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In recent years, lots of big economies have followed America’s lead in tight
In recent years, lots of big economies have followed America’s lead in tight
游客
2025-03-26
9
管理
问题
In recent years, lots of big economies have followed America’s lead in tightening anti-bribery enforcement. It is right that bribery should be punished. The economic effects of illegal profits are startling. Bribery distorts competition and diverts national resources into dishonest officials’ offshore accounts. But the cost and complexity of investigations are spiraling beyond what is reasonable, fed by a hungry "compliance industry" of lawyers who have never seen a local bribery issue that did not call for an exhaustive global review, and by competing prosecutors, who increasingly run overlapping probes in different countries.
To stop a descent into investigative madness, enforcement needs to be reformed in four ways. First, regulators should rein in the excesses of the compliance industry and take into account the cost to firms of sprawling investigations. When firms admit to having uncovered bribery among their managers, regulators expect them to investigate themselves. The authorities should tell them what level of investigation they want so that companies
are not overzealous out of fear of seeming evasive
. This is slowly starting to happen, with officials telling firms they should not "aimlessly boil the ocean."
Second, governments should lower costs by harmonizing anti-bribery laws and improving co-ordination between national probes. The OECD, whose anti-bribery convention has gained wide acceptance, is the natural body to lead this effort.
Third, more cases should go to court. Too often, prosecutors force firms to agree to settlements based on controversial legal theories. Taking such matters to court would have the advantage of establishing clear precedents. When firms are reluctant to go to trial, because they are worried about the financial costs of a criminal charge, the terms of settlements should at least undergo more judicial scrutiny.
Lastly, anti-bribery laws should be amended to offer companies a "compliance defense." If firms can show that they had sound anti-bribery policies, that they were making reasonable efforts to uphold them, that the wrongdoing did not involve senior managers and that they came forward to the authorities promptly, the penalties should be greatly reduced.
Corrosive as bribery is, the response must be proportionate. Investigations that drag on are a waste of management and public resources. The starting-point for up to half of all cases is a firm’s voluntary disclosure, but if costs continue to rise then firms may be more tempted to bury their bad news. Anti-corruption campaigners would have nothing to cheer if the cure ended up being more harmful than the disease. [br] The first way proposed to reform enforcement is to_______.
选项
A、have regulators conduct each probe
B、try to do what seems impossible
C、conduct detailed investigations
D、curb redundant investigations
答案
D
解析
文章第二段第二句是regulators should rein in the excesses of the compliance industry and take into account the cost to firms of sprawling investigations,这就是建议采取的首要措施。句中compliance industry的大意是“执法部门”,是个越来越流行的术语,rein in的意义是“控制”,而sprawling的意义是“四周蔓延的,漫无边际的”。该句的大意是:主管部门应该控制执法部门的烦琐做法并考虑到漫无边际的调查给公司造成的费用。言外之意就是“调查太麻烦,费用太高了”。
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