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Corruption Enforcement
Federal Agent Chad Aston LO Jakarta
Australian Federal Police
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AFP Fraud & Anti-Corruption
In February 2013, the FAC business area was established to better address:
Serious and complex fraud against the
Commonwealth
Corruption by a Commonwealth Official
Foreign bribery
Complex identity crime
involving the manufacture
and abuse of credentials
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Key functions of the FAC Centre
Enhancing AFP’s capability to triage and evaluate serious and complex fraud and corruption referrals.
Key functions:
Referral evaluations
triage & review
Training Intelligence Informing
change
Agency secondments
and joint activity
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Why does the AFP investigate foreign bribery?
International obligations – Australia has signed the OECD Anti-Bribery Convention.
Foreign bribery is an offence under the Criminal Code 1995 (Cth).
Improved relations and international standing for Australia and Australian companies.
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International Foreign Bribery Taskforce
The IFBT consists of law enforcement agencies from the US, Canada, UK and Australia.
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Who is bribing? Australian findings:
Sectors Mining 50%
Construction 17%
Manufacturing 11%
Public administrationand safety 11%
Wholesale trade 6%
Education and training6%
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Foreign Bribery Allegations
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Challenges for Australia
Legal Professional Privilege
Obtaining evidence from overseas
Evidence management and disclosure
Death penalty implications
Managing public/media interests
Length of time from discovery, referring to law
enforcement, to prosecution
Working with companies
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Self-Reporting & Cooperating with Law Enforcement
Self-reporting and investigation cooperation agreements
Advantages of self-reporting:
The company’s inclusion in the investigation
Reduces exposure of companies to corporate criminal
responsibilities
Will be taken into account when sentencing
Can assist in reducing the adverse effects to a
company’s public image
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The Future
FAC Centre
Panel of Experts
Operations
Partner
Agencies
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Recommendations
• Further enhance relationships
• Additional training
• Implement outreach strategy
• Review and update legislation
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Case Study 2
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Using mutual legal assistance to tackle transnational crime
and illicit financial flows
Australia’s Attorney-General’s Department
The mutual legal assistance framework
Current trends
What do we need for optimal cooperation?
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