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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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