Monday begins the trial against former CEO Thorleif Enger and they retired executive directors Tor Holba, Kendrick Wallace and Daniel Clauw. None of them acknowledge guilt.
Oslo District Court will spend three months in the case.
– The indictment concerning serious relationship with bribery of senior officials abroad. We believe we could show that the decision to use bribes were rooted in top management in Yara, says prosecutor and the first lawyer Marianne Djupesland in Økokrim.
Yara agreed last one korrupsjonsbot of nearly 295 million, after acknowledged bribes over 70 million. This was the largest fine ever given to a Norwegian company.
In the trial starting Monday, Økokrim has called in 40 witnesses. The defendant defenders called in 17 witnesses. Witness list is full of CEOs and also the son of Muammar Gadaffis former oil minister will testify:
– There are set of twelve weeks treatment which is relatively long lasting. The four defendants to testify, a number of witnesses shall elucidate the matter and it is much written material to go through. What characterizes this case is that the charge applies bribes abroad at high level, and it has demanded international investigation of gathering information from many countries.
Facts about corruption case
- Yara is the world’s largest supplier of mineral fertilizers with over 7,600 employees and operations in more than 50 countries.
- In April 2011, notified Yara Økokrim possible corruption related to a project in Libya.
- In January 2014 was Yara fined 295 million to the IRS for gross corruption in Libya, India and Russia, which was duly accepted. Yara has acknowledged bribes over 70 million.
- Four people who were the executive when the corruption happened, among them former CEO Thorleif Enger, is charged because Økokrim believes the bribes were rooted in corporate management.
- Corruption trial against the four starts in Oslo District Court on 5 January. It is set of 48 days to the case.
Source: NTB
Bribery in Libya
According to the indictment, Yara have agreed to pay $ 5 million to the son of the oil minister in Muammar Gaddafi’s regime in Libya. Yara negotiated when on common fertilizer production with a state-owned, Libyan oil company.
Agreement shall have been signed by Wallace. Enger, Clauw and Holba endorsed, according to the indictment. $ 1.5 million should have been paid to an account that the son of oil minister outlined in Switzerland via another company.
payment was according to the indictment concealed through over-invoicing of several ammonia deliveries between company and a Yara owned company in Switzerland.
Fertilizer Project in India
Yara will also have agreed to pay at least $ 3,000,000 to the son of a senior Indian official. Yara negotiated when about a joint project with an Indian fertilizer company that was controlled by the Ministry where the officer worked.
According to the indictment, it was Wallace and Clauw that came with the offer of bribes on behalf of the Norwegian company.
In October 2007 $ 1 million paid to his son via companies and accounts in Liberia, Hong Kong and the Virgin Islands.
Also available is indicted for corruption India, while Holba just been indicted for the case in Libya.
King in Council
To withdraw charges against Clauw, which is French citizen and not lived in Norway when violations have occurred, had the charges approved by the King. It was the first time Økokrim has requested such approval.
– Clauw contesting the charges and says he has not been doing illegal business practices. He is going to appear in court and be in Norway as long as the trial lasts, says defender Fredrik Berg Daniel Clauw.
Berg stating that Clauw has called four witnesses which consists of ” some colleagues and business “- all foreign.
Nine witnesses Fields
Nine witnesses will speak in Thorleif Enger preheater. Defender Ellen holographi Andenes says that they are all Norwegian:
– All the witnesses to testify about his knowledge of the beds as a person and leader. Beds are not guilty of the accusations against him, and the only way to defend Enger is to tell what kind of man he is, says Andenes.
Among those who are called to testify for Enger is Myklebust who was director general of the Norwegian Hydro between 1991 and 2001 which later was chairman until 2004. Yara was demerged from Hydro and listed as a separate company in 2004.
Of the nine witnesses has most sat on boards or had leadership roles in Norwegian Hydro or Yara.
Notifier
Enger, Wallace and Clauw is indicted for serious corruption related to transactions in India and Libya, while Holba only accused of factors that prosecutors believe has happened in connection with fertilizer giant Libya business.
– Tor Holba are clearly disappointed indictment. He is the one who brought this matter to light by notifying management when he was an unacceptable demands. Holba is very clear that he is not guilty of these charges. That it is him who is the whistleblower, will naturally be a key part in the defense, says defender Astri Aas-Hansen.
It has not succeeded in E24 to get in touch with Wallaces’ defender. Prosecutor Djupesland says she has information that suggests that Wallace will not appear in court.
DE four defendants
Daniel Clauw
French businessman and self-employed
Educated in chemistry, physics and finance
Served as Deputy Yara. director from 2004 to 2006. From 2006 to 2007 he was hired as a consultant in the company.
In connection with stock option scandal in Norwegian Hydro in 2007 it became known that Clauw was by far the best paid manager in the company, not least through option agreements. In 2007 his option contracts worth over 40 million.
Clauw considered together with Enger and be one of the architects behind Yara rapid and major global growth.
He is now retired lawyer says Fredrik Berg.
Charged gross corruption linked to conditions in Libya and India.
Recognizing not guilt.
Kendrick Taylor Wallace
American lawyer, now residing in Florida.
Was legal director of Norwegian Hydro North and South America.
Went over to Yara when the company was spun out of Hydro. There he worked as legal director and set in corporate management from 2004 to the summer of 2008.
He has since retired.
Charged gross corruption linked to conditions in Libya and India.
Recognizing not guilt.
Enger (b.1943)
Norwegian industry peak
Graduate engineer from the University of Colorado
Yara President of separation of Hydro in 2004 to fall 2008. Worked in Hydro 1973.
Has since he resigned from Yara had several directorships in Norwegian industry, including as Telenor Chairman.
Charged gross corruption linked to conditions in Libya and India.
Recognizing not guilt.
Tor Holba (f.1956 )
Norwegian businessman and CEO of Yara
Education as an engineer from NTH
Extensive experience from Hydro and Yara. Was in the period 2003 to 2006 Director of the Company’s downstream activities, before the period 2006 to 2012 was director of upstream operations.
Holba worked still Yara when he was charged in the case, but was out of corporate management. He is laid off indefinitely.
Charged gross corruption linked to conditions in Libya.
Recognizing not guilt.
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