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Enhancing International Enhancing International Cooperation Against Cooperation Against Corruption: Malaysia Corruption: Malaysia
ExperienceExperience
Dato’ Sri Abu Kassim MohamedChief Commissioner
Malaysian Anti-Corruption Commission
ICAC SYMPOSIUM HONG KONG
10 MAY 2012
2
UNCAC Chapter IV Articles 43-50
What does International Cooperation entails?
Extradition –Article 44Transfer of sentenced Persons-Article 45Mutual Legal Assistance-Article 46Transfer of criminal proceedings-Article 47Law Enforcement cooperation-Article 48Joint Investigation –Article 49Special Investigative techniques-Article 50
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Transnational Bribery Investigated before 2002: RMAF-Northrop
Corporation Case (1971-1974) USD177,473 (1/3 of commission) solicited by Group Captain (then Wing Commander) of RMAF for purchase of sixteen(16) F-5 Fighter Jets at USD 39 Million.
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Northrop Corporation US
Swiss Bank Zurich
Chase Manhattan Bank Singapore
Accused – paid in Cash USD 58,350.00
Transaction of Bribe in the RMAF-Northrop Case
Bribe solicited by accused through Northrop agent in Malaysia
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PUNB US$5 Billion BOND SCANDAL
PUNB (Perbadanan Usahawan Nasional Berhad or National Entrepreneur Corporation Ltd) –Issuance of US $5 billion of Corporate Bond by its former CEO for purpose of investment in the British Virgin Islands by an a London-based investment consultant without the approval of the Board.
Assistance to obtain evidence in London was accorded by the London Metropolitan Police Service in 2001. Three key witnesses were located in London and had their statements taken by the MACC (then ACA) at the Malaysian Embassy. No MLA instrumentalities were involved throughout the investigation until the suspect was charged.
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Collaboration Country/Agency(s):
London Metropolitan Police Service, United Kingdom
Offence: The signing of “Consultancy Agreement” with an offshore company and the issue of a bond certificate for securing financial resources without approval of the Board.
Assistance Needed: To take the testimony of British witnesses
Result(s): British witnesses were identified and information was successfully obtained
Status of Case: Accused were charged in Kuala Lumpur Session Court, Malaysia
Value of Gratification:
USD5 billion worth of bond
Time taken to fulfilrequest by MACC
WITHIN TWO WEEKS AFTER CONTACTING THE LONDON POICE
LAW ENFORCEMENT COOPERATION (INFORMAL)PUNB Corporate Bond Scandal
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Transnational Bribery Investigated before and after 2002
Perwaja RM 76.4 million Scandal
CEO of Perwaja Steel Mill was charged for Criminal Breach of Trust ¥2,981,580,000 or RM76.4 million between 1994 and 1995 allegedly as “fee” for technical assistance rendered by a Japanese company known as NKK Corporation in relation to the erection and construction of a “Beam and Section mill Plant Project” in Malaysia.
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Perwaja Case: Money TrailMalaysia
¥ 2,891,580,000
Hong Kong (Frilsham Enterprise)¥2,890,130,210(after deduction of bank charges) on 25 Feb 94)
Money withdrawn and remitted to Geneva in 3 Bank Accounts: ¥ 2,486,260,00 (Calyon Corp).1 March 94) + ¥ 143,680,210 (A/C of Yuji Maeda)+¥ 260,190,000 ( Waterfront/Borneo Enterprise)
Zurich ¥ 2,294,600,000 (7 -8 March 94) Sitar Investment Ltd & Lotus Development Inc.
Foreign Bank in Singapore (A/C of family member)
Paid supposedly as fee for technical assistance to NKK Corp on 18 Feb 94
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Collaboration Country/Agency(s):
Ministry of Justice, Japan; Federal Office of Justice, Switzerland and Independent Commission Against Corruption (ICAC), Hong Kong
Offence: Accused committed breach of trust upon a property owned by Perwaja Rolling Mill & Development Sdn Bhd
Assistance Needed: To obtain documents and evidence of several key witnesses in Japan, Switzerland and Hong Kong
Result(s): Documents and evidence of witnesses involved in Japan, Switzerland and Hong Kong were successfully obtained
Status of Case: Accused was charged in Session Court, Kuala Lumpur, Malaysia
Value of Gratification: USD24,724,920 million
MUTUAL LEGAL ASSISTANCE IN THE PERWAJA CASE
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Requesting Anti-Corruption Agency.
AG Chamber Office.
Foreign Ministry. (Sender)
Foreign Ministry (Receiver).
Foreign Ministry of Justice/AG Chamber.
Instruction given to relevant enforcement agency /court
Request has been fulfilled
Foreign Ministry of Justice/AG Chamber.
Foreign Ministry (Receiver).
Foreign Ministry. (Sender)
AG Chamber Office. (sender)
Requesting Anti-Corruption Agency.
Requesting Foreign Anti-Corruption Agency
Requested Foreign Anti Corruption Agency
Requesting Foreign Anti-Corruption Agency
Fulfillment of request made
FORMAL (MLAR) VS INFORMAL (INTER-AGENCY) REQUEST
Ap
pro
x 10 mth
Ap
pro
x 2 weeks– 3 m
th
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Collaboration Country/Agency(s):
Corrupt Practices Investigation Bureau (CPIB), Singapore
Offence: Accused was caught for offering bribe to the Head of Immigration on duty at Singapore's Tuas Checkpoint
Assistance Needed: To arrest accused and issue Arrest Warrant which was issued by the Singapore Magistrate Court
Result(s): Accused was officially handed in by the representative of MACC to the CPIB Singapore Officers
Status of Case: Accused pleaded guilty to both counts
Time Taken to fulfil request by CPIB
Two Weeks
SUMMONS AND WARRANTS ACT 1971 Extradition Arrangements for Malaysia, Singapore and Brunei-
CASE 1
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Collaboration Country/Agency(s):
Corrupt Practices Investigation Bureau (CPIB), Singapore
Offence: Accused (a former Singapore Customs officer) had been involved in accepting bribe.
Assistance Needed: To arrest accused and issue Arrest Warrant which was issued by the Singapore Magistrate Court.
Result(s): Accused was detected to be working in a chemical company in Johor Bahru. He was arrested and officially handed in by the representative of MACC to the CPIB Singapore Officers
Status of Case: Accused was charged for corruption offences
Time Taken to fulfil request by CPIB
One Month
SUMMONS AND WARRANTS ACT 1971 Extradition Arrangements for Malaysia, Singapore and Brunei-
CASE 2
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Collaboration Country/Agency(s):
Anti-Corruption Bureau Brunei Darussalam (BMR)
Offence: Accused was involved in several corrupt practices for several contracts amounting to B$8 million
Assistance Needed: To detect and arrest accused with Arrest Warrant which was issued by Brunei Magistrate Court .
Result(s): Accused was detected in the City Centre of Kuching, Sarawak. He was arrested and officially handed in by the representative of MACC to the BMR Officers
Status of Case: Accused was charged for corruption offences
Time Taken to fulfil request by ACB Brunei
One Week
SUMMONS AND WARRANTS ACT 1971 Extradition Arrangements for Malaysia, Singapore and Brunei-
CASE 3
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MUTUAL LEGAL ASSISTANCE ON INVESTIGATION BY MACMA BRANCH FOR THE YEAR 2010The MLA requests below pertain only to investigation of corruption offences unless indicated with (*)
No. MLA Non- MLA MLA & Non- MLA Requesting State Requested State
1. - √ - MACC(MACC HQ)
SINGAPORE( CPIB SINGAPORE )
2. - √ - CPIB SINGAPORE MALAYSIA
3. - √ - MACC(MACC HQ)
NEW ZEALAND ( INTERPOL )
4. - √ - CPIB SINGAPORE MALAYSIA
5. - √ - MACC(MACC State)
THAILAND( National Anti Corruption
Commission & Consulate Office Songkhla )
6. - √ - MACC(MACC State) BRUNEI ( ACB BRUNEI )
7. - √ - ACB Brunei MALAYSIA
8. - - √ MACC(MACC HQ) HONG KONG & CHINA
9. - √ - CPIB SINGAPORE MALAYSIA
10. - √ - CPIB SINGAPORE MALAYSIA
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11. - √ - CPIB SINGAPORE MALAYSIA
12. - √ - CPIB SINGAPORE MALAYSIA
13. - - √ MACC(MACC HQ) SINGAPORE
14. - √ - MACC(MACC HQ) SINGAPORE
15. - √ - MACC(MACC State) BRUNEI ( ACB BRUNEI )
16. - √ - MACC(MACC HQ)
SINGAPORE( CPIB SINGAPORE )
17. - √ - MACC(MACC State) THAILAND
( National Anti Corruption Commission & Consulate Office Songkhla )
18. √ - - MACC(MACC HQ) UAE ( Dubai )
19. - √ - MACC(MACC HQ) INDIA ( New Delhi )
20. - √ - ACB Brunei MALAYSIA
21. - √ - CPIB SINGAPORE MALAYSIA
*22. √ - - MACC(MACC HQ)
SINGAPORE & AUSTRALIA
*Note MLA Request pertaining to Anti-Money Laundering Offences
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Collaboration Country/Agency(s):
Independent Commission Against Corruption (ICAC), Hong Kong
Offence: Fraud
Assistance Needed:
To record statements of two Malaysian Government Officers to verify some official documents in Feb.2012
Result(s): Statements of two Malaysian Government officers
Status of Case: Accused was charged in the HK Court on 28 March 2012
Time taken to fulfil MLA Request by ICAC
Less than two months
Mutual Legal Assistance and Non Mutual Legal Assistance
CASE 1
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Collaboration Country/Agency(s):
Corruption Eradication Commission (CEC), Indonesia or KPK
Offence: To trace a witness in Indonesia to attend a trial in Malaysia
Result(s): The witness managed to be traced in a remote village called Ponorogo, Jakarta. KPK assisted to transport the witness to Malaysia
Status of Case: The accused was found guilty for 2 charges of corruption and sentenced tow 12 months imprisonment and fined RM 10,000 for each charge.
Time Take to fulfil request made by MACC
TWO WEEKS
Non Mutual Legal Assistance
CASE 2
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Joint Investigation TeamsJoint Investigation Teams
To carry out operations (surveillance, sting operations, investigation- gathering of evidence and arrest.)
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Collaboration Country/Agency(s):
Anti-Corruption Bureau, Brunei Darussalam
Offence: One syndicate using Malaysian registered vehicles involving smuggling of diesel to Sarawak, Malaysia
Assistance Needed: Undercover Operation to obtain evidence
Result(s): Information were obtained including names and activities of Custom Officers involved
Status of Case: 3 arrests were made
JOINT INVESTIGATIONS AND SPECIAL INVESTIGATIVE TECHNIQUES
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Collaboration Country/Agency(s):
Anti-Corruption Bureau, Brunei Darussalam
Offence: Between 40 to 50 registered 4WD vehicles were involved in smuggling diesel almost daily from Kuala Belait, Brunei Darussalam to Miri, Malaysia
Assistance Needed: To obtain information pertaining to records of 4WD vehicles
Result(s): Information were obtained including names and activities of Custom Officers involved.
Status of Case: 42 arrests were made
Accused/Value of Gratification:
Variation of amounts
JOINT INVESTIGATIONS AND SPECIAL INVESTIGATIVE TECHNIQUES
Joint Investigation: MACC and Australian Federal Police
• L Polymer Note Printing Contract involving Malaysian Central Bank and Note
Printing Australia ( A subsidiary of Australian Reserve Bank) in 2009
• In 2010 MACC has initiated a Joint Investigation with Australian Federal Police
(AFP)
• AFP officer being attached with MACC to work on the case and gather intelligence
information
• The focus of Joint Investigation is to assist investigation as well as preparation of
Mutual Legal Assistance request to be submitted at later stage
• Finally MACC has charged an agent as well as former senior officer of Malaysian
Central Bank under Anti Corruption Act 1997
• AFP on the other hand managed to charge 7 senior officers of Securency and Note
Printing Autralia as well as the companies themselves under Bribery of Foreign
Public Officer offence.
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Capacity and Capability BuildingCapacity and Capability Building
Experts from State parties – to be invited to share knowledge and skills;
Exchange programmes-Officers of anti-corruption bodies to be given opportunities for training/attachment of other State parties;
Sharing of Best practices
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MACA, as our commitment to the international community in combating corruption, has conducted several international courses based on Investigation, Prosecution, Intelligence, and Prevention techniques and skills.
Types MACA International courses : 1.Scheduled Courses conducted on a yearly basis 2.Tailored Courses –conducted upon request by
other international/regional anti-corruption agencies (E.g. Government Inspectorate of Vietnam; Kazakhstan; Independent Commission Against Corruption Fiji; High Office on Anti-Corruption Afghanistan; Bhutan Anti-Corruption Commission Officers
The Role of MACA
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MACA-EUPOL AFGHANISTAN
Management and Prosecution Training13 - 22 February 2012
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Management and Prosecution Training13 - 22 February 2012
MACA-EUPOL AFGHANISTAN
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Basic Training 16 May – 3 June 2011
MACA - BHUTAN ANTI-CORRUPTION COMMISSION
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MACA - BHUTAN ANTI-CORRUPTION COMMISSION
Basic Training 16 May – 3 June 2011
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MACA – FICAC FIJI (2010)
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Collaboration WORLDWIDE
Offence: Human Trafficking
Assistance Needed: To obtain information pertaining to human trafficking
The Link: Studies have shown that there is a link between corruption and human trafficking. In eradicating corruption, we may also eradicate human trafficking. This can only be done if there is International Cooperation.
International Cooperation depends on the political will of governments.
FUTURE COLLABORATION
Edmund Burke in 1770 wrote in “Thoughts on the Cause of the Present Discontents”
that “when bad men combine, the good must associate; else they will fall, one by one, an unpitied sacrifice in a contemptible struggle” This attribute to
the statement that “The only thing necessary for the triumph of evil is
for good men to do nothing”
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End
Thank You
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