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”.
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.
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.
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 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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
