The Corner House
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.
Campaign Against Arms Trade and The Corner House are challenging the blanket immunity from prosecution given by the Serious Fraud Office (SFO) to BAE Systems as part of its February 2010 plea bargain settlement with the company.
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.
Sentencing at Crown Court on 20 December 2010
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.
as Serious Fraud Office brings plea bargain settlement to court
The Serious Fraud Office (SFO) is going to Court on Tuesday 23 November (at the City of Westminster Magistrates Court in London) to seek approval of its plea bargain settlement made with BAE Systems in February this year over the company’s sale of a military radar system to Tanzania in 1999. (At this preliminary hearing, a date will be set for a final hearing in 2011.)
BBC Radio 'File on 4'
A BBC radio programme asks whether the plea bargaining strategy adopted by the UK's Serious Fraud Office (SFO) in the past two years "to punish firms who use bribery and corruption to win contracts abroad" is working. It queries several aspects of the SFO's proposed settlement with BAE Systems, including an agreement that appears to give immunity from prosecution to any individual who might have committed wrong-doing in those affairs.
but withdraw legal challange
The Corner House and Campaign Against Arms Trade
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.
The Corner House and Campaign Against Arms Trade
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 full judicial review hearing against the decision by the UK Serious Fraud Office to make a controversial plea bargain settlement with BAE Systems.
to apply for Judicial Review of SFO-BAE-Tanzania settlement
Honourable Mr Justice Collins
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.
Serious Fraud Office and BAE Systems
After CAAT and The Corner House had submitted their application on 26 February 2010 for a judicial review of the Serious Fraud Office decision to make a plea bargain settlement with BAE Systems and to drop "conspiracy to corrupt" charges against a BAE former agent, the Director of the Serious Fraud Office and BAE Systems submitted their versions of the facts and legal grounds to contest the application, arguing that permission to bring the review should not be given.
BBC Radio 4 "Law in Action"
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.
The Corner House and Campaign Against Arms Trade
The High Court granted an injunction prohibiting the Director of the Serious Fraud Office (SFO) from taking any further steps in its February 2010 plea bargain settlement with BAE Systems. The injunction is in force until the Court decides whether or not to give permission to Campaign Against Arms Trade and The Corner House to apply for a judicial review of the settlement.
PRESS RELEASE
Judicial review papers lodged
The Corner House and CAAT
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.
against UK Serious Fraud Office's BAE settlement
CAAT and The Corner House
Lawyers acting on behalf of Campaign Against Arms Trade (CAAT) and The Corner House issued a letter to the Director of the Serious Fraud Office (SFO) laying out their intention to request a judicial review of the 5 February 2010 decision by the SFO to enter a plea agreement with BAE. The basis for the legal challenge is that the SFO failed properly to apply prosecution guidance (including its own guidance). In particular, the plea agreement reached fails to reflect the seriousness and extent of BAE's alleged offending, which includes corruption and bribery, and to provide the court with adequate sentencing powers.
Denial of justice say NGOs
CAAT and The Corner House
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.
CAAT and The Corner House
1 October 2009: Campaign Against Arms Trade (CAAT) and The Corner House welcomed the decision of the Director of the UK's Serious Fraud Office (SFO) to begin prosecution proceedings against BAE Systems for "offences relating to overseas corruption". The SFO has been investigating the business activities of BAE Systems in African and Eastern European countries.
