Economic Crime leave Wednesday presented its criminal plea Yara case in the Oslo District Court.
Former CEO Thorlef beds and the other defendants were clearly nervous Seriously, when the prosecutor put forward his claim penalties.
– Most serious corruption case
– The penalty for gross corruption are ten years in prison. Three of the defendants are talking about two cases of serious corruption. There is no doubt that the conditions in this case are serious, says chief public prosecutor Marianne Djupesland in Økokrim.
She let down following allegations:
- Kendrick Wallace, former legal director – imprisonment for seven years
- Daniel Clauw, former konserndirrektør – prison for six years
- Enger, former CEO – prison for six years
- Tor Holba, former executive vice president – three years imprisonment
– This case is the most serious corruption case we have had in Norway so far. Both the nature of corruption and amount of the warrant, says the chief public prosecutor.
All four deny guilt.
When it comes to Libya relationship we know that Ken Wallace was the one who performed payment, while Daniel Clauw assisted in the efforts to keep it hidden. Tor Holba was in its capacity as project owner whoever was closest to put your foot down, saying Djupesland.
He said that Wallace should be judged stricter than the others because he was most active in making the specific agreements .
– Thorleif Enger promptings probably crucial
– When it comes Enger there is no doubt he has not had direct knowledge about specific payments and meetings. But he has endorsed this, and it is very rough. He had all the powers relating to the daily operations. He had as a senior special responsibility to send a signal to their closest employees.
– Engers promptings was probably crucial for the corruption took place, says Djupesland.
She said that although bribes happened abroad and not in Norway, the sanction be equally strict.
The prosecutor says that bribes happened to senior government officials, and that it should be emphasized in aggravating direction. Shukri Ghanem sat very close the peaks of power, in Ghadaffi regime.
– Payments so well hidden that not even God could not find them
– It is sad in this case is that the decision to commit bribery, is that they are rooted in the company’s top management. The CEO has thus abused the trust that the Board and the shareholders have shown him.
She says that there are a handful of the company’s corporate officers who have been responsible for corruption, and that the payments have been very well hidden in the books.
– I think that Ken Wallace have their words intact when he said that the payments were so well hidden that not even God could find them, says Djupesland.
She asks the court to assume that there was talk of bribes totaling $ 7.5 million, equivalent to over 60 million. Økokrim believes $ 4.5 million was offered bribes in Libya, while $ 1.5 million was actually disbursed.
The corresponding amount when it comes to India, was three million US dollars, of which one million was paid.
– Especially in Libya relationship was demonstrated considerable ingenuity to keep payments hidden. This court should emphasize the sentencing, said Djupesland.
The defendants are former chief executive, Enger, former Chief Operating Officer and Deputy CEO, Daniel Clauw, former legal director, Kendrick Wallace, and former Executive Director of Upstream Tor Holba.
$ 1,500,000 shall unlawfully been paid in connection with the construction of a fertilizer factory in Libya, while one million US dollars allegedly paid unlawfully to secure a contract in India. Holba is only charged with Libya relationship.
Økokrim has sent letters rogatory to twelve countries in the case.
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