" while he was a Cabinet Minister in the Vajpayee government, Suresh Prabhu was accepting foreign donations to his NGO Manav Sadhan Vikas Sanstha of which he was and still continues to be Chairman.
In 2002, Suresh Prabhu’s NGO Manav Sadhan Vikas Sanstha received funds from the Ford Foundation which has well-established and acknowledged ties to the CIA and which is known to disburse funds on behalf of the CIA and to further CIA projects. (US Senate/ Congressional records disclose that the CIA played a role in facilitating the Dabhol Power Project.) In 2002, Suresh Prabhu was the Union Power Minister and was involved with the disputes on the corruption-ridden Dabhol power plant. His decisions, positions and actions as Power Minister benefited General Electric Company in the Dabhol disputes."
at page 26 records that Suresh Prabhu's NGO Manav Sadhan Vikas Sansthan got USD 71,775 from the Ford Foundation
To the President of India and to Prime Minister Narendra Modi,
I am writing pursuant to my emails pointing out that Suresh Prabhu is completely unsuitable for a government position and that his appointment as Rail Minister has been made under pressure from General Electric Company which is facing corruption charges in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura.
One of Mr Suresh Prabhu’s first decisions as Rail Minister was to appoint former DMRC Managing Director, E. Sreedharan as a one-man committee to fix accountability in all rail tendering processes.
This decision is strange and improper and reveals why Suresh Prabhu is clearly unsuited to the job of rail minister.
You will be aware that the Serious Fraud Investigation Office (SFO) of the United Kingdom is prosecuting Alstom companies and executives for having bribed Delhi metro officials to secure Delhi metro contracts between 2001 and 2006, when Mr E Sreedharan was the Managing Director of Delhi Metro.
The fact that criminal charges have been levied against Alstom and criminal trials are underway in the United Kingdom establish that the SFO would have obtained credible evidence that Alstom did bribe Delhi metro officials.
As usual the Indian government and authorities have made no efforts to identify the Delhi metro officials who received bribes.
In a public relations exercise, Mr Sreedharan in some statements issued to the press has attempted to cover up the fact that Delhi metro officers were bribed. Sreedharan’s statement that since DMRC dealt with Alstom France and not Alstom UK, the bribery charges are wrong is so disingenuous so as to be laughable. Is Mr Sreedharan so naïve that he cannot appreciate that money to bribe DMRC officials might have been deliberately routed through Alstom UK instead of Alstom France? Further Sreedharan’s other statements giving nonsensical reasons for his outright dismissal of the bribery complaints and charges show that he is trying to cover something up.
Sreedharan places reliance on the role of Pacific Consultants International who he says handled DMRC tenders. Is Sreedharan unaware that senior executives of Pacific Consultants International were convicted by Japanese courts for bribing Vietnamese officials during the same period to which the Alstom Delhi Metro bribes pertain?
Has Sreedharan seen the evidence with the UK authorities? If not, then why did Sreedharan feel the need to publicly and prematurely defend DMRC against bribery charges? This defensiveness of Sreedharan leads one to wonder if he himself has something to hide.
Shouldn’t Shreedharan instead have asked that the Indian authorities also investigate these charges and identify which DMRC officers were bribed?
The fact that the SFO has launched criminal proceedings leads to an inference that the SFO has found evidence including money trails of payments made by Alstom to DMRC officials through intermediaries.
The Indian government and authorities are still to officially react or investigate.
Then why is Sreedharan jumping the gun and defending DMRC and himself?
The question therefore arises should someone like Sreedharan who by his press statements has attempted to cover up the Alstom bribes to DMRC under his watch, have been appointed by Suresh Prabhu as a one man committee to recommend how to fix the Railway tendering process?
Doesn’t the SFO case against Alstom place Sreedharan himself under a cloud until the public knows exactly which DMRC officials received bribes from Alstom? And until it is established what role if any Sreedharan played in the Alstom Delhi Metro corruption.
Under the circumstances it was improper of Suresh Prabhu to appoint Sreedharan to this one-man committee and this committee must be disbanded. Sreedharan must not be given any government position or role until he is cleared of involvement in the Alstom DMRC bribery case.
These facts and Sreedharan’s appointment to this one-man committee by Suresh Prabhu again raise grave doubts about Prabhu’s suitability and intent as Rail Minister. Suresh Prabhu appears to lack a moral compass and appears not to have an innate sense of right versus wrong.
Some relevant news reports are reproduced below.
I also wish to bring to your notice that while he was a Cabinet Minister in the Vajpayee government, Suresh Prabhu was accepting foreign donations to his NGO Manav Sadhan Vikas Sanstha of which he was and still continues to be Chairman.
In 2002, Suresh Prabhu’s NGO Manav Sadhan Vikas Sanstha received funds from the Ford Foundation which has well-established and acknowledged ties to the CIA and which is known to disburse funds on behalf of the CIA and to further CIA projects. (US Senate/ Congressional records disclose that the CIA played a role in facilitating the Dabhol Power Project.) In 2002, Suresh Prabhu was the Union Power Minister and was involved with the disputes on the corruption-ridden Dabhol power plant. His decisions, positions and actions as Power Minister benefited General Electric Company in the Dabhol disputes.
Seema Sapra
Corruption cases against Alstom, ex-MD may be brought together
Vidya Ram
Company faces 6 charges of corruption relating to contracts in India, Poland
London, November 3:
The former managing director of Alstom Transport India, Robert Hallett, who faces charges of corruption over a contract for the New Delhi Metro, will have his case joined to the main prosecution against the company.
During a hearing at Westminster Magistrates Court on Monday, Hallett was charged with two counts of corruption and the case transferred to Southwark. Appearing for the prosecution, barrister Rachel Scott said Hallett’s case was likely to be brought together with the one against Alstom Network UK, the British subsidiary of the French industrial giant at the heart of the SFO’s investigation.
“These allegations are part of a corporate corruption case brought against the company Alstom Network UK,” said Scott. The company faces six charges of corruption relating to contracts in India, Poland and Tunisia.
Hallett, Alstom Network UK and certain of its directors and others “corruptly” gave or agreed to give payments to “an official or officials or other agents of the Delhi Metro Rail Corporation Ltd,” between August 2000 and 2006, according to the charge sheet against Hallett.
A payment of ₹1.98 crore disguised as payments for a “consultancy agreement” was made to Indo European Ventures Pte, while Global King Technology Ltd was paid €3.13 million under a similar guise. Both were meant to be “inducements or rewards for showing favour to the Alstom Group in relation to the award or performance of a contract with the said Delhi Metro Corporation for a train control, signalling and telecommunications system for the Delhi Metro Phase 1,” the document read. Alongside this charge, described by the prosecution as a “substantive” offense, he also faces charges of conspiracy.
Hallett, who appeared relaxed at the hearing, has remained an employee of Alstom, had been working in Saudi Arabia and agreed to voluntarily return to the UK for the case. He was released on conditional bale, and is set to appear at Southward Crown Court on November 17 for a preliminary hearing.
Scott told the court they hoped that the case against him and Alstom Network UK would be brought together at the plea and management hearing against the company at the end of January. A plea and management hearing is the stage at which where the defendant would have to enter a plea, and it is established whether there is enough information for a trial date to be set.
(This article was published on November 3, 2014)
Printable version | Nov 28, 2014 8:04:45 PM | http://www.thehindubusinessline.com/companies/corruption-cases-against-alstom-exmd-may-be-brought-together/article6561477.ece © The Hindu Business Line
http://www.ft.com/cms/s/0/4c5040a8-6039-11e4-88d1-00144feabdc0.html#axzz3KLlrJ3Lb
Former Alstom UK manager to be charged with India bribes
Caroline Binham, Legal Correspondent
The first individual to face charges stemming from the UK Serious Fraud Office’s investigation into Alstom, the French industrial group, stands accused of bribing Indian transport officials over a metro contract.
Robert Hallett, a former senior manager for Alstom’s UK subsidiary, faces two counts of corruption brought by the SFO, according to court documents relating to a magistrates’ hearing seen by the Financial Times.
The SFO accuses him of paying the Delhi Metro Rail Corporation €3.1m and 19.9m rupees (€257,000) “as inducements or rewards for showing favour to the Alstom group in relation to the award or performance of a contract”, according to the court list. Individuals at Delhi Metro were not detailed in the document.
Mr Hallett, 51, will appear on Monday in front of Westminster Magistrates’ Court to face charges. James Carlton, a lawyer for Mr Hallett, could not be reached for comment.
Mr Hallett is one of several people, including French and Swiss nationals, to have received warning from the SFO this summer that it intended to charge them as a result of the agency’s five-year probe into Alstom’s dealings, in which the Indian authorities have co-operated.
The individuals had been told by the SFO that because of the complexity of the case the agency would stagger the process of bringing charges, with some proceedings not filed until 2015, people familiar with the case said at the time.
Alstom Network UK, the subsidiary, already faces six counts of conspiracy and corruption brought by the SFO. The agency accuses the industrial conglomerate of paying bribes to officials totalling more than €6m to secure transport contracts in New Delhi, Tunis and Warsaw via sham consultancy agreements.
The next hearing is scheduled for January at Southwark Crown Court. The subsidiary has not entered a plea.
Alstom did not respond to a request seeking comment. The SFO declined to comment.
The charges against Alstom come at a sensitive time for the company, which agreed to sell its power division to General Electric for €12.35bn this year.
The SFO’s investigation is one of several around the world that the group is facing over separate alleged instances of corruption – the most pressing by the US Department of Justice, in which two individuals have pleaded guilty.
GE has said it will accept liability for any fines pertaining to the part of the business it is acquiring.
It is equally a sensitive time for the SFO, amid fresh threats to dismantle the agency from Theresa May, home secretary. The SFO’s director, David Green, has said the plans are not sensible, and come as the agency is undertaking its most demanding workload.
http://indianexpress.com/article/business/business-others/dmrc-dealt-with-alstom-france-not-uk-sreedharan/
DMRC dealt with Alstom France, not UK: Sreedharan
E Sreedharan said that the DMRC had “nothing to do” with Alstom UK. (Reuters) E Sreedharan said that the DMRC had “nothing to do” with Alstom UK. (Reuters)
Written by Sumegha Gulati | New Delhi | Posted: September 13, 2014 3:10 am | Updated: September 13, 2014 10:43 am
While Urban development minister M Venkaiah Naidu has said the Centre will be approaching the UK government to get more details about the alleged Alstom bribery case, former Delhi Metro Rail Corporation (DMRC) chief, E Sreedharan on Friday told The Indian Express that the corporation had “nothing to do” with Alstom UK.
Britain’s top investigating agency, Serious Fraud Office (SFO) on Tuesday charged the British subsidiary of Alstom — the French rail transport equipment maker — for paying bribes to DMRC officials for winning signalling contracts in phases 1 and 2 of the metro rail network here.
According to Sreedharan, during whose tenure the contracts were awarded, DMRC never did any business with Alstom’s British subsidiary. “This allegation is against Alstom Network, UK. Our contracts were with Alstom France. The two are different companies. We don’t know how our name came up in the whole matter. DMRC makes great headlines for the media, so maybe they are raking up this controversy,” he said.
On two specific cases mentioned in the charges — one, regarding disguised payments made to Singapore-based Indo European Ventures Pte Ltd and, the other made to Hong Kong-based Global King Technology Ltd, Sreedharan responded that he was not aware about the existence and activities of the two firms.
“DMRC had no connection with any such firms. I read their names for the first time a few days ago when news reports mentioned them. I am quite sure DMRC never had any dealings with these companies, nor with Alstom UK,” he added.
DMRC spokesperson Anuj Dayal said that the issue first came to light in February this year. “Since then, DMRC received no information on the allegations or any directions pertaining to these from either the ministry of urban development (MoUD) or any other agency. None of the organisations — MoUD, CBI or any other — ever approached us regarding the issue seeking a probe or assistance in the matter,” Dayal said. Officials in the MoUD confirmed that they will soon request the external affairs ministry to write to the Indian High Commission in London to approach the SFO and get relevant details.
- See more at: http://indianexpress.com/article/business/business-others/dmrc-dealt-with-alstom-france-not-uk-sreedharan/#sthash.TBfwtrW3.dpuf
http://www.thehindu.com/news/national/bribery-story-doesnt-hold-up-says-former-delhi-metro-rail-corporation-md-sreedharan/article6479580.ece
NEW DELHI, October 8, 2014
Updated: October 8, 2014 03:04 IST
Bribery story doesn’t hold up: Sreedharan
A day after a British court was told that a number of unnamed officials or agents of the Delhi Metro Rail Corporation were involved in a bribery scam, the former DMRC Managing Director, E. Sreedharan, has responded saying that “there are very many tiers, individuals and agencies involved [in the tendering process] and the decision cannot be influenced by bribing one or two individuals.”
Spelling out the procedure by which DMRC floats tenders and finalises the contracts, Dr. Sreedharan said that the Corporation “has a strict policy of not allowing any intermediaries to our office. Tenderers are not allowed to communicate or get in touch with any DMRC officials during tender finalisation.”
He added: “The story does not therefore hold water. If at all bribe has been paid, it must have been to individuals outside DMRC with a view to siphon back the amount to individuals of Alstom network, U.K.”
Dr. Sreedharan said DMRC had a very structured and transparent procedure for finalising all contracts and during the year 2000-2006 it had a team of General Consultants headed by PCI (Pacific Consultants International) of Japan to assist it in all areas. The tender papers were prepared by them, tenders received and processed by them and sent to DMRC for acceptance.
He said: “Tenders are generally considered in two stages. First there is a pre-qualification of intending tenderers. The General Consultants process the pre-qualification papers and send their recommendations to DMRC. DMRC has then an appraisal Committee consisting of HODs who scrutinise these recommendations and put up to a tender committee consisting of Directors. The tender committee puts up their recommendations to the M.D. and after his acceptance papers are sent to JICA, the lending agency, for scrutiny and clearance.”
“The next stage is invitation of financial bids from the pre-qualified tenderers. The same process and procedure is followed while evaluating the financial bids and the same is again sent to JICA for scrutiny and clearances,” he concluded.
DMRC chief Sreedharan submits interim report on railway tendering to Suresh Prabhu
By PTI | 27 Nov, 2014, 10.55PM ISTPost a Comment
After taking over the ministry, Prabhu has constituted the one-man Sreedharan committee to fix accountability in all tendering processes.
After taking over the ministry, Prabhu has constituted the one-man Sreedharan committee to fix accountability in all tendering processes.
NEW DELHI: Suggesting greater delegation of powers to General Managers (GM) and Divisional Railway Managers (DRM), former Delhi Metro Rail Corporation (DMRC) chief E Sreedharan today submitted an interim report to Railway Minister Suresh Prabhu.
"Powers will be delegated to GMs and DRMs for speedy implementation of projects. Hope transparency and merit prevails," Prabhu twitted after submission of the report by Sreedharan.
After taking over the ministry, Prabhu has constituted the one-man Sreedharan committee to fix accountability in all tendering processes.
The interim report, suggesting ways to delegate tendering and commercial powers to General Managers, was received by Prabhu at his office in the Parliament House here.
"My decision not to deal with tenders by Minister moves closer to implementation by Sreedharan submitting report (sic)," Prabhu wrote on social networking site Twitter.
The interim report was to be submitted by Sreedharan within two weeks of the constitution of the committee and the time limit has been adhered to, said a senior Railway Ministry official adding "the final report is expected within three months."
The committee has been tasked to suggest a set of procedures to be followed in tendering processes so that transparency and accountability are ensured.
Emphasis on these dual criteria in the tendering process by the Railway Minister will give a quantum jump to the efficiency, transparency and implementation of railway projects and bring in an overall improvement in the system of working.
It's A Start
By Richard L. Cassin | Sunday, February 1, 2009 at 5:38PM
We've never come across any good news to report about Japan's overseas anticorruption enforcement. Until now, that is. Last Thursday, according to an AFP report, a court in Tokyo convicted three former executives and their consulting company for bribery in Vietnam.
The three men -- Haruo Sakashita, 62, Kunio Takasu, 66, and Tsuneo Sakano, 59, all former executives of Tokyo-based Pacific Consultants International, or PCI -- admitted bribing a senior Vietnamese government official to secure contracts for road projects backed by Japanese aid money. The Japanese press said the former PCI executives admitted paying $820,000 in bribes to Huynh Ngoc Sy, who was then the Ho Chi Minh City senior transport official named in the Tokyo trial. Prosecutors said PCI had promised Sy a total of $2.6 million for awarding consulting contracts to the firm in connection with road projects in Vietnam financed by Japan's Official Development Assistance program. The scandal caused by the case resulted in Japan's suspending all aid loans to Vietnam.
"The crime was devious, organized and calculated. PCI systematically supplied cash to foreign government employees with the agreement of the top cadre," said the Tokyo District Court judge. "This has inevitably led to a loss of confidence in our country's Official Development Assistance activities, and the result is serious," he said.
Despite his tough talk, the judge suspended the ¥70 million ($780,000) fine he imposed on the defendants and didn't sentence the men to any prison time. AFP said in its report, "Japanese courts often spare prison time, particularly for white-collar crime, if the accused admit the allegations."
Japan is among the 37 countries that have joined the OECD Convention on Combating the Bribery of Foreign Public Officials in International Business Transactions. But along with the United Kingdom, Japan comes in for regular criticism from the OECD for failing to prosecute overseas bribery. In this case, we suspect the Japanese government was forced to act because tax-payer funded foreign aid was involved.
The FCPA Blog Copyright © 2007 - 2014 by Richard L. Cassin and Oil Patch
- See more at: http://www.fcpablog.com/blog/tag/pacific-consultants-international#sthash.yg0G1B9E.dpuf
Saturday, January 31, 2009
Three Japanese execs convicted in Vietnam bribery scandal
A Japanese court on Thursday convicted three executives of a consultancy firm for bribery and slapped a fine on the firm involved in a scandal that led Tokyo to temporarily suspend aid loans to Vietnam last month.
The former executives of Tokyo-based Pacific Consultants International (PCI) admitted to bribing a senior Vietnamese official to secure contracts for road projects backed by Japanese aid money.
"The crime was devious, organized, and calculated. PCI systematically supplied cash to foreign government employees with the agreement of the top cadre," Tokyo District Court presiding judge Toshihiko Sonohara was cited by AFP as saying.
"The defendants could undermine the trust in our country's official development assistance (ODA) projects because they padded bills for contracts so they could use the extra revenue to hand out bribes," Japanese The Daily Yomiuri newspaper quoted Sonohara as saying.
The court convicted former senior employees Haruo Sakashita, 62, Kunio Takasu, 66, and Tsuneo Sakano, 59 of violating the Unfair Competition Prevention Law, which bans bribing foreign government officials.
Sakashita was sentenced to two years in prison, Takasu to 20 months and Sakano to 18 months, all suspended for three years.
The court also imposed a fine of 70 million yen (US$774,000) on the company.
Former PCI President Masayoshi Taga, 63, was also indicted, but he is being tried in a separate bribery trial.
Last December, Vietnam’s Ministry of Public Security had announced an investigation into allegations that PCI executives had bribed Huynh Ngoc Si, who was overseeing the East-West Highway Project, Ho Chi Minh City’s biggest infrastructure project.
The HCMC government last November suspended Si from his position as project head and deputy director of the HCMC Department of Transport. Si allegedly accepted bribes of US$820,000 in 2003 and 2006 from PCI executives in exchange for helping the company win the consulting contract for the project, funded by Japanese official development assistance (ODA), according to Japanese media reports.
At the World Bank Consultative Group meeting in Hanoi on December 4, Japan said it would suspend ODA loans to Vietnam pending further investigations into the case.
Investigations by Japanese authorities will continue after the Japanese court case wraps up, Japanese Ambassador Mitsuo Sakaba told Thanh Nien earlier this month.
He said the Japanese and Vietnamese governments were also working on resuming ODA assistance for Vietnam. The Japanese government is developing new consulting contract selection procedures to avoid a repeat of the bribery scandal in the future, he said.
Japanese Crown Prince Naruhito is scheduled to pay a week-long visit to Vietnam next month to promote further strengthening of bilateral ties.
Naruhito’s first trip to Vietnam marks the 35th anniversary of the establishment of diplomatic relations between the two countries.
Source: TN, Agencies
http://www.thanhniennews.com/society...3&newsid=45693
|
---------- Forwarded message ----------
From: Seema Sapra <seema.sapra@googlemail.com>
Date: Sat, Nov 29, 2014 at 12:11 AM
Subject: Suresh Prabhu's NGO received Ford Foundation funds & Suresh Prabbu's improper appointment of Sreedharan Railway reform committee - Seema Sapra, General Electric whistle-blower - WP Civil 1280 of 2012, a corruption whistle-blower petition in the Delhi High Court (Seema Sapra v General Electric Company and Others)
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Cc: Seema Sapra <seema.sapra@gmail.com>, Seema Sapra <seemasapra@hotmail.com>
From: Seema Sapra <seema.sapra@googlemail.com>
Date: Sat, Nov 29, 2014 at 12:11 AM
Subject: Suresh Prabhu's NGO received Ford Foundation funds & Suresh Prabbu's improper appointment of Sreedharan Railway reform committee - Seema Sapra, General Electric whistle-blower - WP Civil 1280 of 2012, a corruption whistle-blower petition in the Delhi High Court (Seema Sapra v General Electric Company and Others)
To: pmosb <pmosb@gov.in>, Amit Shah <amitshah.bjp@gmail.com>, sanjayjain.chamber@gmail.com, "director@aiims.ac.in" <director@aiims.ac.in>, lggc.delhi@nic.in, "rg.dhc@nic.in" <rg.dhc@nic.in>, Bhim Sain Bassi <cp.bsbassi@nic.in>, joe.kaeser@siemens.com, dch@nic.in, "splcp-vigilance-dl@nic.in" <splcp-vigilance-dl@nic.in>, "splcp-crime-dl@nic.in" <splcp-crime-dl@nic.in>, jtcp-cr-dl@nic.in, "jtcp-nr-dl@nic.in" <jtcp-nr-dl@nic.in>, jtcp-ser-dl@nic.in, jtcp-swr-dl@nic.in, "jtcp-phq-dl@nic.in" <jtcp-phq-dl@nic.in>, jtcp-ga-dl@nic.in, "jtcpt_dtp@nic.in" <jtcpt_dtp@nic.in>, "jtcp-crime-dl@nic.in" <jtcp-crime-dl@nic.in>, jtcp-splcell-dl@nic.in, jtcp-sec-dl@nic.in, "jcpsec@rb.nic.in" <jcpsec@rb.nic.in>, "addlcp-eow-dl@nic.in" <addlcp-eow-dl@nic.in>, jtcp-vigilance-dl@nic.in, jtcp-sb-dl@nic.in, addlcp-crime-dl@nic.in, "addlcpt-dtp@nic.in" <addlcpt-dtp@nic.in>, "addlcp-caw-dl@nic.in" <addlcp-caw-dl@nic.in>, dcp-west-dl@nic.in, addlcp-se-dl@nic.in, "dcp-southwest-dl@nic.in" <dcp-southwest-dl@nic.in>, 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Cc: Seema Sapra <seema.sapra@gmail.com>, Seema Sapra <seemasapra@hotmail.com>
To the President of India and to Prime Minister Narendra Modi,
I am writing pursuant to my emails pointing out that Suresh Prabhu is completely unsuitable for a government position and that his appointment as Rail Minister has been made under pressure from General Electric Company which is facing corruption charges in connection with the Projects and tenders for the proposed diesel and electric locomotive factories at Marhowra and Madhepura.
One of Mr Suresh Prabhu’s first decisions as Rail Minister was to appoint former DMRC Managing Director, E. Sreedharan as a one-man committee to fix accountability in all rail tendering processes.
This decision is strange and improper and reveals why Suresh Prabhu is clearly unsuited to the job of rail minister.
You will be aware that the Serious Fraud Investigation Office (SFO) of the United Kingdom is prosecuting Alstom companies and executives for having bribed Delhi metro officials to secure Delhi metro contracts between 2001 and 2006, when Mr E Sreedharan was the Managing Director of Delhi Metro.
The fact that criminal charges have been levied against Alstom and criminal trials are underway in the United Kingdom establish that the SFO would have obtained credible evidence that Alstom did bribe Delhi metro officials.
As usual the Indian government and authorities have made no efforts to identify the Delhi metro officials who received bribes.
In a public relations exercise, Mr Sreedharan in some statements issued to the press has attempted to cover up the fact that Delhi metro officers were bribed. Sreedharan’s statement that since DMRC dealt with Alstom France and not Alstom UK, the bribery charges are wrong is so disingenuous so as to be laughable. Is Mr Sreedharan so naïve that he cannot appreciate that money to bribe DMRC officials might have been deliberately routed through Alstom UK instead of Alstom France? Further Sreedharan’s other statements giving nonsensical reasons for his outright dismissal of the bribery complaints and charges show that he is trying to cover something up.
Sreedharan places reliance on the role of Pacific Consultants International who he says handled DMRC tenders. Is Sreedharan unaware that senior executives of Pacific Consultants International were convicted by Japanese courts for bribing Vietnamese officials during the same period to which the Alstom Delhi Metro bribes pertain?
Has Sreedharan seen the evidence with the UK authorities? If not, then why did Sreedharan feel the need to publicly and prematurely defend DMRC against bribery charges? This defensiveness of Sreedharan leads one to wonder if he himself has something to hide.
Shouldn’t Shreedharan instead have asked that the Indian authorities also investigate these charges and identify which DMRC officers were bribed?
The fact that the SFO has launched criminal proceedings leads to an inference that the SFO has found evidence including money trails of payments made by Alstom to DMRC officials through intermediaries.
The Indian government and authorities are still to officially react or investigate.
Then why is Sreedharan jumping the gun and defending DMRC and himself?
The question therefore arises should someone like Sreedharan who by his press statements has attempted to cover up the Alstom bribes to DMRC under his watch, have been appointed by Suresh Prabhu as a one man committee to recommend how to fix the Railway tendering process?
Doesn’t the SFO case against Alstom place Sreedharan himself under a cloud until the public knows exactly which DMRC officials received bribes from Alstom? And until it is established what role if any Sreedharan played in the Alstom Delhi Metro corruption.
Under the circumstances it was improper of Suresh Prabhu to appoint Sreedharan to this one-man committee and this committee must be disbanded. Sreedharan must not be given any government position or role until he is cleared of involvement in the Alstom DMRC bribery case.
These facts and Sreedharan’s appointment to this one-man committee by Suresh Prabhu again raise grave doubts about Prabhu’s suitability and intent as Rail Minister. Suresh Prabhu appears to lack a moral compass and appears not to have an innate sense of right versus wrong.
Some relevant news reports are reproduced below.
I also wish to bring to your notice that while he was a Cabinet Minister in the Vajpayee government, Suresh Prabhu was accepting foreign donations to his NGO Manav Sadhan Vikas Sanstha of which he was and still continues to be Chairman.
In 2002, Suresh Prabhu’s NGO Manav Sadhan Vikas Sanstha received funds from the Ford Foundation which has well-established and acknowledged ties to the CIA and which is known to disburse funds on behalf of the CIA and to further CIA projects. (US Senate/ Congressional records disclose that the CIA played a role in facilitating the Dabhol Power Project.) In 2002, Suresh Prabhu was the Union Power Minister and was involved with the disputes on the corruption-ridden Dabhol power plant. His decisions, positions and actions as Power Minister benefited General Electric Company in the Dabhol disputes.
Seema Sapra
Corruption cases against Alstom, ex-MD may be brought together
Vidya Ram
Company faces 6 charges of corruption relating to contracts in India, Poland
London, November 3:
The former managing director of Alstom Transport India, Robert Hallett, who faces charges of corruption over a contract for the New Delhi Metro, will have his case joined to the main prosecution against the company.
During a hearing at Westminster Magistrates Court on Monday, Hallett was charged with two counts of corruption and the case transferred to Southwark. Appearing for the prosecution, barrister Rachel Scott said Hallett’s case was likely to be brought together with the one against Alstom Network UK, the British subsidiary of the French industrial giant at the heart of the SFO’s investigation.
“These allegations are part of a corporate corruption case brought against the company Alstom Network UK,” said Scott. The company faces six charges of corruption relating to contracts in India, Poland and Tunisia.
Hallett, Alstom Network UK and certain of its directors and others “corruptly” gave or agreed to give payments to “an official or officials or other agents of the Delhi Metro Rail Corporation Ltd,” between August 2000 and 2006, according to the charge sheet against Hallett.
A payment of ₹1.98 crore disguised as payments for a “consultancy agreement” was made to Indo European Ventures Pte, while Global King Technology Ltd was paid €3.13 million under a similar guise. Both were meant to be “inducements or rewards for showing favour to the Alstom Group in relation to the award or performance of a contract with the said Delhi Metro Corporation for a train control, signalling and telecommunications system for the Delhi Metro Phase 1,” the document read. Alongside this charge, described by the prosecution as a “substantive” offense, he also faces charges of conspiracy.
Hallett, who appeared relaxed at the hearing, has remained an employee of Alstom, had been working in Saudi Arabia and agreed to voluntarily return to the UK for the case. He was released on conditional bale, and is set to appear at Southward Crown Court on November 17 for a preliminary hearing.
Scott told the court they hoped that the case against him and Alstom Network UK would be brought together at the plea and management hearing against the company at the end of January. A plea and management hearing is the stage at which where the defendant would have to enter a plea, and it is established whether there is enough information for a trial date to be set.
(This article was published on November 3, 2014)
Printable version | Nov 28, 2014 8:04:45 PM | http://www.
Former Alstom UK manager to be charged with India bribes
Caroline Binham, Legal Correspondent
The first individual to face charges stemming from the UK Serious Fraud Office’s investigation into Alstom, the French industrial group, stands accused of bribing Indian transport officials over a metro contract.
Robert Hallett, a former senior manager for Alstom’s UK subsidiary, faces two counts of corruption brought by the SFO, according to court documents relating to a magistrates’ hearing seen by the Financial Times.
The SFO accuses him of paying the Delhi Metro Rail Corporation €3.1m and 19.9m rupees (€257,000) “as inducements or rewards for showing favour to the Alstom group in relation to the award or performance of a contract”, according to the court list. Individuals at Delhi Metro were not detailed in the document.
Mr Hallett, 51, will appear on Monday in front of Westminster Magistrates’ Court to face charges. James Carlton, a lawyer for Mr Hallett, could not be reached for comment.
Mr Hallett is one of several people, including French and Swiss nationals, to have received warning from the SFO this summer that it intended to charge them as a result of the agency’s five-year probe into Alstom’s dealings, in which the Indian authorities have co-operated.
The individuals had been told by the SFO that because of the complexity of the case the agency would stagger the process of bringing charges, with some proceedings not filed until 2015, people familiar with the case said at the time.
Alstom Network UK, the subsidiary, already faces six counts of conspiracy and corruption brought by the SFO. The agency accuses the industrial conglomerate of paying bribes to officials totalling more than €6m to secure transport contracts in New Delhi, Tunis and Warsaw via sham consultancy agreements.
The next hearing is scheduled for January at Southwark Crown Court. The subsidiary has not entered a plea.
Alstom did not respond to a request seeking comment. The SFO declined to comment.
The charges against Alstom come at a sensitive time for the company, which agreed to sell its power division to General Electric for €12.35bn this year.
The SFO’s investigation is one of several around the world that the group is facing over separate alleged instances of corruption – the most pressing by the US Department of Justice, in which two individuals have pleaded guilty.
GE has said it will accept liability for any fines pertaining to the part of the business it is acquiring.
It is equally a sensitive time for the SFO, amid fresh threats to dismantle the agency from Theresa May, home secretary. The SFO’s director, David Green, has said the plans are not sensible, and come as the agency is undertaking its most demanding workload.
DMRC dealt with Alstom France, not UK: Sreedharan
E Sreedharan said that the DMRC had “nothing to do” with Alstom UK. (Reuters) E Sreedharan said that the DMRC had “nothing to do” with Alstom UK. (Reuters)
Written by Sumegha Gulati | New Delhi | Posted: September 13, 2014 3:10 am | Updated: September 13, 2014 10:43 am
While Urban development minister M Venkaiah Naidu has said the Centre will be approaching the UK government to get more details about the alleged Alstom bribery case, former Delhi Metro Rail Corporation (DMRC) chief, E Sreedharan on Friday told The Indian Express that the corporation had “nothing to do” with Alstom UK.
Britain’s top investigating agency, Serious Fraud Office (SFO) on Tuesday charged the British subsidiary of Alstom — the French rail transport equipment maker — for paying bribes to DMRC officials for winning signalling contracts in phases 1 and 2 of the metro rail network here.
According to Sreedharan, during whose tenure the contracts were awarded, DMRC never did any business with Alstom’s British subsidiary. “This allegation is against Alstom Network, UK. Our contracts were with Alstom France. The two are different companies. We don’t know how our name came up in the whole matter. DMRC makes great headlines for the media, so maybe they are raking up this controversy,” he said.
On two specific cases mentioned in the charges — one, regarding disguised payments made to Singapore-based Indo European Ventures Pte Ltd and, the other made to Hong Kong-based Global King Technology Ltd, Sreedharan responded that he was not aware about the existence and activities of the two firms.
“DMRC had no connection with any such firms. I read their names for the first time a few days ago when news reports mentioned them. I am quite sure DMRC never had any dealings with these companies, nor with Alstom UK,” he added.
DMRC spokesperson Anuj Dayal said that the issue first came to light in February this year. “Since then, DMRC received no information on the allegations or any directions pertaining to these from either the ministry of urban development (MoUD) or any other agency. None of the organisations — MoUD, CBI or any other — ever approached us regarding the issue seeking a probe or assistance in the matter,” Dayal said. Officials in the MoUD confirmed that they will soon request the external affairs ministry to write to the Indian High Commission in London to approach the SFO and get relevant details.
- See more at: http://indianexpress.com/
NEW DELHI, October 8, 2014
Updated: October 8, 2014 03:04 IST
Bribery story doesn’t hold up: Sreedharan
A day after a British court was told that a number of unnamed officials or agents of the Delhi Metro Rail Corporation were involved in a bribery scam, the former DMRC Managing Director, E. Sreedharan, has responded saying that “there are very many tiers, individuals and agencies involved [in the tendering process] and the decision cannot be influenced by bribing one or two individuals.”
Spelling out the procedure by which DMRC floats tenders and finalises the contracts, Dr. Sreedharan said that the Corporation “has a strict policy of not allowing any intermediaries to our office. Tenderers are not allowed to communicate or get in touch with any DMRC officials during tender finalisation.”
He added: “The story does not therefore hold water. If at all bribe has been paid, it must have been to individuals outside DMRC with a view to siphon back the amount to individuals of Alstom network, U.K.”
Dr. Sreedharan said DMRC had a very structured and transparent procedure for finalising all contracts and during the year 2000-2006 it had a team of General Consultants headed by PCI (Pacific Consultants International) of Japan to assist it in all areas. The tender papers were prepared by them, tenders received and processed by them and sent to DMRC for acceptance.
He said: “Tenders are generally considered in two stages. First there is a pre-qualification of intending tenderers. The General Consultants process the pre-qualification papers and send their recommendations to DMRC. DMRC has then an appraisal Committee consisting of HODs who scrutinise these recommendations and put up to a tender committee consisting of Directors. The tender committee puts up their recommendations to the M.D. and after his acceptance papers are sent to JICA, the lending agency, for scrutiny and clearance.”
“The next stage is invitation of financial bids from the pre-qualified tenderers. The same process and procedure is followed while evaluating the financial bids and the same is again sent to JICA for scrutiny and clearances,” he concluded.
DMRC chief Sreedharan submits interim report on railway tendering to Suresh Prabhu
By PTI | 27 Nov, 2014, 10.55PM ISTPost a Comment
After taking over the ministry, Prabhu has constituted the one-man Sreedharan committee to fix accountability in all tendering processes.
After taking over the ministry, Prabhu has constituted the one-man Sreedharan committee to fix accountability in all tendering processes.
NEW DELHI: Suggesting greater delegation of powers to General Managers (GM) and Divisional Railway Managers (DRM), former Delhi Metro Rail Corporation (DMRC) chief E Sreedharan today submitted an interim report to Railway Minister Suresh Prabhu.
"Powers will be delegated to GMs and DRMs for speedy implementation of projects. Hope transparency and merit prevails," Prabhu twitted after submission of the report by Sreedharan.
After taking over the ministry, Prabhu has constituted the one-man Sreedharan committee to fix accountability in all tendering processes.
The interim report, suggesting ways to delegate tendering and commercial powers to General Managers, was received by Prabhu at his office in the Parliament House here.
"My decision not to deal with tenders by Minister moves closer to implementation by Sreedharan submitting report (sic)," Prabhu wrote on social networking site Twitter.
The interim report was to be submitted by Sreedharan within two weeks of the constitution of the committee and the time limit has been adhered to, said a senior Railway Ministry official adding "the final report is expected within three months."
The committee has been tasked to suggest a set of procedures to be followed in tendering processes so that transparency and accountability are ensured.
Emphasis on these dual criteria in the tendering process by the Railway Minister will give a quantum jump to the efficiency, transparency and implementation of railway projects and bring in an overall improvement in the system of working.
It's A Start
By Richard L. Cassin | Sunday, February 1, 2009 at 5:38PM
We've never come across any good news to report about Japan's overseas anticorruption enforcement. Until now, that is. Last Thursday, according to an AFP report, a court in Tokyo convicted three former executives and their consulting company for bribery in Vietnam.
The three men -- Haruo Sakashita, 62, Kunio Takasu, 66, and Tsuneo Sakano, 59, all former executives of Tokyo-based Pacific Consultants International, or PCI -- admitted bribing a senior Vietnamese government official to secure contracts for road projects backed by Japanese aid money. The Japanese press said the former PCI executives admitted paying $820,000 in bribes to Huynh Ngoc Sy, who was then the Ho Chi Minh City senior transport official named in the Tokyo trial. Prosecutors said PCI had promised Sy a total of $2.6 million for awarding consulting contracts to the firm in connection with road projects in Vietnam financed by Japan's Official Development Assistance program. The scandal caused by the case resulted in Japan's suspending all aid loans to Vietnam.
"The crime was devious, organized and calculated. PCI systematically supplied cash to foreign government employees with the agreement of the top cadre," said the Tokyo District Court judge. "This has inevitably led to a loss of confidence in our country's Official Development Assistance activities, and the result is serious," he said.
Despite his tough talk, the judge suspended the ¥70 million ($780,000) fine he imposed on the defendants and didn't sentence the men to any prison time. AFP said in its report, "Japanese courts often spare prison time, particularly for white-collar crime, if the accused admit the allegations."
Japan is among the 37 countries that have joined the OECD Convention on Combating the Bribery of Foreign Public Officials in International Business Transactions. But along with the United Kingdom, Japan comes in for regular criticism from the OECD for failing to prosecute overseas bribery. In this case, we suspect the Japanese government was forced to act because tax-payer funded foreign aid was involved.
The FCPA Blog Copyright © 2007 - 2014 by Richard L. Cassin and Oil Patch
- See more at: http://www.fcpablog.com/blog/
Saturday, January 31, 2009
Three Japanese execs convicted in Vietnam bribery scandal
A Japanese court on Thursday convicted three executives of a consultancy firm for bribery and slapped a fine on the firm involved in a scandal that led Tokyo to temporarily suspend aid loans to Vietnam last month.
The former executives of Tokyo-based Pacific Consultants International (PCI) admitted to bribing a senior Vietnamese official to secure contracts for road projects backed by Japanese aid money.
"The crime was devious, organized, and calculated. PCI systematically supplied cash to foreign government employees with the agreement of the top cadre," Tokyo District Court presiding judge Toshihiko Sonohara was cited by AFP as saying.
"The defendants could undermine the trust in our country's official development assistance (ODA) projects because they padded bills for contracts so they could use the extra revenue to hand out bribes," Japanese The Daily Yomiuri newspaper quoted Sonohara as saying.
The court convicted former senior employees Haruo Sakashita, 62, Kunio Takasu, 66, and Tsuneo Sakano, 59 of violating the Unfair Competition Prevention Law, which bans bribing foreign government officials.
Sakashita was sentenced to two years in prison, Takasu to 20 months and Sakano to 18 months, all suspended for three years.
The court also imposed a fine of 70 million yen (US$774,000) on the company.
Former PCI President Masayoshi Taga, 63, was also indicted, but he is being tried in a separate bribery trial.
Last December, Vietnam’s Ministry of Public Security had announced an investigation into allegations that PCI executives had bribed Huynh Ngoc Si, who was overseeing the East-West Highway Project, Ho Chi Minh City’s biggest infrastructure project.
The HCMC government last November suspended Si from his position as project head and deputy director of the HCMC Department of Transport. Si allegedly accepted bribes of US$820,000 in 2003 and 2006 from PCI executives in exchange for helping the company win the consulting contract for the project, funded by Japanese official development assistance (ODA), according to Japanese media reports.
At the World Bank Consultative Group meeting in Hanoi on December 4, Japan said it would suspend ODA loans to Vietnam pending further investigations into the case.
Investigations by Japanese authorities will continue after the Japanese court case wraps up, Japanese Ambassador Mitsuo Sakaba told Thanh Nien earlier this month.
He said the Japanese and Vietnamese governments were also working on resuming ODA assistance for Vietnam. The Japanese government is developing new consulting contract selection procedures to avoid a repeat of the bribery scandal in the future, he said.
Japanese Crown Prince Naruhito is scheduled to pay a week-long visit to Vietnam next month to promote further strengthening of bilateral ties.
Naruhito’s first trip to Vietnam marks the 35th anniversary of the establishment of diplomatic relations between the two countries.
Source: TN, Agencies
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