Corruption Enforcement Tracker
Total Page:16
File Type:pdf, Size:1020Kb
Corruption enforcement tracker Name Enforcement Year of Country/ Public Summary of offence Result Additional facts Jurisdiction offence Countries /Private involved sector 2020 Joseph El- UK 2015 UK, USA Private ● Mr El-Khouri was arrested in the UK on Khouri USA (DOJ) 21 October 2019. (Pharmaceutic ● Mr El-Khouri faces 11 charges in the als) USA that he conspired with investment bankers to access secret share-trading information to make illegal trades. ● A two-day extradition hearing has been set for 15-16 June at Westminster Magistrates’ Court. Airbus SE UK (SFO) 2011-2015 UK, USA, Private ● In 2012 the Munich Public Prosecutor ● On 9 February 2018, Airbus paid $99 ● The SFO investigation remains (Aerospace) France (PNF) France, Sri initiated an investigation into the alleged million to the Munich Public Prosecutor, to active and the position in relation USA (DOJ) Lanka, paying of $2.5 billion worth of bribes settle the German authorities’ to individuals is being considered. Malaysia, paid by Airbus, in 2003, relating the sale investigation into the sale of Eurofighters Indonesia, of 18 Eurofighter jets to the Austrian to the Austrian government. Taiwan and government. ● The Serious Fraud Office entered into a Ghana ● The SFO investigation was opened in record-breaking DPA with Airbus on 31 July 2016. January 2020 covering five counts of ● The SFO was investigating allegations failure to prevent bribery. of fraud, bribery and corruption in the ● Airbus SE paid €3.6bn in total to civil aviation business of Airbus Group. authorities in France, the UK and the These allegations related to USA. irregularities concerning third party ● In the UK under the terms of a DPA, consultants. Airbus agreed to pay a total of €991m: ● The conduct involves Airbus’ ● €398,034,571 (fine); Commercial and Defence & Space ● €585,939,740 (disgorgement of divisions. profits); and ● The conduct covered took place across ● €6,989,401 (SFO’s Costs). five jurisdictions: Sri Lanka, Malaysia, ● In addition, Airbus agreed to pay €2.1bn Indonesia, Taiwan and Ghana. to the French authorities and just over ● Airbus made payments totalling €525.6m to the US authorities. £6,520,386 and promised a further payment of £1,407,452 that was never paid. ● In total the gains attributable to the bribe were calculated to be £492,347,585. 2019 Nicholas UK (SFO) 2010-2013 UK Public ● The SFO has been running an ● The SFO’s investigation continues. ● Serco Group paid the Ministry of Woods and investigation into fraud and false Justice £70 million in a civil Simon accounting related to the electronic settlement in December 2013. Marshal L_LIVE_EMEA1:45351887v5 Name Enforcement Year of Country/ Public Summary of offence Result Additional facts Jurisdiction offence Countries /Private involved sector (Public tagging of prisoners in a Ministry of ● Deloitte has been fined £4.2 services, Justice (“MoJ”) prisons contract. million by the UK Financial consumer ● Nicholas Woods and Simon Marshall Reporting Council for its audit industries) have been charged with fraud by false failings. representation and false accounting in ● Under the terms of the three-year relation to representations made to the DPA, Serco Geografix agreed to Ministry of Justice between 2011 and pay a fine of £19.2 million, plus 2013. Nicholas Woods is additionally SFO investigation costs of £3.7 charged with false accounting in relation million. to the 2011 statutory accounts of Serco ● It was announced on 25 January Geografix Ltd. 2020 that Serco shareholders ● Serco Geografix reported these have issued a claim for damages offences to the SFO in November 2013. in relation to the fraud. Dax Price, UK 2016 UK Private ● Mr Price and Mr Pagliara were football ● Mr Price and Mr Pagliara were convicted ● This is the first football Giuseppe agents who bribed Tommy Wright, the of bribing the former Barnsley FC coach prosecution under the Bribery Act Pagliara former Barnsley FC coach. Tommy Wright. 2010. (Football) ● Mr Wright was paid £5,000 to ● Mr Wright was also convicted of accepting encourage players to sign with Mr Price a bribe. and Mr Pagliara’s agency, place players they represented and pass on the club’s confidential commercial information on to its players. Konstantin UK (FCA) UK Private ● The FCA has alleged that Mr Vishnyak ● The trial is expected to start in either ● This is the first prosecution by the Vishnyak (a former employee of VTB Capital), March or August 2020 and is expected to FCA in relation to a destruction of (Banking) whilst under investigation by the FCA for last four days. documents offence under the insider dealing offences, deleted the Financial Services and Markets WhatsApp application on his mobile Act 2000. phone after he was required to provide it as part of the investigation. Roger UK (SFO) 2008 UK and Private ● The SFO has alleged that Mr. Jenkins ● The jury is expected to go out at the end ● Mr Boath did not give evidence in Jenkins, Qatar (former executive chairman of Barclays of February. his defence. Thomas Capital), Mr. Kalaris (former head of Kalaris, Wealth Management) conspired to Richard Boath commit fraud by false representation in (Banking) relation to a June 2008 capital raising and further counts of fraud by false representation against Mr. Jenkins, in relation to another capital raising in October 2008. ● The defendants allegedly conspired to hide fees of hundreds of millions of pounds paid to Qatar’s sovereign wealth fund by Barclays in return for two loans totalling almost £4 billion. Andrew UK (SFO) 2010 – ● The SFO is investigating Mr. Skeene ● Mr Skeene’s trial is due to start on 06 April Skeene, 2015 and Mr Bowers (a former director of 2021 and is expected to last 12 weeks. 2 Name Enforcement Year of Country/ Public Summary of offence Result Additional facts Jurisdiction offence Countries /Private involved sector Omari Bowers Global Forestry Investments) for ● Mr Skeene will appear in court on 29 (Timber) conspiracy to defraud, forgery and November 2019 to formally enter a plea misconduct in the course of winding up against the SFO-led charges. contrary to s.208(1)(d) of the Insolvency Act 1986 as well as making a false statement under oath. De La Rue plc UK (SFO) UK and Public ● De La Rue, the company responsible for ● The SFO’s investigation continues. (Procurement) South printing banknotes for countries Sudan worldwide, including the UK and South Sudan, is being investigated by the SFO in relation to suspected corruption in De La Rue’s activities in South Sudan. Greenergy UK (SFO) UK and ● The SFO has opened a joint ● The SFO’s investigation continues. International Netherlands investigation with the Dutch authorities ● In December 2019, Greenergy announced Ltd concerning certain aspects of biodiesel that the SFO informed them that (“Greenergy”) trading at Greenergy and various third Greenergy and their employees are no (Energy) parties. longer suspects in an ongoing ● Searches were conducted on 30 April investigation. 2019 at five sites across the UK. ● Four individuals have been arrested and released without charge. 2018 Guralp UK (SFO) 2002 - South Korea Private ● The SFO alleged that three former ● On 18 and 20 December 2019, Dr Guralp, ● A KIGAM director was prosecuted Systems Ltd 2015 employees of Guralp conspired together Mr Bell and Ms Pearce were acquitted of by the DOJ in the US and was (“Guralp”) over a 13-year period to make corrupt bribery charges following a nine-week trial found guilty of laundering at least (Seismic payments to a public official employed which began in October 2019. $1m worth of bribes from two equipment) in the Korean Institute of Geoscience ● Under the terms of the DPA, Guralp companies, including Guralp and Mineral Resources (“KIGAM”). Systems agreed to pay a total of Systems, and was sentenced to ● The individuals charged with the offence £2,069,861 for disgorgement of gross 18 months’ imprisonment and were the founder, Dr. Cansun Guralp, profits but no deadline was imposed for ordered to pay a $15,000 fine. the ex-Managing Director, Andrew Bell the payment due to the financial and an employee, Natalie Pearce. difficulties Guralp Systems is currently facing. ● Guralp Systems is also required to cooperate fully and truthfully with the SFO and to review and maintain its existing internal controls, policies and procedures regarding compliance with the Bribery Act 2010. ● Guralp Systems has not been ordered to pay a financial penalty as it would put the company out of business. ● The DPA is valid for five years, expiring in 2024. 3 Name Enforcement Year of Country/ Public Summary of offence Result Additional facts Jurisdiction offence Countries /Private involved sector Alca UK (SFO) 2008-2017 Norway Private ● Alca is under investigation for allegedly ● The SFO’s investigation continues. ● Alca self-reported concerns Fasteners Ltd making payments to secure Norwegian ● Ex-director, Carole Ann Hodson pleaded regarding conduct to the SFO in (“Alca”) contracts for a total of $700,000. guilty to charges in May 2019. the summer of 2017 after a new (Industrial ● In July 2019, Hodson was sentenced to management team took over the Supplies) two years in jail and ordered to pay more business. than £4.5 million in fines. ● In January, the SFO passed on ● The probe into the company is still information to the Norwegian ongoing. National Authority for Investigation and Prosecution of Economic and Environmental Crime. This resulted in the conviction of Norwegian businessman Terje Vidar Moe, who pleaded guilty to receiving bribes. Rapid UK (CPS) 2011-2013 UK Private ● RES has been charged with failing to ● At a hearing on 19 December 2019, ● The failure to prevent charge is Engineering put in place adequate procedures to prosecutors dropped the case against the second such contested charge Supplies prevent bribery between December RES, citing insufficient evidence as the since the Bribery Act 2010 came Limited 2011 and March 2013, under section 7 reason for doing so.