Case Study | Title: Anti-Bribery (Regulatory and Compliance Risk) - GRM Institute

Case Study | Title: Anti-Bribery (Regulatory and Compliance Risk)

Anti-Bribery

 

Content of the study:

  • Introduction​
  • Scam of Walmart​
  • Why did it take place?​
  • Impact and punishments​
  • How to change things?​
  • Why should I change​?
  • Example of an Ethical Company​

 

Defining Bribery:

  • There is no universal definition of bribery but all definitions have in common that it involves someone in an appointed position acting voluntarily in breach of trust in exchange for a benefit.​
  •  The benefit does not have to involve cash or a payment exchanging hands.​
  •  Benefits can be in any form such as gifts, hospitality, access to assets, or a favor made to a person, friend, etc.​

 

Laws Applicable: (1/2)

India: Prevention of Corruption Act, 1988 (Amendment Act, 2018) states:-​

  • “Bribe’ includes facilitation payments, directly or through third parties, gift, hospitality, and expenses which may or perceive to affect the outcome of business transactions, which are not reasonable and bonafide;​
  • Criminalizes receipt of any ‘undue advantage’ by ‘public servants’ and providing such undue advantage by other persons​
  • ‘Public Servants’ includes any person in the service or pay of the government, local authority, government company, and employees of institutions receiving state financial aid​
  • Employees of private sector banks are also considered as government employees under this act​.

 

Laws Applicable: (2/2)

The US: Foreign Corrupt Practices Act of 1977, (FCPA) is a:-​

  • United States federal law that prohibits U.S. citizens and entities from bribing foreign government officials to benefit their business interests​
  • FCPA is applicable worldwide and it extends mainly to the publicly traded companies​
  • Criminal and civil penalties are applied by the Department of Justice (DOJ) and Securities and Exchange Commission (SEC)​

 

Read the whole case study here: Anti Bribery GRMI-Case Study

Research and submitted  by Soorya Subramanian​, Manali k Kapat, Rohit Sisodia, Arun Nemani

PGDRM Batch July’19-20 and Jan’20-21

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