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5 Tex. A&M L. Rev. Arguendo 1 (2018)

handle is hein.journals/tsamlw5 and id is 1 raw text is: Volume 5 Texas A&M Law Review Arguendo 2018 HONEST OR EXCLUDED? A GENDER ANALYSIS OF FOREIGN CORRUPT PRACTICES ACT AND CHICAGO CITY COUNCIL DEFENDANTS Juliet S. Sorensen1 I. Introduction The phenomenon of an outsize number of male defendants in white collar crime generally has been documented and explored. However, scant attention has been paid to the outsize number of male defendants charged with federal crimes of corruption. This article analyzes two small but complementary data sets through the lens of gender: defendants convicted under the criminal anti-bribery provisions of the Foreign Corruption Practices Act-by definition not public officials, but rather bribe payors and their agents-and defendants convicted of federal anti-corruption crimes while serving on the Chicago City Council, by definition public officials and bribe payees. In both instances, the data points to a much larger number of corruption convictions of men than women. Given the variables that are difficult to control in analyzing the reasons for this gender disparity, a single cause is difficult to pinpoint. However, perhaps the most compelling explanation is that social norms associated with gender may provide women with fewer opportunities for corruption.2 The limits of a quantitative analysis notwithstanding, there is ample support for the theory that the homophily of patronage networks, long cited as breeding grounds for corruption, has for generations favored an old boys club that continues to give rise to more men engaging in corruption than women. II. Data A. Chicago City Council Between 1971-the first year in which a woman served on the Chicago City Council and the present, 33 aldermen3 were convicted of federal corruption offenses (not including one alderman, Willie Cochran, who is currently under indictment with charges pending). 252 individuals total have served in the City Council during that time, so 13.1% of all aldermen during this period have been convicted of crimes of corruption. Juliet S. Sorensen is the Harry R. Horrow Professor in International Law at Northwestern Pritzker School of Law, where she serves as the Director of the Bluhm Legal Clinic and the Associate Dean for Clinical Legal Education. 2 See generally Gender and Corruption: Understanding the Linkages (Transparency Int'l, Working Paper No. 03, 2007) https://www.transparency.org/whatwedo/publication/workingpaper_03_2007_gender andcorruption_understandi ngandundoingthe_1. 3 The terms alderman and councilmember are used interchangeably to refer to a member of the Chicago City Council. DOI: https://doi.org/10.37419/LR.V5.Arg.1 1

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