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Controversial BAE Deal For Court

Discussion in 'International Forum' started by ngoshwe, Jun 30, 2010.

  1. ngoshwe

    ngoshwe JF-Expert Member

    Jun 30, 2010
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    <H1>Prosecutors to push on with BAE deal

    Prosecutors have vowed to press on with a deal to fine BAE Systems £30m in spite of judicial criticism of other agreements made to settle cases of suspected corporate corruption.

    The Serious Fraud Office hopes to bring the matter to court before the summer break after months of delay stemming from legal complications including a court challenge to its so-called plea bargain with the arms maker.
    Lawyers said the SFO's decision carried risks and, whatever the outcome, would have an impact on other cases involving alleged graft by big business, particularly where the probes were transatlantic.

    Richard Alderman, SFO director, said the agency was pulling together papers quickly to bring on the case agreed with BAE in February, under which the company would admit to a minor accounting offence and pay £30m in penalties.

    "Clearly it's complex and the documentation will be extensive," Mr Alderman said in an interview. "We all want to get this before the court as soon as we can." Mr Alderman said the date for a hearing was a matter for the courts, although people familiar with the case said the agency was keen to avoid creating another hiatus by leaving the matter until after the summer holidays.

    The SFO would be bringing the case under the terms originally envisaged, Mr Alderman said, even though judges had raised concerns about agreements it had struck with corruption suspects in prosecutions in the past few months involving Innospec, a Cheshire-based chemicals company, and John Dougall, a former healthcare executive.

    "Clearly there is much for us to learn from the guidance given to us by judges in Innospec and Dougall," he said. "We are determined to learn from that and to ensure that the cases we bring in the future satisfy the judges."

    Lawyers said the SFO will have to proceed carefully to avoid antagonising the judiciary into throwing out a case that is not only its highest profile action against a company but also potentially a template for future deals with businesses embroiled in international probes into suspected graft.

    Under the agreement, BAE, which has also agreed to pay $400m (£265m) in fines in the US, will admit to accounting irregularities under the 1985 Companies Act in relation to the sale of a radar system to Tanzania. The company has always denied bribery and will not admit it as part of the prosecution.

    Lawyers said one risk facing the deal was that judges might question whether the technical offence charged was the right one given the underlying conduct. Another possibility was that the judiciary might query whether it was lawful to charge BAE under the Companies Act, since some legal experts say it is possible to argue the offence is meant to apply only to individuals.

    A third potential complication, legal experts said, was that judges might feel they were being presented with an unwanted fait accompli on sentencing. The proposed structure of the punishment is unusual, with part of the £30m earmarked to pay whatever fine the court imposes, with the remainder to be given to Tanzania as reparations.
    BAE said that its representatives were working with the SFO as it, too, wanted the matter finalised. Like the agency, it stressed that it recognised the final decision on sentencing rested with the courts.

    </H1>FT.com / UK - Prosecutors to push on with BAE deal

  2. Nguruvi3

    Nguruvi3 Platinum Member

    Jun 30, 2010
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    The BAE issue is grand graft which should not leave any stone untruned. Unfortunate in Tanzania the ''mtoto wa mkulima'' once admitted that these culprit are too dangerous to chastise . Indeed he is right,we see them in streets with VOG etc relaxed and confortable.
    I don't think Tanzania deserves a single shilling from BAE's monies! the NGO could be recipient for the same. I can justfie this,first the TZ gov. refuted publicly that the deal was not clean. Secondly, the same gov officials were in third phase goverment including PM,VP, and HE president. They knew how awkward was the deal, the know who are the benefiiciary of the deal, therefore it is inconceivable to learn that as of today they don't know what happened 6 years ago in the same cabinet they served.
    I could honestly say, the monies SHOUL BE given to madame minister in Blairs gov. who sacrificed her job in defence of poor Tanzania. I am sure she has moral authority to care for us not the same leaders who plunged us in thi scandal.
    Right now, Hon. Mr Membe is busy appointing the delegation to deliberate the issue with UK government. The first commission has been abolished because Uk she has new PM. Now there appointed member who need to work with Cameron to get back our money. This is another way of swindling the remained amount through a famous conduit known as Allowance and per diem. By the time reimbursement is done,treasury will have dished twice as much to 10 men commission,plus minister and a group of P.secretary from Treasury, Immigration,police, PCCB, Foreign affairs, high commissions, PM office,VP office, state house, Bunge committee,etc etc etc.
    The only disadavataged groups are scientist in lab, Dr in theatre, Teachers in classroom and engineers in calvet.!!!!!!!!!!!!!!!
    This is how the '' wenye nchi'' enjoy the national cake
    We have a long way to go.................................
  3. ngoshwe

    ngoshwe JF-Expert Member

    Jun 30, 2010
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    H.E JK and his fellas are keen waitin' for getting back the said "Vijichenji" to be used elsewhere. Let's see how will it be!!!