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What’s happened to the Pandora papers?
Sometime last week, I was amid a group of friends when the argument about the Pandora papers suddenly came up. In brief, the key questions raised were how come no one is talking about the Pandora papers again? What has happened to the investigations, and how come the story has now been relegated to the back seat within the media space? Although, we didn’t have enough time to debate the issues, I promised that I would be sharing my thoughts on this blog. So, I hope they are reading.
We can all agree that for many years, the issues of financial delinquencies and malfeasants have remained one of the major problems facing many societies. We have seen situations where Kleptocratic rulers and their associates loot and siphon state resources, and then stack them up in secret havens. Some of these Kleptocrats prefer to collect luxury Italian wines and French arts with their ill-gotten wealth, while others prefer to purchase luxury properties and 5-star apartments in Dubai, London and elsewhere. We find military generals participating in financial black operations, and we hear about law makers manipulating the gaps in the same laws they have created. In fact, in some spheres, we find ‘business tycoons’ exploiting violence-torn regions to smuggle gold, while in other spheres, some appointed public officers refuse to declare their assets because of fear of the future. Two years ago, we read about the two socialist presidents of the southern Spanish region and how they were found guilty of misuse of public funds. Totaling about €680m, you can imagine the good that could have been achieved in that region. We should also not forget the case of Ferdinand Marcos and his wife, both of whom (we are told) amassed over $10 billion during their reign in the Philippines. As we can see below that from the offshore leak of 2013 to the Panama papers of 2016 and then the 2017 Paradise papers, data leaks have continued to skyrocket. This simply demonstrates the level to which politicians and other official state representatives are taking to invest in this booming industry.
These stories are nothing new, we have always read about them – but then they fade away quicker than we expect. It is important to note that while some countries are swift in conducting investigation when issues like these arise, very little is known about others. So, in this blog, I will simply be highlighting some of the reasons why I think news relating to these issues have a short life span.
To start with, the system of financial corruption is often controlled and executed by those holding on to power very firmly. The firepower of their legal defence team is usually unmatchable, and the way they utilise their wealth and connections often make it incredibly difficult to tackle. For example, when leaks like these appear, some journalists are usually mindful of making certain remarks about the situation for the avoidance of being sued for libel and defamation of character. Secondly, financial crimes are always complex to investigate, and prosecution often takes forever. The problem of plurality in jurisdiction is also important in this analysis as it sometimes slows down the processes of investigation and prosecution. In some countries, there is something called ‘the immunity clause’, where certain state representatives are protected from being arraigned while in office. This issue has continued to raise concerns about the position of truth, power, and political will of governments to fight corruption. Another issue to consider is the issue of confidentiality clause, or what many call corporate secrecy in offshore firms. These policies make it very difficult to know who owns what or who is purchasing what. So, for as long as these clauses remain, news relating to these issues may continue to fade out faster than we imagine. Perhaps Young (2012) was right in her analysis of illicit practices in banking & other offshore financial centres when she insisted that ‘offshore financial centers such as the Cayman Islands, often labelled secrecy jurisdictions, frustrate attempts to recover criminal wealth because they provide strong confidentiality in international finance to legitimate clients as well as to the crooks and criminals who wish to hide information – thereby attracting a large and varied client base with their own and varied reasons for wanting an offshore account’, (Young 2012, 136). This idea has also been raised by our leader, Nikos Passas who believe that effective transparency is an essential component of unscrambling the illicit partnerships in these structures.
While all these dirty behaviours have continued to damage our social systems, they yet again remind us how the network of greed remains at the core centre of human injustice. I found the animalist commandant of the pigs in the novel Animal Farm, by George Orwell to be quite relevant in this circumstance. The decree spells: all animals are equal, but some animals are more equal than others. This idea rightly describes the hypocrisy that we find in modern democracies; where citizens are made to believe that everyone is equal before the law but when in fact the law, (and in many instances more privileges) are often tilted in favour of the elites.
I agree with the prescription given by President Obama who once said that strengthening democracy entails building strong institutions over strong men. This is true because the absence of strong institutions will only continue to pave way for powerful groups to explore the limits of democracy. This also means that there must be strong political will to sanction these powerful groups engaging in this ‘thievocracy’. I know that political will is often used too loosely these days, but what I am inferring here is genuine determination to prosecute powerful criminals with transparency. This also suggests the need for better stability and stronger coordination of law across jurisdictions. Transparency should not only be limited to governments in societies, but also in those havens. It is also important to note that tackling financial crimes of the powerful should not be the duty of the state alone, but of all. Simply, it should be a collective effort of all, and it must require a joint action. By joint action I mean that civil societies and other private sectors must come together to advocate for stronger sanctions. We must seek collective participation in social movements because such actions can bring about social change – particularly when the democratic processes are proving unable to tackle such issues. Research institutes and academics must do their best by engaging in research to understand the depth of these problems as well as proffering possible solutions. Illicit financial delinquencies, we know, thrive when societies trivialize the extent and depth of its problem. Therefore, the media must continue to do their best in identifying these problems, just as we have consistently seen with the works of the International Consortium of Investigative Journalists and a few others. So, in a nutshell and to answer my friends, part of the reasons why issues like this often fade away quicker than expected has to do with some of the issues that I have pointed out. It is hoped however that those engaged in this incessant accretion of wealth will be confronted rather than conferred with national honors by their friends.
BBC (2021) Pandora Papers: A simple guide to the Pandora Papers leak. Available at: https://www.bbc.co.uk/news/world-58780561 (Accessed: 26 May 2022)
Young, M.A., 2012. Banking secrecy and offshore financial centres: money laundering and offshore banking, Routledge
Policy, procedures, processes, and failure
Examine any organisation and you will find a myriad of policy and procedures that are designed to inform its processes and guide employees. On paper, these formalised ideals and directions make absolute sense but frequently they bear no relationship to reality and rather than empowering, they constrain and often demoralise. These idealistic notions of how an organisation should function facilitate the dehumanising effects of managerial diktat and engender an internalisation of failure amongst employees.
By way of an example, in the 1990s police forces began to consider notions of Standard Operating Procedures (SOPs) in respect of crime investigation. These SOPs seemed on the face of it to be a good idea. The police service, driven by government notions of New Public Management, were being measured on crime reduction and crime detection. Performance indicators were propped up by idealistic notions coming out of government supported by HMIC and the now defunct Audit Commission that catching more criminals would engender a virtuous circle resulting in crime reduction. Nothing of course, was further from the truth. But the introduction of SOPs was meant to attempt to address police failings. These, certainly in one force, were at the outset seen as a guide, a minimum standard required in an investigation. They weren’t intended to constrain.
A small department was set up in this force to measure adherence to these SOPs and to report back where there were inherent failures. For example, on attending a house burglary, the attendant officers were required to take a statement from the householder, and they were required to carry out house to house enquiries in the vicinity. At the very least, they needed to knock on doors either side of the house that had been burgled and a couple of houses across the road. Frequently the statement wasn’t taken, or the house-to-house enquiries hadn’t been completed. It became clear that the officers were failing to carry out simple procedures. Measuring adherence to SOPs and providing feedback to promote improvement soon resulted in measuring adherence in order to enforce compliance.
In hindsight, there should have been a realisation that the SOPs, far from being helpful were in fact having a detrimental effect. Where officers could have carried out further investigations based on their professional judgement, they adhered to the minimum required in the SOPs or simply failed to comply with them fully. This was partially resultant of a notion amongst officers that discretion was being curtailed, but more notably it was driven by other processes and organisational priorities. These other processes were to do with attendance at other incidents. Graded as a priority by the control room, officers were being pulled off the burglary investigation and therefore couldn’t comply with the burglary investigation SOPs. Police forces were also being measured on how quickly they responded to and arrived at various calls for service. There was clearly a direct conflict between management ideals and reality with the officers being set up to fail in one aspect or another. There were simply not enough staff to do all the work and to manage the overwhelming demands at certain times.
One way of dealing with the failures was to link these to the performance and development review (PDR) process. The development aspect was a somewhat redundant term as the PDR was all about performance. Of course, each time the PDR came around the officers had failed to achieve their objectives. This provided lots of evidence of people not doing their job properly. In the wider gamut of crime figures officers at various levels began to realise that the only way to avoid accusations of poor performance was to manipulate the crime figures. In the meantime, those driving the behaviours, washed their hands of them whenever someone was found out, often hiding behind the SOPs and policy. The misuse of the PDR process and the consistent scrutiny of performance metrics resulted in the internalising of failure by staff. Whole systems and processes had been set up to measure failure, after all how could success be measured if it could never be achieved. Of course, it could never be achieved because the ambition and driving force behind this, government’s notions of crime control, were based on ideals and rhetoric not science. But the overriding fact was that it could never be achieved because there were never enough resources to achieve it.
The failure of course wasn’t in the officers that didn’t adhere to the SOPs or those that manipulated crime figures to try to avoid overbearing scrutiny, it was the failure of managers to provide adequate resources. It was a failure of managers to try to understand what reality looked like and it was a failure of managers to deal with the dehumanising effects of policy, procedure and processes.
Having left the police, I thought higher education would somehow be different. I don’t think I need to say anymore.
Congratulations, but no Celebrations
A few weeks ago, Sir Cliff Richard won his high court case against the BBC over the coverage of a police raid on his home, the raid relating to an investigation into historical sex abuse. I remember watching the coverage on the BBC and thinking at the time that somehow it wasn’t right. It wasn’t necessarily that his house had been raided that pricked my conscience but the fact that the raid was being filmed for a live audience and sensationalised as the cameras in the overhead helicopter zoomed into various rooms. A few days later in the sauna at my gym I overheard a conversation that went along the lines of ‘I’m not surprised, I always thought he was odd; paedo just like Rolf Harris’. And so, the damage is done, let’s not let the facts get in the way of a good gossip and I dare say a narrative that was repeated up and down the country. But Sir Cliff was never charged nor even arrested, he is innocent.
The case reminded me of something similar in 2003 where another celebrity Matthew Kelly was accused of child sex abuse. He was arrested but never charged, his career effectively took a nose dive and never recovered. He too is innocent and yet is listed amongst many others on a website called the Creep Sheet. The name synonymous with being guilty of something unsavoury and sinister, despite a lack of evidence. The way some of the papers reported that no charges were to be brought, suggested he had ‘got away with it’.
The BBC unsuccessfully sought leave to appeal in the case of Sir Cliff Richard and is considering whether to take the matter to the appeal court. Their concern is the freedom of the press and the rights of the public, citing public interest. Commentary regarding the case suggested that the court judgement impacted victims coming forward in historical abuse cases. Allegations therefore need to be publicised to encourage victims to come forward. This of course helps the prosecution case as evidence of similar fact can be used or in the view of some, abused (Webster R 2002). But what of the accused, are they to be thrown to the wolves?
Balancing individual freedoms and the rights of others including the press is an almost impossible task. The focus within the criminal justice system has shifted and some would say not far enough in favour of victims. What has been forgotten though, is the accused is innocent until proven guilty and despite whatever despicable crimes they are accused of, this is a maxim that criminal justice has stood by for centuries. Whilst the maxim appears to be generally true in court processes, it does not appear to be so outside of court. Instead there has been a dramatic shift from the general acceptance of the maxim ‘innocent until proven guilty’ to a dangerous precedent, which suggests through the press, ‘there’s no smoke without fire’. It is easy to make allegations, not easy to prove them and even more difficult to disprove them. And so, a new maxim, ‘guilty by accusation’. The press cannot complain about their freedoms being curtailed, when they stomp all over everyone else’s.