Bribery & Corruption DS Mike Betts E-mail: - - PowerPoint PPT Presentation

Bribery & Corruption

DS Mike Betts E-mail: Michael.betts546@pmdp.pnn.police.uk Telephone: 01371 854653

‘Corruption is the abuse of entrusted power for private gain. It hurts everyone whose life, livelihood or happiness depends on the integrity of people in a position of authority’

‘To those who cling to power through corruption and deceit and the silencing of dissent, know that you are on the wrong side

• f history’

Tuesday January 20, 2009, 12:28 PM

Petty Corruption

• ‘small payments routinely solicited by low

ranking officials in the public sector’

Grand Corruption ‘Large payments often made to more senior

• fficials to secure

significant business’

The World Bank estimated that more than $1 trillion dollars (US$1,000 billion) were paid in bribes each year.

‘We are now in the throes of the greatest war that had ever been, and this country would be bled white if practices of this sort were to be allowed to prevail’ Mr Justice Lawrence - The Times 20 July 1917

Pepys Diary tells of how public servants like himself built up fortunes from the gifts and retainers handed out by government contractors

 Common Law offence  Public Bodies Corrupt Practices Act 1889  Prevention of Corruption Act 1906  Prevention of Corruption Act 1916  Anti Terrorism, Crime & Security Act 2001

Bribery is the receiving or offering [of] any undue reward by or to any person whatsoever, in a public office, in order to influence his behaviour in office, and incline him to act contrary to the known rules of honesty and integrity.

 Father of Sir Winston

Churchill

 1886 Chancellor of the

Exchequer

 1888 on the motion of Lord

Randolph Churchill (who represented Paddington South where anti-Board feeling was at its highest), the House of Commons voted on to establish a Royal Commission to inquire into the Board.

Applicable to - Local Public Bodies i.e. Local Government Points to prove -

• Gift, Loan, fee ,reward or

advantage.

• Inducement to or reward

for doing or forbearing

• Not elected for 5 years
• Requires AG’s consent

Penalties – Summary conviction 6 months Indictment 7 years

 Started October 1899  Contractors

rumoured to be making exorbitant profits

 Widespread believe in

the existence of bribery

 Cases studied in

detail concerned allocation of Cordite contracts

• 26 March 1900 Tory

backbencher asked Government to set up a Parliamentary Committee to examine and report upon alleged cases of fraud in relation to Army and Navy contracts

• May 1900 Committee

set up

 Your Committee further recommend that the

Criminal law should be strengthened by extending the Public Bodies Corrupt Practices Act 1889 to the Government Service

 Your Committee consider it undesirable that

negotiations for contracts be conducted personally between Members of Parliament and Department representatives

Applicable to - All Agents (public and private) ‘Any person employed by or acting for another’ Features -

• Gift or consideration.
• ‘valuable consideration of any

kind’

• Doing or forbearing to do
• Any act in relation to his

principles business

• Using receipts or accounts
• Requires AG’s consent

Penalties – Summary conviction 6 months Indictment 7 years

Mr Justice Low ‘I should like to add this as a respectful suggestion to the Legislature, that it is high time that a short measure should be passed giving power to the Courts, at all events during the continuance of the war, to inflict on persons convicted of bribery or attempting to bribe, Government employees, a long period of penal servitude, because the penalties are absolutely useless and inadequate to deal with matters of this sort’

Applicable to - Person in the employment

• f HM or Government

Department or a public body …seeking to obtain a contract from HM or any Govt Department Features -

• money, gifts or other

consideration has been ……or any public body shall be deemed to have received it corruptly unless the contrary is proved Penalties – Summary conviction 6 months Indictment 7 years

Applicable to -

• All UK Nationals and

bodies incorporated under UK law Features -

• Commenced 14

February 2002

• Extends Corruption

legislation to UK national doing business

• verseas

Penalties – Summary conviction 6 months Indictment 7 years

All investigators should have an understanding of the following:-

• Legal definitions of offences likely to be

encountered

• Points that have to be proven
• Potential defences from statute and case law
• Powers that support and regulate the

investigation process

• Relevant rules of evidence.

Total Amount of Material Generated by the Criminal Event Material Gathered by the Investigator Material Used as Evidence in Court

Inducement

Influence Impact

 Crime Scene issues  Profile of offenders  Evidence recovery –technicalities  Legislation  Defence

Cars Cash

Accommodation

Computers

 Fraudulently altered and created clock cards  Corrupt relationships created by McLaughlan

 James McLaughlan – Guilty of Conspiracy to

Defraud 3.5 years imprisonment

 A McLaughlan’s manager and a Jordan's

employee – Guilty of Conspiracy to Defraud 18 months and 12 months imprisonment respectively

 A McLaughlans administrative assistant –

Guilty of Two counts of False Accounting, Conditional Discharge

“Those who commit

• ffences of this nature

– the taking of bribes by public servants involving the breach of trust and the undermining of public confidence – can be visited only with an immediate sentence of imprisonment.”

C Third Party (Corruptor) 1 3 2

The ABC 123 Corruption Triangle.

B The Agent (Employee) A Principal (The Victim)

Relationship Hidden

 Identification and Recovery of relevant

material (Evidence)

 Identify Key Witnesses  Statement of Complaint  Identify Policy Makers  Identify suspects consider arrest and

interview strategies