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Gift policy, bribes and corruption

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Abstract

A ban on gifts in public offices partially deters bribery but may induce undeterred bribers to switch from gifts to money. The rise in the use of a more liquid instrument (money) increases the bribe acceptance rate and, possibly, the measure of unqualified applications approved by the office. A gift ban may thus amplify the social costs of corruption by allocating public resources to the wrong people. It is shown that the optimal limited gift ban with a value cap binding on “expensive” gifts dominates the free gifts policy. The limited ban has weaker deterrence than the complete ban but it may reduce the social costs of corruption by minimizing the switch from gifts to money.

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Notes

  1. The City of Houston, for example, applies complete ban on gifts in its public offices since 1993 on any money, property, service or other thing of value by way of gift.

  2. An example is the city of Los Angeles gift policy, adopted in 1990, banning on an annual basis gifts valued above $100 from sources that are actually “served” by the official, above $320 inclusive of all other sources (Denhardt and Gilman 2002). Another is the South African public administration, where the gift value limit is 350 Rands, above which the gift must be returned to the donor or declared to higher administration for approval. In some cases the cap is vague, as in the Philippines where under Republic Act 6713, the ban on gifts is formulated as complete ban applying on festive occasions as well, but with exceptions, “if the value of the gift is under the circumstances manifestly excessive.”

  3. This is recognized in, for example, Malawi government’s guidelines against corruption, South African draft reform for integrity in public service, and also in Western public administrations’ codes of ethics (Public Service Commission Report 2008). In the law and economics literature, the analysis of the optimal burden of proof in adjudication bears on this issue, where a strong burden of proof deters both undesirable and desirable behavior. See Kaplow (2011).

  4. Some authors have termed this kind of corruption, collusive. See for instance Ryvkin and Serra (2019), who distinguish it from “extortive corruption” which refers to “speed money” imposed on qualified citizens to reduce the delay in the delivery of a public service. The appropriate measure of corruption is a debated issue, discussed in Mendez and Sepulveda (2010).

  5. See Prendergast and Stole (2001), showing the role of incomplete information in the donor’s gift choice, Ong (2009) who develops an incomplete information model to explore a guilt-and-shame based explanation for why some people accept while others reject gifts, potentially with reciprocation expectation. For a survey of the relation of gifts to social capital and related issues, see Dolfsma et al. (2009).

  6. Klitgaard’s (1991) “Gifts and Bribes,” for example, is quite specific in its anti-corruption policy recommendations but does not discuss the appropriate action about gifts in public offices.

  7. See for instance Lambsdorff and Frank (2010). In their setup the briber transfers a payoff and labels it either “this is a gift” or “this is a bribe.” In this paper gifts are simply alternatives to cash as in-kind media of bribery and there is no confusion as to the objective of the gift-giver. A labeling issue may arise under uncertainty about corruptibility of the agent, where gifts may serve screening the agent’s type and potentially initiate trust for future corrupt transactions as would be the case with gifts to medical doctors in expectation of future prescriptions favoring the donor’s company. Another branch of the experimental literature focuses on the impact of bureaucratic structure, such as the level of competition between bureaus, on corruption. See Ryvkin and Serra (2019), which also contains references to other experimental studies of corruption.

  8. Though bribers may seek information to partially mitigate the risk that their gifts do not match the agent’s tastes, several factors limit their success. Not only the information is costly to search for and always remains imperfect, in some cases it may be very difficult to learn beforehand the identity of the agent who will receive the application; then the briber has no choice but to rely on secondary taste information or, custom.

  9. Acknowledgement of a gift is related to its market value (Sherry 1983). The working assumption that any expensive gift of value \(p_1\) which one likes (resp., dislikes) is preferred to a cheaper gift of value \(p_0\) which one also likes (resp., dislikes) can be replaced by a weaker stochastic version, namely, that the agent prefers the expensive gift with probability \(\rho (\Delta p)\), increasing in \(\Delta p = p_1 -p_0\). The larger the price difference between two gifts that the agent likes (or dislikes), the larger is the probability that he gets a higher utility from the more expensive gift.

  10. There could, of course, also be qualified clients who apply for the service. The model excludes qualified clients because their behavior is transparent and analytically uninteresting given the purpose of this paper.

  11. One could posit different first-stage detection probabilities for bribes in money and bribes in prohibited gifts. However, the fact that a gift ban reduces the concealment advantage of gift bribes is already captured by the two-stage enforcement structure, explained further below.

  12. Physical size and visibility of a gift would also affect its detection probability, which the bribers would take into account in choosing their gifts. In the category of prohibited gifts of value $5000, for example, a watch might be less likely to be detected, hence a better instrument of bribery, than a motorcycle. On the other hand, the comparison between the detection probability of the watch as bribe and the detection probability of $5000 money bribe may not be straightforward. If both transactions are prohibited, the analysis assumes, they are detected with the same probability, whereas a gift which the agent is allowed to accept is less likely to be detected as bribe than a money bribe.

  13. Sequential rationality eliminates the possibility of empty threats by the agent to reject an offer that yields a positive final utility. Because the agent’s final utility does not depend on the client’s type, the acceptance/rejection decision will be optimal under any belief the agent might have about the client’s type.

  14. A standard tie-breaking assumption ensures that the agent will accept such an offer.

  15. The standard result is that maximal sanctions should be combined with minimal punishment probabilities, but the literature identifies a multitude of limitations on Beckerian sanctions. See Mookherjee and Png (1995) for an analysis of the impact of enforcement variables and Chalfin and McCrary (2014) for a survey.

  16. Throughout the analysis the upper bound \(B_{max}\) on client benefits is assumed to be larger than \(max \{ B_M ,B_C \}\), but this assumption is easily relaxed.

  17. As bribery is difficult to detect on the spot, \(\mu\) should be small relative to r as required. In most countries criminal sanctions for bribery tend to be symmetric (Hepkema and Booysen 1997), on grounds that the two sides equally contribute to the harm and jeopardize the quality and objectivity of governmental decisions. In organized crimes where the official contributes in his capacity as public servant, the norm is a larger sanction on the official partner than the civil partner, as for example in medical personnel’s involvement in organ trade or drug trafficking.

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Appendix

Appendix

Proof of Proposition 2

Comparing (6) and (3), it is easy to verify that \(B_\pi < B_M^0\). Thus, there exist client types who prefer bribing with the \(\pi\)-gift to offering the money bribe \(m_B\) defined in (1).

Because the agent’s final utility depends on the gift or cash he receives and the expected fine, his sequential rational strategy is to accept any bribe that yields a non-negative expected utility. This fact is used in defining the critical money bribe \(m_B\) in (1) and the values of the \(\pi\)-gift bribe and the 1-gift bribe. Given the cost and acceptance probabilities of these bribes, each client type’s strategy is reduced to chosing the bribe instrument that maximizes his individual expected utility.

(a) Assume (10), thus, \(B_C \ge B_M\). For \(B > B_M\), we know by (7) that the best instrument of bribery is the 1-gift.

Consider \(B \in (B_M, B_C )\). By definition, \(U_\pi > U_1\) if \(B < B_C\). Thus, for B in the range \((B_M, B_C )\), we have \(U_M< U_1 < U_\pi\). These B types prefer the \(\pi\)-gift to the 1-gift, and the 1-gift to the money bribe \(m_B\).

Consider now \(B \le B_M\) and recall that \(B_M> B_M^0 > B_\pi\). For client types \(B \le B_M\), the expected utilities are ranked as \(U_\pi > U_1\) and \(U_M \ge U_1\), with \(U_M = U_1 < U_\pi\) at \(B = B_M\). Note that the expressions of \(U_M\) and \(U_\pi\) are both linear and increasing in B. Since \(B_\pi < B_M^0\) and \(U_\pi > U_M\) at \(B = B_M\), it follows that \(U_\pi > U_M\) for all \(B \in [B_\pi , B_M ]\). Finally, for \(B < B_\pi\), all bribe options yield a negative expected utility by definition, so the optimal strategy of these client types is not to apply. The equilibrium strategies are therefore as stated in Lemma 1.

(b) Assume \(B_C < B_M\). As in part (a), consider first large enough B types, such that \(B > B_M\). In this range, the expected utilities rank as \(U_1> U_M > U_\pi\), so these client types will offer the 1-gift bribe. Consider \(B \le B_M\). Decreasing B gradually in the left neighborhood of \(B_M\) (recall that \(U_M = U_1 > U_\pi\) at \(B_M\)), the ranking of expected utilities becomes \(U_M> U_1 > U_\pi\). This ranking holds as long as \(B > B_C\). Thus all client types \(B \in (B_C, B_M)\) offer the money bribe. At \(B=B_C\) both gift options yield the same expected utility, \(U_1 = U_\pi\), yet this client’s best option remains the money bribe because \(B_C < B_M\) and so, \(U_M > U_1 = U_\pi\).

Moving to the left neighborhood of \(B_C\), observe that by continuity of the client’s expected utility we have \(U_M> U_\pi > U_1\) for B sufficiently close to \(B_C\). In this benefit range the money bribe remains the first best option but the \(\pi\)-gift becomes the second-best option, better than the 1-gift bribe.

Decreasing B further, the benefit at which \(U_M =0\) is reached, \(B=B_M^0\)(\(> B_\pi\)) where \(U_\pi > U_M =0\). Given continuity of \(U_M\) and \(U_\pi\) and the fact that \(U_M > U_\pi\) at \(B_C\), there must exist a unique benefit \(\underline{B}_M \in (B_M^0 , B_C)\) at which \(U_\pi = U_M\), such that \(U_M > U_\pi\) for \(B > \underline{B}_M\) and \(U_M < U_\pi\) for \(B < \underline{B}_M\). Therefore the money bribe is optimal in the right neighborhood of \(\underline{B}_M\) whereas the \(\pi\)-gift bribe is optimal for \(B \in (B_\pi , \underline{B}_M]\). \(\square\)

Proof of Proposition 5

The proof proceeds by evaluation of the derivatives of the right and left hand sides of (13) in the case \(B_C < B_M\), to verify if (13) is reinforced or not by marginal changes in the variables listed in the proposition.

Condition (13) is more likely to hold when \(f_A\) increases, if

$$\begin{aligned} \frac{ \partial \Delta NA}{\partial f_A} \lesseqqgtr&\,\,0 \text{ if } (1-\mu )g( B_M^0 ) \frac{\mu +(1- \mu )r}{(1- \mu )(1-r)}\nonumber \\ \gtreqqless&\,\,\pi g(B_\pi ) \frac{r}{1-r} + (1-\mu -\pi ) g( \underline{B}_M ) \frac{\mu +(1- \mu - \pi )r}{(1- \mu - \pi )(1-r)}. \end{aligned}$$
(15)

If the densities are equal, \(g(B_\pi ) = g( B_M^0 ) = g( \underline{B}_M ) =g(B_M)\), by simplifying and rearranging terms reveals that (15) holds with equality. Therefore the sign of the impact on \(\Delta NA\) depends on the densities. The proof for case of a larger \(f_C\) is identical.

Consider a marginal increase in r. The impact on \(\Delta NA\) is

$$\begin{aligned}&\frac{ \partial \Delta NA}{\partial f_A} \lesseqqgtr 0 \,\,\text{ if } \,\, (1- \mu )g( B_M^0 ) \frac{\partial B_M^0 }{\partial r} \gtreqqless \pi g(B_\pi ) \frac{\partial B_\pi }{\partial r} + (1-\mu - \pi ) g( \underline{B}_M ) \frac{\partial \underline{B}_M }{\partial r},\\&\quad \text{ where } \,\, \frac{\partial B_M^0 }{\partial r} = \frac{f_A+f_C}{1-r}[1 + \frac{\mu + (1-\mu )r}{(1-\mu )(1-r)}, \quad \quad \frac{\partial B_\pi }{\partial r} = \frac{f_A+f_C}{1-r}\left[ 1 + \frac{r}{1-r} \right] ,\\&\quad \text{ and } \quad \frac{\partial \underline{B}_M }{\partial r} = \frac{f_A+f_C}{1-r}[1 + \frac{\mu + (1-\mu - \pi )r}{(1-\mu - \pi )(1-r)}. \end{aligned}$$

Under equal densities \(g(B_\pi ) = g( B_M^0 ) = g( \underline{B}_M ) =g(B_M)\), we get \(\partial \Delta NA / \partial r =0\) after simplifying the terms. For a larger r to have an impact on \(\Delta NA\), the densities around these critical B levels must be different.

First-stage detection probability \(\mu\) does not affect \(B_\pi\). Thus

$$\begin{aligned} \frac{ \partial \Delta NA}{\partial f_A} \lesseqqgtr 0 \,\,\text{ if } \,\, - G(B_M^0 ) + (1- \mu )g( B_M^0 ) \frac{\partial B_M^0 }{\partial \mu } \gtreqqless - G( \underline{B}_M ) + (1-\mu - \pi ) g( \underline{B}_M ) \frac{\partial \underline{B}_M }{\partial \mu } , \end{aligned}$$

that is,

$$\begin{aligned}&- G(B_M^0 ) + (1- \mu )g( B_M^0 ) \left[ \frac{(f_A+f_C)(1-r)}{(1- \mu )(1-r)} \right. \nonumber \\&\qquad \left. + \frac{(\mu +(1- \mu )r)(f_A+f_C)(1-r)}{(1- \mu )^2(1-r)^2} \right] \\&\quad \gtreqqless - G( \underline{B}_M ) + (1-\mu - \pi ) g( \underline{B}_M ) \left[ \frac{(f_A+f_C)(1-r)}{(1- \mu -\pi )(1-r)}\right. \nonumber \\&\qquad \left. + \frac{(\mu +(1- \mu -\pi )r)(f_A+f_C)(1-r)}{(1- \mu -\pi )^2(1-r)^2}\right] . \end{aligned}$$

These terms can be arranged as

$$\begin{aligned}&G( \underline{B}_M )- G(B_M^0 ) \lesseqgtr (f_A+f_C) g( \underline{B}_M ) \left[ 1 + \frac{(\mu +(1- \mu -\pi )r)}{(1- \mu -\pi )(1-r)}\right] \\&\quad - g( B_M^0 )(f_A+f_C) \left[ 1 + \frac{(\mu +(1- \mu )r)}{(1- \mu )(1-r)}\right] . \end{aligned}$$

The left hand side is positive because \(\underline{B}_M > B_M^0\). The sign of the right hand side is positive under constant densities at \(\underline{B}_M\) and \(B_M^0\), ambiguous otherwise. However, unless the density \(g( \underline{B}_M )\) is too large (and, larger than \(g( B_M^0 )\)), the left hand side will exceed the right hand side, hence, \(\mu\) and \(\Delta NA\) will move in the same direction.

Finally, since \(B_\pi\) and \(B_M^0\) do not depend on \(\pi\), the impact of an increase in \(\pi\) is

$$\begin{aligned} \frac{ \partial \Delta NA}{\partial f_A} \lesseqqgtr 0 \,\,\text{ if } \,\, G(B_\pi ) - G( \underline{B}_M ) + g( \underline{B}_M ) \frac{(f_A+f_C)}{(1-r)} \left[ \frac{\mu }{1- \mu -\pi } \right] \lesseqqgtr 0. \end{aligned}$$

The last term is positive whereas \(G(B_\pi ) - G( \underline{B}_M )\), the direct impact at constant bribe strategies, is negative. Therefore the overall impact inclusive of the change induced in \(\underline{B}_M\) rests ambiguous. \(\square\)

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Bac, M. Gift policy, bribes and corruption. Eur J Law Econ 47, 255–275 (2019). https://doi.org/10.1007/s10657-019-09611-y

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