Court Judgment on European Oil Companies Found to be Incompatible with OECD Anti-Corruption Convention
HEDA (Nigeria), Re:Common (Italy) and The Corner House
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.
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”.
Larry Lohmann
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.
UK's Crown Prosecution Service accused of failing to freeze corruptly obtained assets
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.
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.)
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.
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.
following up OECD Phase2bis report
solicitors Leigh Day & Co, and Export Credits Guarantee Department
This exchange of letters between the UK's export credit agency and lawyers acting for The Corner House and Campaign Against Arms Trade revealed that BAE Systems had cancelled all its public insurance for its arms sales to Saudi Arabia with effect from 1 September 2008. These sales have been underwritten by the agency for more than two decades and accounted for half its portfolio.
The Corner House and CAAT
The Corner House and CAAT issued this press release after the House of Lords (the UK's highest court) overturned the High Court's ruling of April 2008 that the Director of the Serious Fraud Office (SFO) had acted unlawfully when he terminated a corruption investigation into BAE Systems' arms deals with Saudi Arabia. The law lords judgment confirms that the UK is in flagrant breach of its duty to implement and give force to the OECD Anti-Bribery Convention.
In BAE-SFO-Saudi judicial review
Lord Bingham, Lord Hoffmann, Lord Rodger, Baroness Hale and Lord Brown
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".
in response to Law Lords' judgments in BAE-Saudi appeal
The Corner House and Campaign Against Arms Trade
This statement was issued in response to the House of Lords overturning the judgment of the High Court that the Director of the Serious Fraud Office acted legally in terminating the SFO's investigation into alleged corruption by BAE Systems in its dealings in Saudi Arabia.
JUSTICE
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.
in House of Lords
Serious Fraud Office
This is the Printed Case appeal to the House of Lords by the Serious Fraud Office (SFO) against a High Court ruling on 10 April 2008 that the SFO acted unlawfully in December 2006 when it stopped its investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.
Ann Feltham
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.
on the 'constitutionality' of draft Constitutional Renewal Bill
Jeffrey Jowell QC
This 'legal opinion' from a top UK constitutional lawyer concludes that a clause in the draft Constitutional Renewal Bill (published 25 March 2008) effectively preventing judicial review of a decision to halt a prosecution or fraud investigation on the grounds of national security violates a fundamental UK constitutional principle of the rule of law, and could be challenged under the Human Rights Act.
by Robert Wardle, former Director, Serious Fraud Office
Robert Wardle
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.
by Helen Garlick, Assistant Director, Serious Fraud Office
Helen Garlick
This second witness statement from the the Serious Fraud Office's Assistant Director was submitted by the Serious Fraud Office for its House of Lords appeal.
by Dr John Jenkins, Foreign and Commonwealth Office
Dr John Jenkins, FCO
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.
in House of Lords Appeal
The Corner House and Campaign Against Arms Trade
This submission from The Corner House and CAAT lawyers to the House of Lords in response to an appeal by the Director of the Serious Fraud Office focuses on two principles of law: the Rule of Law; and compliance with the OECD Anti-Bribery Convention.
The Corner House and CAAT
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 judgement on Corner House and CAAT v. Director of the Serious Fraud Office and BAE Systems PLC
Dr Susan Hawley
On 10 April 2008, Lord Justice Moses and Mr Justice Sullivan ruled 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 summary and analysis of that judgment prepared by The Corner House.
Campaign Against Arms Trade and The Corner House
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.
in response to CAAT/The Corner House request for judicial review
Lord Justice Moses and Mr Justice Sullivan
On 10 April 2008, Lord Justice Moses and Mr Justice Sullivan ruled 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 their 42-page judgment.
The Corner House and Campaign Against Arms Trade
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.
of judgment on Corner House and CAAT v. Director of the Serious Fraud Office and BAE Systems PLC
Lord Justice Moses and Mr Justice Sullivan
On 10 April 2008, Lord Justice Moses and Mr Justice Sullivan ruled 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. As the judgment is long -- on the judges' own admission -- they prepared a summary of the first part of their ruling.
Financial Times, The Guardian, The Independent, The Times, The Observer, Daily Telegraph
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 Corner House and Campaign Against Arms Trade
Even before the judgement has been given on the landmark judicial review of the decision by the UK's Serious Fraud Office to halt its BAE-Saudi Arabia corruption investigation, the UK Government has introduced draft legislation whose effect would be to prevent in future such a judicial review -- and even such an investigation. The Corner House and CAAT are calling upon the public and parliamentarians to voice their concerns about the draft Constitutional Renewal Bill.
Proceedings of second day of judicial review
court proceedings
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.
various
Documents released in the High Court on 14 February 2008 reveal that 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 Arabian officials to secure the Al Yamamah arms deal. The company argued that the investigation should be dropped on commercial and diplomatic grounds.
CAAT and The Corner House
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.
Proceedings of first day of judicial review
court proceedings
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 first day, 14 February 2008, on which lawyers representing The Corner House and Campaign Against Arms Trade presented their arguments, and lawyers for the Serious Fraud Office began their defence.
Of Serious Fraud Office decision to stop BAE-Saudi corruption inquiry
The Corner House and CAAT
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.
For Judicial Review hearing 14-15 February 2008
lawyers on behalf of The Corner House and CAAT
On 14 February 2008 in the High Court, lawyers for The Corner House and Campaign Against Arms Trade presented this outline (or 'skeleton') of their arguments as to why the decision in December 2006 by the Director of the Serious Fraud Office (SFO) to discontinue the SFO investigation into alleged corruption by BAE Systems in recent Al Yamamah arms deals with Saudi Arabia was unlawful.
Robert Wardle, Director of Serious Fraud Office
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.
A witness statement from the Assistant Director of the Serious Fraud (SFO), Helen Garlick, was released in the High Court on Thursday 14 February 2008 (although dated 31 January) during the judicial review hearing brought by Campaign Against Arms Trade (CAAT) and The Corner House into the SFO Director's decision to terminate the SFO's BAE-Saudi investigation.
Lord Justice Moses
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.
various
Documents released in the High Court on Friday 21 December 2007 indicate that the Serious Fraud Office (SFO) 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.
The Corner House and CAAT
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.
Robert Wardle, Director of Serious Fraud Office
A witness statement from the Director of the Serious Fraud (SFO), Robert Wardle, indicates that he repeatedly rejected requests to terminate the Serious Fraud investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.
Mr Justice Moses and Mr Justice Irwin
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.
Campaign Against Arms Trade and The Corner House
On Friday 9 November 2007, two High Court judges granted permission to Campaign Against Arms Trade (CAAT) and The Corner House to bring a full judicial review hearing against the UK Government's decision in December 2006 to cut short a Serious Fraud Office (SFO) investigation into alleged corruption by BAE Systems in recent arms deals with Saudi Arabia.
BAE-Saudi arms deals investigation legal challenge
The Corner House and CAAT
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.
For Permission Hearing for Judicial Review
lawyers on behalf of The Corner House and CAAT
On 9 November 2007 at a High Court hearing, lawyers for The Corner House and Campaign Against Arms Trade presented this outline (or 'skeleton') of their arguments as to why a judicial review should be held of the Serious Fraud Office's decision in December 2006 to cut short its investigation into alleged corruption by BAE Systems in recent Al Yamamah arms deals with Saudi Arabia.
CAAT and The Corner House with Mark Thomas
On 23 September 2007, activist comedian Mark Thomas organised a comedy benefit night of Britain's top comedians to raise public awareness of the UK's Serious Fraud Office decision to drop its investigation into bribery allegations involving BAE Systems in Saudi Arabia and to support the legal challenge to this decision. This "secret file" programme was given to all those who attended.
by Mr Justice Collins
Honorable Mr Justice Collins
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.
Serious Fraud Office Director
The Serious Fraud Office Director argues that permission to bring a judicial review of his decision to stop the BAE-Saudi Arabia-corruption investigation should be refused.
against the Director of the Serious Fraud Office
The Corner House and Campaign Against Arms Trade
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.
Nicholas Hildyard
This Corner House 'witness statement' outlines the nexus between corruption and bribery, and international trade, economic investment, terrorism and national security, and provides background on legislative and other steps to combat corruption. It forms part of the claim for a judicial review against the UK Government's decision in December 2006 to terminate an investigation by the Serious Fraud Office into alleged corruption by BAE Systems in recent Al Yamamah arms contracts with Saudi Arabia.
Update on proposed judicial review, 25 January 2007
CAAT and The Corner House
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.
NGO letter to Prime Minister Tony Blair, 15 January 2007
National and international NGOs
140 NGOs from 37 countries called upon Prime Minister Tony Blair to re-open the investigation of the Al Yamamah defence contract between BAE and Saudi Arabia government because of the impacts of corruption on democracy, sustainable development, human rights and poverty.
Treasury Solicitor reply, 5 January 2007
UK Government Treasury Solitictor
The Treasury Solicitor confirmed that the Government intended to respond by 19 January 2007.
Corner House Research and Campaign Against Arms Trade response, 3 January 2007
The Corner House and CAAT
Corner House Research and Campaign Against Arms Trade agreed to the Treasury Solicitor's request for an extension of time to respond to the 18 December 2006 letter sent on behalf of The Corner House and CAAT, provided that he confirmed that the groups would receive a response by 19 January 2007.
Treasury Solicitor reply, 28 December 2006
UK Government Treasury Solicitor
The UK Government's Treasury Solicitor replied that the Government would endeavour to provide a substantive reponse by 19 January 2007 to the 18 December 2006 letter sent on behalf of The Corner House and CAAT.
CAAT and The Corner House
On 18 December 2006, The Corner House and Campaign Against Arms Trade (CAAT) began a legal challenge to the decision by the UK's Serious Fraud Office to drop the investigation into bribery allegations involving BAE Systems Plc in Saudi Arabia.
The Corner House
In December 2004, The Corner House began legal proceedings against the Export Credits Guarantee Department, claiming it had weakened its anti-corruption rules after consulting corporations only. It was awarded the first-ever full "protective costs order" to challenge the changed rules: The Corner House would not have to pay the Department's legal costs, even if it lost, because the challenge was in the public interest.
In December 2004, The Corner House instituted legal proceedings against the UK's Secretary of State for Trade and Industry as the government minister responsible for the Export Credits Guarantee Department.
