Conflicts of interest generally (unrelated to the practice of law)

More generally, conflicts of interest can be defined as any situation in which an individual or corporation (either private or governmental) is in a position to exploit a professional or official capacity in some way for their personal or corporate benefit.

Depending upon the law or rules related to a particular organization, the existence of a conflict of interest may not, in and of itself, be evidence of wrongdoing. In fact, for many professionals, it is virtually impossible to avoid having conflicts of interest from time to time. A conflict of interest can, however, become a legal matter for example when an individual tries (and/or succeeds in) influencing the outcome of a decision, for personal benefit. A director or executive of a corporation will be subject to legal liability if a conflict of interest breaches his duty of loyalty.

There often is confusion over these two situations. Someone accused of a conflict of interest may deny that a conflict exists because he/she did not act improperly. In fact, a conflict of interest can exist even if there are no improper acts as a result of it. (One way to understand this is to use the term " conflict of roles". A person with two roles—an individual who owns stock and is also a government official, for example—may experience situations where those two roles conflict. The conflict can be mitigated but it still exists. In and of itself, having two roles is not illegal, but the differing roles will certainly provide an incentive for improper acts in some circumstances.)

As an example, in the sphere of business and control, according to the Institute of Internal Auditors:

conflict of interest is a situation in which an internal auditor, who is in a position of trust, has a competing professional or personal interest. Such competing interests can make it difficult to fulfill his or her duties impartially. A conflict of interest exists even if no unethical or improper act results. A conflict of interest can create an appearance of impropriety that can undermine confidence in the internal auditor, the internal auditor activity, and the profession. A conflict of interest could impair an individual's ability to perform his or her duties and responsibilities objectively.

 

3.Answer the questions:

What is a conflict of interest?

When does a conflict of interest occur?

Is a conflict of interest always legal or illegal?

What does “conflict of roles” mean?

What can two different roles of a businessman provide?

What brings an internal audit to a conflict of interest?

4. Match the following words with the translation:

capacity– стимул

benefit– преданность

evidence– акция

incentive– компетенция, положение

liability– беспристрастно

to breach– отрицать

loyalty– выгода

to deny– нарушать

to own– подрывать

to impair– портить

to mitigate– владеть

improperly– не так, как нужно

impartially– ответственность

stock– основание

to undermine– смягчать