Resources: Corruption

Italy's recent acquittal of oil multinationals Shell and ENI for bribery in Nigeria has been severely criticised by the body that acts as guardian of one of the main international anti-bribery conventions.  Details of this important case can be found in the attached press release.

A submission on the case co-authored by HEDA, a Nigerian human rights and anti-corruption group; Re:Common, an Italian non-governmental organization and The Corner House is also available above.

International anti-corruption and human rights groups have strongly condemned the detention of leading Nigerian anti-corruption activist Olanrewaju Suraju of HEDA, one of the first non-governmental groups to expose corruption allegations surrounding the acquisition of the OPL 245 oil field by oil multinationals Shell and Eni.

Calls for reparations are resounding throughout the world today: for example, reparations for the injuries of centuries of white supremacy in the Anglo world of the US and the UK; reparations for centuries of colonialist extractivism in Latin America; payment for the immense “climate debt” owed to the global South; and reparations for the damages of male sexual predation, as exemplified in the Korean and Filipina comfort women struggles, the #MeToo movement, and many others in the Americas and elsewhere.

The UK anti-corruption group Corner House has threatened legal action in response to a widely publicised Complaint sent on behalf of former Attorney General Mr Mohammed Bello Adoke SAN to Nigeria’s Inspector General of Police.

Adoke’s Complaint alleges “various acts of forgery” by “the parties responsible for the petition, investigations and commencement of the criminal trial at the court of Milan against the individuals/entities connected with the OPL 245 settlement agreement”.

The Corner House and Global Justice Now are calling for a parliamentary inquiry following a report from the BBC's award-winning Africa Eye team on concerns about alleged fraud, bribery and other highly-questionable business practices by two British managers appointed by a UK aid-backed private equity fund to run its investee Kenyan firm Spencon.

See the downloadable press release above.

In 2018, the Permanent Peoples’ Tribunal -- established in 1979 as a continuation of the Russell Tribunals on Vietnam (1966-67) and Latin America (1973-76) -- was requested by community organizations and academic groups to formulate an Advisory Opinion on fracking and other unconventional oil and gas extraction techniques.

In writing their Opinion, the judges considered material from two years of investigations and regional tribunals in a number of countries. The final session heard summary testimonies via a virtual platform on 14-18 May 2018.

Effective research and other action in the field of environment and law requires an understanding of how profoundly both have changed under neoliberalism. The growth of the neoliberal state amid productivity crisis and the move to a more financialized, rent-based global economy has been accompanied by sweeping legal innovations relating to property, trade, investment, rent and criminality as well as an expansion in the mass of written law and in the gaming of legislation.

The High Court has lifted a secrecy order imposed on a 2013 legal challenge by The Corner House of a decision by the Crown Prosecution Service not to freeze some $215 million in alleged proceeds of crime from a corrupt Nigerian oil deal.

Nigerian anti-corruption whistleblower Dotun Oloko today accused  Britain’s Department of International Development (DfID) and its private sector arm, the CDC Group, of jeopardising criminal investigations into potential wrongdoing by two CDC-backed private equity funds, Emerging Capital Partners and Ethos.

In 2009, Mr Oloko supplied DfID with detailed information on investments by the two funds in companies alleged to have acted as money laundering fronts for James Ibori, the former Nigerian state governor who was sentenced last month for money laundering and fraud.

Those found guilty in the UK of financial crimes in developing countries should be required by the court to make reparations, which are more than simply financial payments.

Mr Justice Bean pulled apart the “loosely and perhaps hastily drafted” settlement agreement reached between BAE Systems and the UK's Serious Fraud Office (SFO) in February 2010.  He sentenced the company for concealing that it was making payments to a Tanzania-based agent "with the intention that he should have free rein to make such payments to such people as he thought fit to secure the radar contract” for BAE from the government of Tanzania.

Arms company BAE Systems today pleaded guilty at the City of Westminster magistrates court in London to minor charges of false accounting relating to its controversial sale of military radar equipment to Tanzania in 1999. The sale has been surrounded by allegations of corruption.

Under the OECD Guidelines for Multinational Enterprises, commercial confidentiality cannot be used by corporations as a reason for refusing to supply the names of their agents when requested by competent authorities. This ruling by the UK government was issued in November 2010, six years after The Corner House first submitted a Complaint against BAE, Rolls Royce and Airbus.

This Memorandum raises questions about the due diligence conducted by CDC, a company owned by the UK Government, in its dealings with two private equity firms that have invested in Nigerian companies. These companies are reported to be “fronts” for the alleged laundering of money said to have been obtained corruptly by the former Governor of Nigeria’s oil rich Delta State.

Campaign Against Arms Trade and The Corner House withdrew their application for a judicial review of the 5 February 2010 decision by the Serious Fraud Office (SFO) to enter a controversial plea bargain settlement with BAE Systems and to drop "conspiracy to corrupt" charges against a BAE former agent. They concluded they were unable to appeal against the 22 March 2010 refusal by a High Court judge to grant permission to bring the legal challenge. Nonetheless, both CAAT and The Corner House will continue to raise questions about the settlement and the process leading up to it.

On 22 March 2010, a High Court judge, the Honourable Mr Justice Collins, refused to grant permission to Campaign Against Arms Trade and The Corner House to bring a judicial review of the Serious Fraud Office February decision to make a plea bargain settlement with BAE Systems and to drop "conspiracy to corrupt" charges against a BAE former agent.

A BBC Radio 4 programme Law in Action examined what difference proposed reforms of the UK’s anti-bribery laws would make and recent cases, such as the Serious Fraud Office's settlement with BAE Systems.

Lawyers acting for Campaign Against Arms Trade (CAAT) and The Corner House lodged papers on 26 February 2010 at the High Court in London asking for an injunction to delay the UK's Serious Fraud Office (SFO) from seeking court approval for its controversial plea bargain settlement with BAE Systems pending the outcome of a Judicial Review. They lodged papers requesting the Judicial Review at the same time.

Campaign Against Arms Trade (CAAT) and The Corner House expressed disappointment, anger and outrage at the announcement of a settlement between the UK's Serious Fraud Office (SFO) and BAE Systems of the long-running investigations into alleged bribery and corruption in BAE's arms deals in several African and European countries.

In March 2009, the UK government published a Draft Bribery Bill, which a Joint Committee comprising members of both Houses of Parliament scrutinised in May and June, taking oral and written evidence from a wide range of individuals and organisations, including The Corner House. The Committee's final report, published on 28 July 2009, "strongly support[s]" the draft Bribery Bill. "It represents an important, indeed overdue, step in reforming the United Kingdom's bribery laws, which have been a source of criticism at home and abroad for more than thirty years."

On 25 March 2009, the UK Ministry of Justice published its long-awaited Draft Bribery Bill, the stated aim of which is "to reform the criminal law to provide a new, modern and comprehensive scheme of bribery offences that will enable courts and prosecutors to respond more effectively to bribery at home or abroad". The Corner House was requested by the Joint Parliamentary Committee scrutinising the Bill to submit evidence on the proposed new offence of bribing foreign public officials.

BAE Systems, the UK's largest arms company, has cancelled all its public insurance for its controversial arms sales to Saudi Arabia. The company's decision came to light as a result of legal correspondence between The Corner House/Campaign Against Arms Trade with the UK Export Credits Guarantee Department (ECGD) and subsequent parliamentary questions tabled by Vince Cable MP. By cancelling its insurance, BAE has let the ECGD off the hook from possible legal action over its support for the Saudi deals.

The US public television's flagship public affairs programme, Frontline, produced a 60-minute documentary on "black money" -- the secret payments that make up the shadowy world of international bribery. It reveals how multinational companies create slush funds and set up front companies to obtain business and contracts. In describing the crackdown on these practices, the documentary focuses on BAE Systems and allegations about its billion dollar bribes. It includes an interview with former Serious Fraud Office (SFO) Director Robert Wardle, who describes as "blackmail" the Saudi threat to withdraw intelligence cooperation with the UK if the SFO's BAE-Saudi investigation continued.

This presentation at the 13th International Anti-Corruption Conference highlights the contrast between the UK government's stated commitments to tackling bribery and corruption and its actions in practice. Far from having a "lack of political will", it is argued that the government has immense political will to protect powerful companies from prosecution for bribery, and has thereby created a hostile political environment for fraud investigators and prosecutors.

The Corner House issued this response to the report by the Joint Committee of the UK Parliament scrutinising the draft Constitutional Renewal Bill.

On 30 July 2008, five Law Lords overturned the High Court's ruling of April 2008 when they stated that the SFO Director had acted lawfully in stopping a corruption investigation into BAE Systems' arms deals with Saudi Arabia when faced with a threat to national security. They stated that the Director's discretion to drop criminal proceedings extended legally to taking account of the threat uttered by Saudi Arabia that it would withdraw diplomatic and intelligence cooperation with the UK if the investigation continued, even though the threat was "ugly and obviously unwelcome".

This is a submission to the House of Lords in response to an appeal by the Director of the Serious Fraud Office from the independent human rights and law reform organisation, JUSTICE, which is the British section of the International Commission of Jurists. The submission addresses the domestic legal principles by which the legality of a prosecutor's decision to halt a criminal investigation in response to a threat should be assessed, and the relevant international obligations at issue, the OECD Anti-Bribery Convention.

This second witness statement from Campaign Against Arms Trade updates the House of Lords on official investigations by the US and Swiss authorities into alleged bribery and corruption by BAE Systems in relation to the Al-Yamamah military aircraft contracts.

This Corner House submission to a parliamentary committee scrutinising the draft Constitutional Renewal Bill argues that the proposed legislation does not sufficiently protect the independence of prosecutors and creates a grave risk of abuse by the Government of national security arguments.

This third witness statement from Robert Wardle, the former Director of the Serious Fraud Office, was submitted by the Serious Fraud Office in its appeal in the House of Lords.

A witness statement from Dr John Jenkins of the Foreign and Commonwealth Office, presented by the Serious Fraud Office during its appeal in the House of Lords. 

On 24 April 2008, the UK High Court formally quashed the Serious Fraud Office's (SFO) decision to drop its corruption investigation into arms deals between BAE Systems and Saudi Arabia. It also gave the SFO permission to appeal to the House of Lords against its 10th April 2008 ruling that the SFO's termination of the investigation was unlawful.

The Corner House and Campaign Against Arms Trade held a press conference at the offices of the groups' solicitors, Leigh Day & Co, following the High Court ruling in response to the judicial review brought by both groups. This statement was read out at the press conference.

The Corner House and Campaign Against Arms Trade issued this press release after the High Court ruled, in response to a judicial review brought by both groups, that the Director of the Serious Fraud Office (SFO) had acted unlawfully when he stopped a corruption investigation into BAE Systems' arms deals with Saudi Arabia.

Media coverage was extensive following the ruling by Lord Justice Moses and Mr Justice Sullivan on 10 April 2008 that the decision of the Director of the Serious Fraud Office to drop an investigation into alleged bribes by BAE Systems in Saudi Arabia was unlawful. This is a selection of some leading articles from UK newspapers from 10-17 April 2008.

The UK Government's draft Constitutional Renewal Bill proposes to create a new power for a political appointee and member of the Government, the Attorney General, to stop a criminal investigation or prosecution on the grounds of 'national security' without explanation or accountability to Parliament, the Courts or international bodies.

On 14-15th February 2008, the High Court heard a judicial review of the Serious Fraud Office's decision in December 2006 to terminate its investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia. This document is a transcript of the court proceedings of the second day, 15 February 2008, on which lawyers for the Serious Fraud Office continued their defence.

This press release highlights the documents released in the High Court on 14 February 2008 revealing that Britain's biggest arms company, BAE Systems, wrote to the Attorney General on a "strictly private and confidential" basis urging him to halt the Serious Fraud Office investigation into allegations that BAE had bribed Saudi officials to secure the Al Yamamah arms deal.

On 14th February 2008, the High Court will hear the judicial review of the Serious Fraud Office's decision to terminate its investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.

A second witness statement from the Director of the Serious Fraud (SFO), Robert Wardle, was released in the High Court on Thursday 14 February 2008 during the judicial review hearing brought by Campaign Against Arms Trade (CAAT) and The Corner House into his decision to terminate the SFO's BAE-Saudi investigation.

On 17 January 2008, Lord Justice Moses finalised the grounds on which The Corner House and Campaign Against Arms Trade could bring its judicial review, the disclosure of documents from the Director of the Serious Fraud Office, and the costs to be paid by both parties.

Documents released in the UK High Court indicate that the Serious Fraud Office investigation into BAE's Saudi arms deals was dropped only after the then Prime Minister Tony Blair sent a personal minute to the Attorney General Lord Goldsmith. They show that Goldsmith did not believe that the case should be dropped in response to alleged Saudi threats to withdraw intelligence and security co-operation.

On 9 November 2007, Lord Justice Moses sitting with Mr Justice Irwin granted The Corner House and Campaign Against Arms Trade permission to bring a full judicial review hearing against the decision by the Director of the Serious Fraud Office to terminate the SFO investigation into alleged bribery by BAE Systems in its Saudi Arabian arms deals. Their judgment outlines their reasons for giving permission, and summarises issues relating to the costs of the judicial review.

At an oral hearing in the UK High Court on Friday 9 November 2007, lawyers for Campaign Against Arms Trade (CAAT) and The Corner House will argue that permission should be granted for a full judicial review hearing against the UK Government's decision to cut short an investigation by the Serious Fraud Office (SFO) into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.

This Corner House submission urges the Woolf Committee, set up by BAE, to look in detail at BAE's use of agents and consultants to obtain contracts, lobbying policies, covert monitoring of NGOs, failure to cooperate with law enforcement authorities, and at how BAE should deal with allegations of its past malpractice.

On 29 May 2007, a High Court judge refused to grant permission to The Corner House and CAAT for a full judicial review hearing of the December 2006 decision by the Director of the Serious Fraud Office to stop an investigation into alleged bribery and corruption in BAE's recent arms contracts with Saudi Arabia.

On 18 April 2007, The Corner House and Campaign Against Arms Trade (CAAT) filed papers at the High Court in a judicial review of the UK's Serious Fraud Office's decision in December 2006 to end its investigation into alleged corruption by BAE Systems in Saudi Arabia.

On Friday 19 January 2007, CAAT and The Corner House received the Government's formal response to their proposed judicial review challenge of the Serious Fraud Office decision to discontinue the investigation into BAE Systems.

The letter sent by the Government's solicitors seeks to defend the decision. There is nothing in that letter which has dissuaded CAAT and The Corner House from their view that the decision was unlawful and is susceptible to challenge in the High Court.

The Treasury Solicitor confirmed that the Government intended to respond by 19 January 2007.