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Bribery & Corruption Involving Politically Exposed Persons

Trust and Company Service Provider (TCSPs)
Bribary and Corruption

Background:

Chairman of state-owned company, individual A is a Politically Exposed Person (PEP) due to their position held in government. Individual A entered into a contract on behalf of their government (high-risk Jurisdiction) to sell fossil fuels with a foreign investment company, Company X. Shortly after the contract was agreed, it was cancelled by individual A on behalf of the government. At this time individual A entered into a private contract to sell the material to Company X, via a newly incorporated Jersey company, Company B. The Beneficial Owners (BOs) of the company B were listed as an investment management company, Company C, who are approved in the UK by the FCA, (as a nominee for individual A).

The new contract offered a low price for the material over a long period. 

Company C could potentially be a Professional Enabler acting as a front for the real BO- individual A. 

Company B was listed on the London Stock Exchange (LSE) and shares sold to unsuspecting shareholders, the stock of Fossil Fuels was restricted by A to create a demand which resulted in a substantial increase in share price.

Individual A has established a trust in Jersey, which has purchased real estate in UK and European jurisdictions using proceeds of crime. Company C is the sole beneficiary and settlor of the trust.  

Indicators: 

  • High risk jurisdiction & financial services sector (TCSPs).
  • Politically Exposed Person.
  • Purchase of real estate in UK and European destinations by individual A, (through the trust) who could not afford assets using government salary. 
  • No full BO information held for Company C, due to Financial Conduct Authority (FCA) regulation simplified Client Due Diligence (CDD) measures implemented.
  • Company B and C do not hold any previous knowledge of the fossil fuel industry.
  • The contract agreed was substantially below the market price for the material.

Suspicious Activity:

  • Newly established trust quickly acquires real estate using assets from contracts with high risk Jurisdiction. 
  • Unnecessary complex structure.
  • No bank account information held, thought to be in another jurisdiction. Suspected that Company C is operating the bank account on behalf of Company B through use of client account.

FIU Actions:

  • The FIU reviews all submissions and grades and priorities them as appropriate.
  • All FIU staff have a clear understanding and training in bribery and corruption involving PEPs. 
  • The FIU engages both domestically and internationally with other units, specialising in cases involving PEPs and Grand corruption.
  • As a member of the International Anti-Corruption Co-Ordination Centre (IACCC), the FIU can escalate Grand Corruption cases to seek wider international support across law enforcement and FIUs.
  • Intelligence shared with jurisdictions with a nexus to case. 
  • Proceeds of Crime notices sent to various Jersey financial institutions to review on-boarding procedures and CDD/EDD held.

Outcomes:

  • Consent to exit not provided at this stage due to ongoing investigation and potential repatriation of funds to originating country. 
  • Company C has been reported to facilitate potential removal from FCA list.
  • Local institutions have been alerted they may be holding relationships with companies/individuals involved and therefore potentially the Proceeds of Crime. 

FIU Comment:

  • Too much reliance based on company C being regulated by FCA.
  • Global cooperation to demonstrate transparency and to protect Jersey reputation.
  • The FIU undertook further open source intelligence (OSINT) research to identify verifying sources and further detail from other FIUs, that supported the allegations.
  • Abuse of position of power by official in jurisdiction that is considered high risk and unstable.
  • Through review of records provided by the service provider the use of undisclosed nominees which led to incorrect details being held on structures legal paperwork. 

Related criminality:

Bribary and Corruption

Bribery is the act of offering, giving, receiving, or soliciting something of value as a means to influence the actions of an individual in a position of authority. This can involve cash payments, gifts, services, or other forms of compensation. It typically occurs in situations where the recipient is expected to provide a benefit in return, such as favorable treatment, contracts, or legal judgments.

Bribery is prevalent in many spheres, including politics, business, and various levels of government. It distorts free markets and can lead to situations where decisions are made based on personal gain rather than merit or public interest. The consequences of bribery can be profound, leading to unfair advantages, damaged reputations, and legal ramifications for both the giver and receiver.

Corruption encompasses a broader range of unethical behaviors that abuse positions of power for personal gain. While bribery is one form of corruption, it also includes practices such as nepotism (favoring relatives or friends by giving them jobs), cronyism (favoring friends or associates in political or business decisions), fraud, embezzlement, and the manipulation of regulations to benefit oneself at the expense of the greater good.

Corruption can occur in both the public and private sectors and often leads to severe societal consequences, including the erosion of trust in institutions, increased inequality, and stagnated economic growth. When officials engage in corrupt behavior, it can hinder the effectiveness of government functions, resulting in poorer quality public services and infrastructure. Additionally, corruption can deter foreign investment, increase risks in business operations, and perpetuate cycles of poverty and disenfranchisement in communities.

Both bribery and corruption are detrimental to society and necessitate robust legal frameworks and ethical standards to combat their prevalence and restore integrity in institutions.

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