Managing Conflict of Interest - Organisation for Economic Co ...

Implementation and Enforcement Tools 125as an official. This statute prevents the official from receiving largemonetary gifts from private sources for a job well done. The aim ofthe statute is to prohibit two payrolls and two paymasters for thesame job. It presumes that there is a natural tendency to favor anoutside donor even absent direct pressure to perform in a certainway. The statute alleviates even the appearance of impropriety. 5Enforcement in Practice: The Challenge to Determine IntentThe Public Integrity Section (PIN) of the US Department ofJustice was established in the 1970s—another outgrowth of theWatergate scandal. The unit was created to provide uniformity, standardization,and objectivity in handling all public corruption casesto include those brought under COI statutes.As outlined earlier, standards of enforcement are contingentupon how much evidence of corrupt intent can be established. Severalexamples of cases handled by PIN illustrate this principle.“Now let’s go out and buy us some votes” – Ben Reyes, Houston,TexasBen Reyes was the head of the City Council, in Houston, Texas, theUS’ fourth-largest city, for dozens of years spanning the decades ofthe 1970s through the 1990s. Throughout this time, the local FBI officereceived numerous allegations that Reyes demanded large sums ofmoney from anyone who wanted to do business with the city. Havingfailed to make a bribery case on him over the years, the FBI gotpermission to begin an “undercover operation.” Creating a fictitiouscompany, they bid on a city contract, and then sat back and waited.True to form, Reyes approached the FBI’s make-believe companyand demanded a bribe. Once he was paid for his vote, hedemanded more money to bribe the other members of the Councilfor their votes. The above quote was his precise words as recordedduring the investigation. It leaves little room for interpretation; itshows unequivocally that Reyes intended to receive money forvotes. Given this clear statement of corrupt intent, PIN prosecutedhim under the corruption statutes and asked for the maximum sentenceonce he was convicted.5Sections 209(b)–(e) provide certain exceptions.ADB/OECD Anti-Corruption Initiative for Asia and the Pacific