Regional Workshop on Private Sector Corruption: Legal Framework, - - PowerPoint PPT Presentation

Sharing of Singapore’s Experience Regional Workshop on Private Sector Corruption: Legal Framework, Enforcement & Prevention

SINGAPORE’S LEGAL FRAMEWORK, ENFORCEMENT & PREVENTION AGAINST PRIVATE SECTOR CORRUPTION

• 1. Introduction of CPIB
• 2. Corruption Situation in Singapore

3.Singapore’s Anti-Corruption Legislative

Framework

• Private sector case studies
• 4. Prevention & Outreach Efforts to combat

Private Sector Corruption

• Established in 1952
• Sole anti-corruption agency responsible for investigating corruption
• ffences in Singapore
• Conducts anti-corruption prevention and outreach

CORRUPT PRACTICES INVESTIGATION BUREAU

• Singapore is ranked 3rd in

Transparency International’s 2018 Corruption Perceptions Index.

• Generally low levels of

corruption in Singapore.

• Majority of corruption cases

stem from the private sector

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CORRUPTION SITUATION IN SINGAPORE

Private Sector Corruption accounted for majority of corruption cases investigated by CPIB.

CORRUPTION SITUATION IN SINGAPORE

15%

Rejection

• f bribes

by public

• fficials

10% 10% 13% 13%

Private Sector Individuals represented majority of individuals prosecuted in Court for offences investigated by CPIB.

CORRUPTION SITUATION IN SINGAPORE

SINGAPORE’S ANTI-CORRUPTION LEGISLATIVE FRAMEWORK

• 1. Prevention of Corruption

Act, Chapter 241

• 2. Corruption, Drug Trafficking and

Other Serious Crimes (Confiscation of Benefits) Act, Chapter 65A

SALIENT FEATURES OF ANTI-CORRUPTION LEGISLATIVE FRAMEWORK

Criminalises corrupt acts

• f both Givers and

Receivers Deals with both Natural and Legal Persons Extra-Territorial Provision Presumption of corruption in certain cases involving payments made to public officials Harsher punishment for corruption cases involving bribing public

• fficials or concerning

government tenders Mandatory Disgorgement of Value

• f Corrupt Gratification

from Convicted Corrupt Receiver.

PREVENTION OF CORRUPTION ACT (CHAPTER 241)

SALIENT FEATURES OF ANTI-CORRUPTION LEGISLATIVE FRAMEWORK

CORRUPTION (CONFISCATION OF BENEFITS) ACT In March 1988, Corruption (Confiscation of Benefits) Bill was tabled for 2nd reading in

• Parliament. Then Law Minister s said:

“Methods of corruption are always undercover and very difficult to detect. Corruption is cunning in hiding its tracks over a long period of time. Therefore, we must be prepared to adopt any new legal procedures which will serve as further deterrents against corruption.”

SALIENT FEATURES OF ANTI-CORRUPTION LEGISLATIVE FRAMEWORK

CORRUPTION (CONFISCATION OF BENEFITS) ACT

Corruption (Confiscation of Benefits) Act was enacted in 1989 to put in place mechanism to disgorge disproportionate, unexplained wealth of persons who were convicted of corruption offences, not limited to gratification received by them. Onus placed

• n accused to prove that his disproportionate wealth

were not derived from corruption. Unprecedented powers conferred to confiscate corrupt benefits from persons who had absconded or died while investigation was underway.

SALIENT FEATURES OF ANTI-CORRUPTION LEGISLATIVE FRAMEWORK

Confiscation of disproportionate, unexplained wealth Confiscation of criminal benefits from accused who have absconded or died Criminalises act of self and third party laundering of criminal benefits Criminalises act of laundering of criminal benefits derived from FOREIGN serious

• ffences

Offence for failing to file suspicious transaction reports with Financial Intelligence Unit (FIU) Confers investigators with powers for asset seizure without need for court order

CORRUPTION, DRUG TRAFFICKING AND OTHER SERIOUS CRIMES (CONFISCATION OF BENEFITS) ACT (CHAPTER 65A)

• Citiraya was a public listed company in Singapore,

specialised in recycling of electronic waste.

• CPIB received information that the company was

engaged in corrupt practices.

• Before CPIB commenced investigation, accused

Ng Teck Lee has fled from Singapore with his wife. His current whereabouts is unknown.

Citiraya Case

CASE STUDY 1

• DISGORGMENT OF CRIMINAL BENEFTS FROM

ABSCONDED PERSONS

• Investigation established that Ng and his brother

bribed staff of Citiraya’s customers and its own staff with almost S$2mil in order to siphon US$51mil worth of microprocessor chips for sale in black market.

• All identified corrupt givers and receivers were

prosecuted and convicted of corruption offences.

• CPIB seized S$28mil of assets linked to Ng.

Citiraya Case

CASE STUDY 1

• DISGORGMENT OF CRIMINAL BENEFTS FROM

ABSCONDED PERSONS

• CPIB successfully obtained a confiscation order

against Ng for the full criminal benefit of US$51mil to be disgorged

• Of S$28mil seized from Ng and his wife, the

Court allowed for S$23mil to be realized against the confiscation order after taking into account claims made by third parties.

• This showcases the legal mechanism in place to

disgorge criminal benefits from persons who absconded from our investigations.

Citiraya Case

CASE STUDY 1

• DISGORGMENT OF CRIMINAL BENEFTS FROM

ABSCONDED PERSONS

• Accused was charged and convicted of bribing to three

Lebanese football officials to induce them to fix a football match in Singapore, and sentenced to 7 years imprisonment.

• Parallel to the corruption investigation, CPIB convened

financial investigation on accused and seized over $2mil

• f assets linked to accused.
• Findings revealed that over 7 years preceding his arrest

by CPIB, accused has $3.4mil of his wealth accumulation and expenses that could not be accounted, which we deemed as his disproportionate wealth.

Eric Ding Case

CASE STUDY 2

• DISGORGMENT OF DISPROPORTIONATE WEALTH

• After accused’s release from prison, CPIB took an

unprecedented move earlier this year to apply for a confiscation against a giver of bribe.

• In May 2019, Court issued the confiscation order

against the accused for $2.6mil, being the value of accused’s assets that has been seized and could be realised.

• The realisation of accused’s assets is still ongoing.

Eric Ding Case

CASE STUDY 2

• DISGORGMENT OF DISPROPORTIONATE WEALTH

PREVENTION & OUTREACH EFFORTS to combat private sector corruption

Inform & reinforce the anti- corruption messages to the public & community at large Connect & educate target groups on corruption prevention & roles & responsibilities of CPIB Engage & network with foreign counterparts for exchange of ideas

• n corruption

prevention

To create Awareness, Connect & Engage (ACE) with the public & community at large

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PREVENTION & OUTREACH EFFORTS

 SS ISO 37001 Singapore Standard for Anti- Bribery Management System

PREVENTION & OUTREACH EFFORTS

• Outreach to Private Sector

 PACT: A Practical Anti-Corruption Guide 4-step guide for business owners to reduce risk of corruption through some practical steps

 Anti-Corruption Partnership Network

PREVENTION & OUTREACH EFFORTS

• Outreach to Private Sector
• Launched on 11 September 2018.
• Platform to promote ownership on the

prevention of corruption in the private sector

• To date, Network has 25 members.

 Corruption Prevention Talks to Private Sector and Outreach Events with Strategic Private Sector Industry Partners

Proactive approach to engage media and collaborate on special feature and exclusive stories

PREVENTION & OUTREACH EFFORTS

• Engage the Media

Exclusive interviews with mainstream media on Eric Ding’s court confiscation order

Business Times (26 April 2019)

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PREVENTION & OUTREACH EFFORTS

• Leverage on Social Media

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• Comic Strips with Anti-Corruption Message

PREVENTION & OUTREACH EFFORTS

• Public Education to Wider Community

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Corruption is firmly under control No room for complacency in upholding zero tolerance approach against corruption CPIB remains resolute and committed to combat corruption with the public Strong emphasis

• n continued

investments to sharpen investigation tradecraft and support capabilities Expanded public outreach efforts to strengthen public vigilance against corruption

CONCLUSION