation (August 18, 2013).

Market CapitalizationWhat would it cost to buy every share of stock in the company

Median Size Firm50th percentile (50% of firms are smaller, 50% are larger)

Abnormal ReturnsDifference between stock price change compared to the rest of the market

-0.06%

-0.87%

-0.05%

CAR [-20;-1] CAR[0;1] CAR[2;20]

$2.43 Trillion Loss in Market CapZeume, Stefan, Bribes and Firm Value - Evidence from Anti-Bribery Regulation (August 18, 2013).

Foreign Corruption Exposure

Do firms that operate in more corrupt countries have greater drop in firm value?

Image: http://www.transparency.org/cpi2012/results

0.51% more negative CAR [0;1]$2.19M more negative loss for median-size firm

-0.87%-0.61%

-1.12%

-0.51%

BaselineLow Foreign

Corruption ExposureHigh Foreign

CorruptionExposure

Other Anti-Bribery Regulations

Do firms that are already subject to US anti-bribery regulations (FCPA) experience a smaller drop in firm value?

0.37% more negative CAR [0;1] $1.58M more negative loss for median-size firm

-0.87% -0.92%

-0.55%

-0.37%

Baseline No Cross-Listing US Cross-Listing

Spillover to Foreign Firms

Do non-UK firms with UK links and high foreign corruption exposure experience higher drop in firm value?

Image: http://www.transparency.org/cpi2012/results

Foreign firms with high foreign corruption exposure and UK links had 0.19% more negative returns

-0.87%

-0.19%-0.31%

-0.12%

-0.19%

UK Firms Foreign FirmsForeign Firms with UK Link

Foreign Firms without UK Link

Median size firms with high corruption exposure experienced US $2.19M more negative loss than firms with low corruption exposure

But what about individual firms and individual bribes...

Case StudyHistorical Analysis

Use the records of firms that bribe

and got caught

Don’t look at the date of revelation of the bribery

Look back in time to when the contract

was awarded

Look at the companyperformance when bribing and getting away with it

Example:

Elf Aquitaine paid $46M in bribes to acquire German oil refinery assets in 1992

At the time the deal was originally announced, Elf earned $327M cumulative abnormal returns or a 7 x return

(The bribe was later discovered later and numerous executives received jail terms in 2002-2003)

166 actual bribery incidents107 publically listed firms20 stock markets52 countries36 year time period

For the 166 bribes studied,the average return was 10.5 x

10.5 X

All Bribes

High-Rank Politicians

CAR [-1,+1] relative to initial contract announcements, divided by amount of the bribe.

But that’s not the end of the story...

Do firms that bribe perform better?

http://office.microsoft.com/en-us/images/results.aspx?qu=reports&ex=1#ai:MP900422411|mt:2|

Examine financial performance3 years beforeand 3 years after

Year -3 Year -2 Year -1 Year 0 Year +1 Year +2 Year +3

Sales Growth

Companies that bribe have greatersales growth compared to control firms

-1.20%

-1.50%

-0.90%

-0.70% -0.70%-0.60%

-0.30%

Companies that bribe have poorer return on assets(ROA = EBIT divided by total assets)

-12.10% -11.80%

-9.70%

-14.20%

-10.60%

-6.60%

-2.40%

Asset Turnover

Companies that bribe have poorer asset turnover(sales revenue divided by total assets)

-0.90% -0.90%

-0.50%-0.40%

-0.80%

-0.30%

Operating profit margin

Companies that bribe have poorer operating profit margin compared to control firms

(operating profit divided by sales revenue).Cheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, How Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases Worldwide (March 30, 2012)

-0.50%

-0.10%-0.20%

-0.40%

-1.20%

-0.60%

Net Profit Margin

Companies that bribe have poorer net profit margin(net income divided by sales revenue)

Companies that bribe have poorer cumulative abnormal returns(difference between the sum of the monthly returns

for bribing firms versus control firms)

-2.90%

0.50%1.50% 1.60%

-4.60%

-6.80%

Bribe-paying firms underperform the marketfor 3 years before and 3 years after winning the contract

(except for sales growth)

What’s next?

The Pay Off by Chris Potter (www.stockmonkeys.com)http://www.flickr.com/photos/86530412@N02/8449175260/

An Inquiry into the Nature and Causes of the Wealth of Nations by Adam SmithSource: http://en.wikipedia.org/wiki/File:Wealth_of_Nations_title.jpgThis image is in the public domain because its copyright has expired.

Balancing Sunlight by D Sharon Pruitthttp://www.flickr.com/photos/pinksherbet/3938631939/

Discussion Question

Why do bribe paying firmsunderperform?

Economics of BriberyGaribaldi Italian Restaurant & Bar

Thursday, 24 October 2013By Eric Roring Pesik

10 Pound Notes by Images Moneyhttp://www.flickr.com/photos/59937401@N07/5929623095/

Acknowledgements

AcknowledgementsHow Much do Firms Pay as Bribes and What Benefits do They Get? Evidence from Corruption Cases WorldwideCheung, Stephen Yan-Leung, Rau, Raghavendra and Stouraitis, Aris, (March 30, 2012). http://ssrn.com/abstract=1772246

Bribes and Firm ValueEvidence from Anti-Bribery Regulation Zeume, Stefan, (August 18, 2013). http://ssrn.com/abstract=2179437

Report to the Nations on Occupational Fraud and Abuse Association of Certified Fraud Examiners (2012)http://www.acfe.com/rttn.aspx

Microsoft Office OnlineImages from Microsoft Office Online are used with permission from Microsoft.; no rights to further license or distribute the media elements.http://office.microsoft.com/en-us/images/

Flickr Creative CommonsImages from Flickr Creative Commons are used under Creative Commons license.http://www.flickr.com/creativecommons/

Other SourcesCorporate logos are property of their respective companies. All other sources and images are acknowledged where they appear.

About the AuthorEric Pesik Eric Pesik is a frequent speaker on legal and compliance matters and has taught law school and business school in the USA and Singapore.

BackgroundMr. Pesik is currently the Associate General Counsel and Compliance Officer for Seagate Singapore International Headquarters Pte Ltd. He has been a lawyer since 1997 and is a member of the State Bar of California, USA. He is also admitted to the US Court of International Trade in New York and the US Supreme Court in Washington, DC.

DisclaimerThis work represents the opinions of the author alone, and is not the opinion his employer.

Other PresentationsMany of Mr. Pesik’s presentations are available on SlideShare at: http://www.slideshare.net/ericpesik

Creative Commons Attribution LicenseYou are free to share, copy, distribute, and transmit this work; to remix or adapt this work; and to make commercial use of this work, under the condition that you must attribute this work to me (but not in any way that suggests that I endorse you or your use of this work). Each slide contains source attributions and URL; before reusing, you must obtain the original images from the original sources, and you must comply with any applicable license restrictions imposed by the original source.

http://creativecommons.org/licenses/by/3.0/

economics of bribery

corruption

scaled risk

perpetrators

size firm

images money

sales revenue

negative loss

occupational

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