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25 September 2009

Mabey & Johnson Ltd sentencing

Mabey & Johnson Ltd appeared at Southwark Crown Court today for sentence in relation to admitted offences of overseas corruption and breaching UN sanctions. The company is to pay £6.6M. This is the first prosecution brought in the UK against a company for these offences.

The company, which is a supplier of steel bridging and is based in Twyford, Berkshire, had already indicated at a magistrates' court hearing on 10 July 2009 that it would plead guilty to these offences.

Corruption

The prosecution for corruption arises from the company's voluntary disclosure to the SFO of evidence to indicate that the company had sought to influence decision-makers in public contracts in Jamaica and Ghana between 1993 and 2001. The decision to voluntarily disclose the corruption offences to the SFO was taken by the management of Mabey & Johnson's holding company in February 2008 whereupon an investigation was opened.

Breach of UN sanctions

The prosecution for breach of UN sanctions during 2001/02, as they applied to contracts in the Iraq “Oil-for-food” programme, arises from an investigation commenced in January 2007.

During the course of these investigations the company cooperated with the SFO.

Proceedings

Earlier this year the SFO was given consent by the Attorney General to bring these proceedings.

Sentence

The company having agreed that it would be subject to financial penalties to be assessed by the Court, will pay reparations and will submit its internal compliance programme to an SFO approved independent monitor. The details of the sentence today are:

Fines

Ghana £750,000
Jamaica £750,000
Iraq £2 million
Confiscation order £1.1million

Reparations

Ghana £658,000
Jamaica £139,000
Iraq £618,000
Confiscation order £1.1million
 
Costs to the SFO £350,000
First year monitoring cost up to £250,000

Commenting on the conclusion of this prosecution, SFO Director Richard Alderman said, “This is a landmark outcome. The first conviction in this country of a company for overseas corruption and for breaking the UN Iraq sanctions and, satisfyingly, achieved quickly. The offences are serious ones but the company has played its part positively by recognising the unacceptability of those past business practices and by coming forward to report them and engage constructively with the SFO. I urge other companies who might see some parallels for them, to come and talk to us and have the matter dealt with quickly and fairly”.

Notes for editors

The text of the two prosecution opening statements for (a) the corruption offences in relation to Jamaica and Ghana and (b) breaching UN sanctions in the oil-for-food programme can be found on our website via the following link: www.sfo.gov.uk/mabeyjohnsonltd/

Serious Fraud Office
Elm House,
10-16 Elm Street,
London WC1X 0BJ,
United Kingdom

Press Office tel: 020 7239 7001/7045/7000/7132
Main switchboard tel: 020 7239 7272
Mobile: 0781 807 6688
Email: press.office@sfo.gov.uk



 

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