Regional Workshop on Private Sector Corruption: Legal Framework, Enforcement & Prevention Sharing of Singapore’s Experience
SINGAPORE’S LEGAL FRAMEWORK, ENFORCEMENT & PREVENTION AGAINST PRIVATE SECTOR CORRUPTION 1. Introduction of CPIB 2. Corruption Situation in Singapore 3. Singapore’s Anti -Corruption Legislative Framework - Private sector case studies 4. Prevention & Outreach Efforts to combat Private Sector Corruption
CORRUPT PRACTICES INVESTIGATION BUREAU Established in 1952 • Sole anti-corruption agency responsible for investigating corruption • offences in Singapore Conducts anti-corruption prevention and outreach •
CORRUPTION SITUATION IN SINGAPORE Singapore is ranked 3rd in Transparency International’s 2018 Corruption Perceptions Index. Generally low levels of corruption in Singapore. Majority of corruption cases stem from the private sector 4
CORRUPTION SITUATION IN SINGAPORE Private Sector Corruption accounted for majority of corruption cases investigated by CPIB. Rejection of bribes by public officials 15% 13% 13% 10% 10%
CORRUPTION SITUATION IN SINGAPORE Private Sector Individuals represented majority of individuals prosecuted in Court for offences investigated by CPIB.
SINGAPORE’S ANTI -CORRUPTION LEGISLATIVE FRAMEWORK 1. Prevention of Corruption Act, Chapter 241 2. Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act, Chapter 65A
SALIENT FEATURES OF ANTI-CORRUPTION LEGISLATIVE FRAMEWORK PREVENTION OF CORRUPTION ACT (CHAPTER 241) Criminalises corrupt acts Deals with both Natural Extra-Territorial of both Givers and and Legal Persons Provision Receivers Presumption of Harsher punishment for Mandatory corruption in certain corruption cases Disgorgement of Value cases involving involving bribing public of Corrupt Gratification payments made to officials or concerning from Convicted Corrupt public officials government tenders Receiver.
SALIENT FEATURES OF ANTI-CORRUPTION LEGISLATIVE FRAMEWORK CORRUPTION (CONFISCATION OF BENEFITS) ACT In March 1988 , Corruption (Confiscation of Benefits) Bill was tabled for 2nd reading in Parliament. Then Law Minister s said: “Methods of corruption are always undercover and very difficult to detect. Corruption is cunning in hiding its tracks over a long period of time . Therefore, we must be prepared to adopt any new legal procedures which will serve as further deterrents against corruption . ”
SALIENT FEATURES OF ANTI-CORRUPTION LEGISLATIVE FRAMEWORK CORRUPTION (CONFISCATION OF BENEFITS) ACT Corruption (Confiscation of Benefits) Act was enacted in 1989 to put in place mechanism to disgorge disproportionate, unexplained wealth of persons who were convicted of corruption offences , not limited to gratification received by them. Onus placed on accused to prove that his disproportionate wealth were not derived from corruption. Unprecedented powers conferred to confiscate corrupt benefits from persons who had absconded or died while investigation was underway .
SALIENT FEATURES OF ANTI-CORRUPTION LEGISLATIVE FRAMEWORK CORRUPTION, DRUG TRAFFICKING AND OTHER SERIOUS CRIMES (CONFISCATION OF BENEFITS) ACT (CHAPTER 65A) Confiscation of criminal Criminalises act of self Confiscation of benefits from accused and third party disproportionate, who have absconded or laundering of criminal unexplained wealth died benefits Criminalises act of Offence for failing to file Confers investigators laundering of criminal suspicious transaction with powers for asset benefits derived from reports with Financial seizure without need for FOREIGN serious Intelligence Unit (FIU) court order offences
CASE STUDY 1 - DISGORGMENT OF CRIMINAL BENEFTS FROM ABSCONDED PERSONS Citiraya Case • Citiraya was a public listed company in Singapore, specialised in recycling of electronic waste. • CPIB received information that the company was engaged in corrupt practices. • Before CPIB commenced investigation, accused Ng Teck Lee has fled from Singapore with his wife. His current whereabouts is unknown.
CASE STUDY 1 - DISGORGMENT OF CRIMINAL BENEFTS FROM ABSCONDED PERSONS Citiraya Case • Investigation established that Ng and his brother bribed staff of Citiraya’s customers and its own staff with almost S$2mil in order to siphon US$51mil worth of microprocessor chips for sale in black market. • All identified corrupt givers and receivers were prosecuted and convicted of corruption offences. • CPIB seized S$28mil of assets linked to Ng.
CASE STUDY 1 - DISGORGMENT OF CRIMINAL BENEFTS FROM ABSCONDED PERSONS Citiraya Case • CPIB successfully obtained a confiscation order against Ng for the full criminal benefit of US$51mil to be disgorged • Of S$28mil seized from Ng and his wife, the Court allowed for S$23mil to be realized against the confiscation order after taking into account claims made by third parties. • This showcases the legal mechanism in place to disgorge criminal benefits from persons who absconded from our investigations.
CASE STUDY 2 - DISGORGMENT OF DISPROPORTIONATE WEALTH Eric Ding Case • Accused was charged and convicted of bribing to three Lebanese football officials to induce them to fix a football match in Singapore, and sentenced to 7 years imprisonment. • Parallel to the corruption investigation, CPIB convened financial investigation on accused and seized over $2mil of assets linked to accused. • Findings revealed that over 7 years preceding his arrest by CPIB, accused has $3.4mil of his wealth accumulation and expenses that could not be accounted, which we deemed as his disproportionate wealth.
CASE STUDY 2 - DISGORGMENT OF DISPROPORTIONATE WEALTH Eric Ding Case • After accused’s release from prison, CPIB took an unprecedented move earlier this year to apply for a confiscation against a giver of bribe. • In May 2019, Court issued the confiscation order against the accused for $2.6mil, being the value of accused’s assets that has been seized and could be realised. • The realisation of accused’s assets is still ongoing.
PREVENTION & OUTREACH EFFORTS to combat private sector corruption
PREVENTION & OUTREACH EFFORTS To create Awareness, Connect & Engage (ACE) with the public & community at large Inform & reinforce Connect & educate Engage & network the anti- target groups on with foreign corruption corruption counterparts for messages to the prevention & roles & exchange of ideas public & responsibilities of on corruption community at CPIB prevention large 18
PREVENTION & OUTREACH EFFORTS - Outreach to Private Sector PACT: A Practical Anti-Corruption Guide SS ISO 37001 4-step guide for business owners to reduce Singapore Standard for Anti- risk of corruption through some practical Bribery Management System steps
PREVENTION & OUTREACH EFFORTS - Outreach to Private Sector Anti-Corruption Partnership Network Launched on 11 September 2018. Platform to promote ownership on the prevention of corruption in the private sector To date, Network has 25 members. Corruption Prevention Talks to Private Sector and Outreach Events with Strategic Private Sector Industry Partners
PREVENTION & OUTREACH EFFORTS - Engage the Media Proactive approach to engage media and collaborate on special feature and exclusive stories Exclusive Business Times (26 April 2019) interviews with mainstream media on Eric Ding’s court confiscation order
PREVENTION & OUTREACH EFFORTS - Leverage on Social Media 22
PREVENTION & OUTREACH EFFORTS - Public Education to Wider Community • Comic Strips with Anti-Corruption Message 23
CONCLUSION No room for CPIB remains Corruption is Strong emphasis Expanded complacency resolute and firmly under on continued public outreach in upholding committed to control investments to efforts to zero tolerance combat sharpen strengthen approach corruption with investigation public vigilance against the public tradecraft and against corruption support corruption capabilities 15 / 15
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