International Fraud and Ethics Essay

International Fraud and Ethics Essay

Instructions/Descriptions

A law that was enacted 35 years ago could still be active today because it can yet be applied retroactively, meaning that a court of law can contemplate on past cases and how they were dealt. The law might be used in today’s cases, but the judge can change the punishment that was prescribed to such crimes in the past (Burnaby et al. 2015).

The judge has the right to extend or shorten the sentence or add new penalties according to the crime he has applied a proactive law. Retroactive laws can also be used to decriminalize particular action that was considered to be a crime in the past rather than defining them as criminal acts and therefore enables a judge to prohibit the prosecution of individuals (Cleveland et al 2019).

A judge can use retroactive laws to prohibit prosecution or change the terms of punishment of people or organizations that have been prosecuted. The action of making payments to a militant group as Chiquita Banana was doing falls under FCPA because the activity includes the collection and consultation of information related to the national security and prevented system (Burnaby et al. 2015).

The act is a Sentinel project, which oversees international traffic, in addition to the Interpol database. Thus, the competence and performance of the Federal Police in combating international terrorism on foreign soil is divided by the performance of its various internal bodies, such as the Directorate of Judicial Police (Brewster, 2017).

The activity can cause stress to the Antiterrorism Division, the General Coordination of Maritime, Airport and Border Police, the General Coordination of Public and Social Order (Cleveland et al 2019). The FCPA is responsible for investigations and police investigations of crimes for acts of terrorism), the General Coordination for Combating Organized Crime and Special Investigations and the General Coordination of the Tactical Operations Command (Burnaby et al. 2015).

This situation, according to the author, created operation and control structures that are more difficult to monitor and regulate than in the period when finances were managed locally (Brewster, 2017). Its adequacy relies upon a coordinated exertion by the Member States through trades between Intelligence Agencies and Financial Intelligence Units added to the intrigue and backing of governments in distinguishing their starting point and goals (Burnaby et al. 2015).

This collaboration is created with the cooperation of organizations connected to the national and universal money related framework, considered the most touchy and powerless against control, giving information and data on monetary exchanges over specific qualities, which will be the object of investigation.

Be that as it may, the expansion in the opportunities for covering unlawful budgetary assets was made conceivable by the worldwide market itself. As indicated by Burnaby et al. (2015), nations opened their economies, deregulated fiscal frameworks and permitted residential money related frameworks, business and investment banks, stock exchanges, brokerage agencies, to join partners in other countries and, even, invest in each other.

Some of the fallout for Chiquita Banana includes internally or domestic and it is similar to the method used by transnational criminal organizations and mafias. These resources are generated from the compulsory taxation of the populace and organizations, ransoms paid in kidnappings of individuals and pontoons (Cleveland et al 2019).

The benefits acquired in the exchange and medication dealing, for example, the offer of opium in Afghanistan, which supports the Taliban circumstance which involves more noteworthy hard identifying since cash courses in kind. Burnaby et al. (2015) includes, still, voluntary commitments from private sympathizers, from transient networks in diaspora and social and strict associations, in the last case, bound to magnanimity (Brewster, 2017).

A customary practice between bunches is to move cash between them, particularly when lines of account are identified and cut by budgetary knowledge offices and other worldwide bodies (Burnaby et al. 2015). However, the obligation to criminalize this conduct at the international level would arise, for the first time, in addition to the derogation from bank secrecy.

Companies should have a uniform global Code of conduct policies to ensure that the same principles guide their overseas operations as those of in their headquarter country. Within an environment and work we are always called to behave in a manner consistent with the company’s profile and with respect for the rights of others (Cleveland et al 2019).

Although much of the stance to be adopted when acting professionally may seem like common sense, the pattern expected by the company may not be so visible. Specific actions may conflict with the organization’s mission or the image it wishes to convey, or even create legal problems.

To resolve these and other issues, there are codes of conduct, also often referred to as codes of ethics (Burnaby et al. 2015). Code of conduct is a document that seeks to establish guidelines for behavior and action for employees (internal and external) and representatives of a company.

It works as an internal standard, which aligns the organization’s ethical and objective values and emphasizes the laws and regulations applicable to the business. This Code guides the company’s expectations regarding the behaviour of its employees, subcontractors and representatives, inside and outside its facilities.

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The global Code of conduct should be implemented globally, and the company’s officials should ensure that it is being implemented in all their overseas locations (Arthurs, 2019). The Code of ethics and compliance is too important, and it is the role of lawyers to understand this process since they can guide their clients on the subject.

This is justified by the fact that a company’s reputation and image are directly related to its permanence in the market, as consumers or customers pay attention to these details. Despite this, many people do not understand what the subject is about (Arthurs, 2019).

That was the motivating factor for us to develop this post, which will talk about the importance of the Code of ethical conduct for a compliance plan. Compliance companies tend to attract more customers and stand out from the competition. The concern to keep the practices within what is stipulated gives a more robust image to consumers.

Values such as ethical concern and sustainable consumption are also important and taken into account by the general public when choosing a brand or company (Arthurs, 2019). The organizational culture has a substantial impact on the behaviour of employees, who start to act with more integrity in organizations that value this aspect in their activities and relationships. Research shows that companies that care about global compliance have higher levels of employee satisfaction and loyalty.

Companies should have specific global policies regarding payments, gifts, entertainment, and other related matters to ensure that all their operations are regulated and also to avoid possible cases of corruption (Arthurs, 2019). The Companies’ Conduct Committees are executive committees and must have as members of the company’s CEO and those responsible for the Legal, Compliance, Human Resources and other areas as needed.

In the case of matters involving members of the executive board, it is the Committee’s responsibility to refer them to the Board of Directors, guaranteeing independence in the process at all times (Arthurs, 2019). Failure to comply with the Codes is inappropriate conduct, seen as a serious matter that must be reported and addressed and which can lead to disciplinary action.

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The existence of rules, policies and procedures is an essential condition for ensuring continuity. Taking care that they are followed at all times is everyone’s responsibility. Non-compliance with Votorantim’s rules and rules are not tolerated and are subject to punishment (Arthurs, 2019). Corrective measures will depend on the severity of the breach and other relevant circumstances.

To maintain alignment between the Companies, the jurisprudence linked to the process of applying disciplinary measures should be discussed among the members of the Companies’ Committees with the assistance of the Compliance and Ethics Line teams (Arthurs, 2019). Knowing the Committee’s mission and responsibilities and the practices and attitudes required in this Code can contribute to ensuring that such practices are followed and respected.

Whenever they identify a doubtful posture, they try to help colleagues. In the case of identification of inappropriate practice, staff should talk to your immediate superior, your manager or contact the Ethics Line (Cleveland et al 2019). All reports and issues exposed in the Ethics Line go through an analysis process that seeks all available data.

Some cases may take longer to investigate than others. For privacy reasons, Companies’ Committees cannot always keep staff updated on the exact outcome of an issue raised (Arthurs, 2019). However, if after some time, they feel that the matter has not been appropriately addressed, they should contact the management again to check the progress of the staff’s question.

References

Arthurs, H. W. (2019). A global code of legal ethics for the transnational legal field. Legal Ethics, 2(1), 59-69.

Brewster, R. (2017). Enforcing the FCPA: International resonance and domestic strategy. Virginia Law Review, 11-22.

Burnaby, P., Hass, S., & Muehlmann, B. W. (2015). Case: Fighting international fraud with the FCPA. Journal of Forensic & Investigative Accounting, 7(1), 200-216.

Cleveland, M., Favo, C. M., Frecka, T. J., & Owens, C. L. (2019). Trends in the international fight against bribery and corruption. Journal of Business Ethics, 90(2), 19-24.

International Fraud and Ethics Essay

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