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UN Performance Problems UN Management Accountability Struggles Where is the Rule of Law? Inadequate UN Oversight Recent Developments
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The first big OIOS fraud case, in the late 1990s, was also, or so IO Watch believes, one of its few significant ones. Two articles, one immediate and shocked, one two years later and irreverent, observed that: " … the fraud recently reported at
UNCTAD comes as a terrible shock.
The amount involved (estimated at $500,000), the length of time
over which the fraud was perpetrated before discovery (thought to be
several years), and the seniority of the official involved raise issues of
grave concern. Why did it take so long for the
fraud to be discovered? Was
there a UN office with responsibility for countersigning the relevant
disbursements? If so, why
didn't that department ascertain whether they were being used
properly? Why was the
official involved, with a known history of personal problems, placed in a
position of seniority and apparently given unsupervised responsibility
over UNCTAD finances? [OIOS head Karl Paschke], who
immediately flew to Geneva from New York once the fraud was uncovered, is
to be congratulated for responding so quickly … he has returned to New
York and left two OIOS officials in charge of the
inquiry." Morris
B. Abram, "UN accountability needed", Geneva Post , June 13-19,
1996. "OIOS has investigated several cases of fraud. One of which we have written
before involves an UNCTAD staff member (a United States citizen of Cuban
origin) who bilked the agency of over $600,000 by claiming travel and per
diem expenses for non-existent experts attending imaginary meetings. OIOS does not record the fact
that this imaginative individual was caught only because he was
hospitalized for a time and could not keep up the charade. This is surely material for a
Hollywood comedy." "Reviewing 3+
years of work, [OIOS] sees continuing problems - but reforms are afoot,"
International Documents Review, 2 November 1988, pp.
1-4. The case then began a
long march toward justice. In
its 1996 annual report the OIOS reported that: "The Investigation Section was
requested and undertook … an investigation … [at] UNCTAD … The first
indicator of the problem was discovered by two UNCTAD general service
staff. The investigation is
continuing … and the case is pending with the Swiss
authorities." "Report of the Secretary-General on
the activities of the OIOS", UN document A/51/432, 1996, para. 123.
During 1997 the case
became a great opportunity for Mr. Paschke, who had been criticized for
his "laid-back" approach, to be the "tough cop." In various articles he emphasized
his crime-fighting determination.
For instance: "The United Nations top sleuth …
vowed that corruption would not be 'swept beneath the rug.'
… He said the conviction last week
of a former [UNCTAD] staff member for embezzling at least $500,000
displayed a new resolve to prosecute criminal acts by employees. [The staff member received a
suspended jail sentence of 18 months after pleading guilty to 58 charges
of fraud and 41 counts of forgery.) 'The verdict itself sends a strong
signal to staff worldwide and also to the outside world' Mr. Paschke said
at a news conference … 'It says the UN now deals
professionally with irregularities and wrongdoing which occurs in any
sizeable public administration' he said. 'The UN can be trusted to deal
adequately with these irregularities.' Mr. Paschke said he could not rule
out that some managers might be disciplined. Mr. Paschke's team investigated
after a fellow staff member spotted irregularities in … May
1996. 'There was a certain reluctance …
to deal with the complexities of diplomatic immunity and liaising with
national courts. There was a
tendency not to go beyond summary dismissal in cases where a criminal
dimension was visible.'
"UN investigating more fraud cases", Reuters, International Herald Tribune, September 4, 1997. The 1997 OIOS annual
report reported at some length on the successful conclusion of the
case: "In July 1996 the [UN Office at
Geneva] made a criminal complaint to the Swiss authorities, who arrested
the staff member pending investigation. On 9 April 1997 … he formally
admitted owing the United Nations a total amount of (US$ 609,704) and
agreed to liquidate his entire assets, including the lump sum of his
pension entitlements … to make restitution. The United Nations has been able
to recover approximately $350,000.
The Swiss three-judge court ruled the defendant guilty … [and]
directed that he pay the balance due to the United Nations from his thefts
…" "Report of the Secretary-General on
the activities of the OIOS", UN document A/52/426, 1997, paras.
123-125.
The
1998 case returned once more to the UNCTAD case, observing
that: " … The
investigation proved that, over a period of more than ten years, the staff
member stole nearly $600,000 … by submitting false documents for daily
subsistence allowance payments to fictitious 'experts' attending
non-existent United Nations conferences. Subsequently,
[OIOS] sought to determine what lapses may have occurred at the [UN]
Office at Geneva and UNCTAD that contributed to the longevity of the staff
member's scheme. A
comprehensive report was provided to [UNCTAD and UNOG] management … which
have begun to implement corrective actions." "Report of the Secretary-General on
the activities of the OIOS", UN document A/53/428, 1998, paras. 133, 151-153.
In
fact, OIOS still cannot let this case go. A 2004 overview of OIOS work on
its website lists the UNCTAD case as the last of five significant
achievements of its investigation activities. "List of significant achievements:
Investigations", at www.un.org/oios/achievements.
IO Watch is also not
able to let this case go, in part because it received so much attention
and went on for so long, but mostly because it seems unique -- and in 2004
still sounds like "The UNCTAD one."
Some oddities and concerns were obvious: -- that this brazen
scam of fake seminars and payments went on for ten years unnoted is indeed
a grave condemnation of internal controls and alertness to fraud within
the UN; -- the case took up
very large amounts of OIOS investigator time in a period when the Section
was already very short-handed, and certainly other important cases were
ignored because of it; -- although OIOS made
much of it, it became a case at all only because several lower-level staff
finally noticed it; -- although there were
references to action against the managers involved, and pressure from
governing bodies to sanction them, the UNCTAD manager concerned apparently
was transferred far away and out of reach, and in fact there may still
never have been a manager sanctioned in such a case; -- such cases are
indeed very time-consuming and laborious, so how many others have been
simply shelved, especially as OIOS continues to have less investigators
than needed? Most directly,
however, IO Watch thinks the UNCTAD case is so unusual because it does
indeed stand alone. First,
the five OIOS examples of large investigative cost saving achievements
noted above -- except for the UNCTAD case -- all concern
wrongdoing in hectic and distant field operations, not at
comfortable UN headquarters sites. Second, the case was cast in terms of
punishing a senior staff member and manager, although the person involved
was in fact only a senior professional staff member. It is impossible to
tell because the OIOS annual reports are so deliberately vague about
patterns and types of UN fraud, but IO Watch believes that "the UNCTAD
one" is indeed one of a kind -- a stand-in for UN headquarters managers
(in New York, Geneva, Vienna, and the regional commissions) who fell into
OIOS' hands, with a nice, clean, catchy, and even absurd case to
triumphantly wrap up and claim credit. The "UNCTAD one" therefore became
a poster child to prove that OIOS does indeed sanction firmly UN managers
who commit fraud and criminal acts, when many other indicators suggest
that it does not.
IO Watch has read all
the OIOS annual reports fairly attentively, and does not recall any case
of a real UN manager (Director-level or above) sanctioned and sentenced in
a national criminal court for his or her sins. There are hundreds of such
managers throughout the UN, handling large amounts of its $6 to $10
billion dollars of expenditures annually without any real accountability
system. Further, the OIOS emphasises its partnerships and cooperation with
them, rather than firm oversight of their activities. Unless
and until the OIOS finally provides a systematic analysis of all its waste, fraud,
and abuse cases and their results, by grade level, "the
UNCTAD one" will apparently be immortalized as the UN
headquarters office sinner, portrayed as a manager, and serving as a fig
leaf -- "See, we did catch
one!" -- and a trophy whose malfeasance both protects all the many
unaccountable UN senior and headquarters managers, and also shows that
OIOS "means business", at least once, over the past
decade. |
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