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INVESTIGATING OFFICIALS: WHERE TO START
Look
for assets
The first step when checking the assets of those in government is
to get their statements of assets and liabilities. Officials often
lie in their asset statements, tending to understate what they own;
nonetheless, these records are among the most valuable public documents
available when one is investigating corrupt officials. While the data
these documents contain are often incomplete, inaccurate, or otherwise
unreliable, they still offer baseline information for pursuing a more
thorough investigation.
Government officials and employees are required to make annual
declarations of their assets and liabilities. The idea is that such
declarations make it easier to keep track of the accumulation of
wealth by public officials, so that the public can check on, among
other things, potential conflicts of interest or illicit gain from
public office. Making inaccurate declarations is a violation of
the law and has caused the downfall of high officials.
Examine conflicts of interest
The law recognizes that the tremendous powers given to officials
have to be tamed in various ways, including ensuring that they do
not use these powers to protect and promote their own interest rather
than the public's. Conflicts of interest arise when those entrusted
with power or authority have pecuniary interests that may either
benefit from, or be damaged by, the exercise of such power.
The Constitution has measures to guard against conflicts of interest
in the legislature, the executive, and the judiciary. Any official
who violates these measures can be charged with violating the Constitution.
Thus, in investigating officials, it may not be necessary to prove
that they received bribes or otherwise benefited from an anomalous
action, policy, or decision. Showing that they were in a conflict-of-interest
situation often suffices.
In addition to the Constitution, the Anti-graft and Corrupt Practices
Act prohibits officials from directly or indirectly benefiting from
transactions requiring the approval of government bodies of which
they are part. The Act explicitly says that officials cannot be
members of such bodies even if they do not participate in the deliberations
on transactions in which they may benefit.
Apart from these laws, institutional or professional codes of ethics
guard against conflicts of interests. For example, the Code of Judicial
Conduct requires judges to inhibit or recuse themselves from cases
in which their relatives or former clients are involved.
One can document conflicts of interest by doing an asset check
of officials and examining how they make decisions on transactions
involving companies, property, or economic sectors (e.g., power,
manufacturing, agriculture) in which they or their relatives have
an interest.
Look for patterns
Many of the investigations that the PCIJ has done involved examining
not just a single corrupt act but a series of acts or anomalies.
Investigating wrongdoing often entails looking for a pattern in
the actions of corrupt officials or bodies. A single suspicious
act can be explained as being due to something plausible, say, carelessness,
inefficiency, or ignorance. But a pattern of suspicious actions
is harder to account for. When gathering evidence of wrongdoing
by officials, therefore, one often has to establish that a pattern
of wrongful acts has been committed and to find out who is responsible
for them.
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Backgrounding Officials
Documents to look for
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Official biodata
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Newspapers,
magazines, and newsletters
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Biographies,
family histories, genealogies, and Who's Who Directories and
yearbooks
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Listings
of trade and professional organizations
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Statements
of assets
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Land
records
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Corporate
records
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Vehicle
registration records
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Licenses
and permits (for firearms, business, etc.)
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School
records
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Civil
registry records (birth, marriage, etc.)
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Voter
registration records
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Record
of campaign expenditures
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Speeches
and papers
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Immigration
(arrival and departure) records
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