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 of 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 officials 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 - Points to prove - Local Public Bodies i.e. • Gift, Loan, fee ,reward or Local Government advantage. • Inducement to or reward for doing or forbearing Penalties – • Not elected for 5 years Summary conviction 6 •Requires AG’s consent 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
o 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 o 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 - Features - All Agents (public and private) • Gift or consideration. ‘Any person employed by or •‘valuable consideration of any acting for another’ kind’ • Doing or forbearing to do • Any act in relation to his Penalties – principles business Summary conviction 6 months • Using receipts or accounts Indictment 7 years •Requires AG’s consent
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 - Features - Person in the employment • money, gifts or other of HM or Government consideration has been Department or a public ……or any public body shall body …seeking to obtain a be deemed to have received contract from HM or any it corruptly unless the contrary is proved Govt Department Penalties – Summary conviction 6 months Indictment 7 years
Applicable to - Features - • All UK Nationals and • Commenced 14 bodies incorporated February 2002 under UK law • Extends Corruption legislation to UK national doing business Penalties – overseas 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
Influence Impact Inducement
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 offences 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.”
The ABC 123 Corruption Triangle. A Principal (The Victim) 1 3 Hidden C B Relationship Third Party The Agent 2 (Corruptor) (Employee)
Identification and Recovery of relevant material (Evidence) Identify Key Witnesses Statement of Complaint Identify Policy Makers Identify suspects consider arrest and interview strategies
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