Arms firm pays out £300m after long-running Guardian investigation


David Leigh and Rob Evans
The Guardian, Saturday 6 February 2010
Article history

A BAE Eurofighter Typhoon. The SFO has charged a former agent of the
arms giant with conspiring to make corrupt payments to promote the
sale of its fighter jets. Photograph: Carl De Souza/AFP

The arms giant BAE yesterday agreed to pay out almost £300m in
penalties, as it finally admitted guilt over its worldwide conduct, in
the face of long-running corruption investigations.

For 20 years, the firm refused to accept any wrongdoing, despite
mounting evidence of alleged bribes and kickbacks, much of it
uncovered by the Guardian.

But BAE yesterday said it would plead guilty to charges of false
accounting and making misleading statements, in simultaneous
settlement deals with the Serious Fraud Office in the UK and the
department of justice in Washington.

The admissions in the US covered BAE's huge £43bn al-Yamamah fighter
plane sales to Saudi Arabia and smaller deals in the Czech Republic
and elsewhere in central Europe. In the UK, the admissions cover a
highly controversial sale of a military radar to poverty-stricken
Tanzania, which the development secretary Clare Short said at the time
"stank" of corruption, but which the then prime minister, Tony Blair,
forced through the cabinet.

The Serious Fraud Office said in its announcement yesterday that some
of the £30m penalty BAE was to hand over in the UK would be "an ex
gratia payment for the benefit of the people of Tanzania".

Another $400m (£257m) would be paid in penalties to the US
authorities. BAE will not face international blacklisting from future
contracts, because it has only admitted false accounting, not bribery.

MPs admitted to mixed feelings about BAE's admission and are still
furious that the SFO's own extensive inquiry into the al-Yamamah deal
was shut down in 2006, following pressure from the firm and from Saudi
officials, who reportedly threatened to withdraw co-operation over
security matters. The then attorney general, Lord Goldsmith, cited
national security when he announced the inquiry was being abandoned.
Blair said he took full responsibility for the decision.

The Liberal Democrats' deputy leader, Vince Cable, said last night
that BAE ­Systems had succeeded in ensuring that key details of its
arms deals would remain hidden. "The one positive thing is we have now
had an acknowledgement from BAE Systems that unacceptable practices
were being conducted. But nobody has been brought to account." He
added: "The British government was up to its neck in this whole
business. Government ministers were almost certainly fully aware of
what was happening."

The former Labour minister Peter ­Kilfoyle said: "I certainly think
there is now an argument to be made for an ­independent judicial
inquiry into the whole affair. This raises serious questions on what
[Blair's] motivation was in intervening in the [al-Yamamah
investigation in the UK] and what influences were brought to bear on
him."

Richard Alderman, director of the SFO, called the pioneering deal
"pragmatic". It later emerged that the only prosecution of an
individual by the SFO – Count Alfons Mensdorff-Pouilly – was being
dropped. Alderman added: "This brings to an end the SFO's
investigations into BAE's defence contracts."

In Washington, the deputy attorney general, Larry Grindler, was more
pointed. "Any company conducting business with the US that profits
through false statements will be held accountable," he said. "The
alleged illegal conduct undermined US efforts to ensure that
corruption has no place in international trade."

Britain had previously been subject to condemnation at the OECD after
Blair intervened to halt the British investigation into allegations of
Saudi corruption.

Yesterday's announcement in Washington focused on BAE's acceptance of
guilt of the Saudi deals, and described secret shell offshore
companies for making covert payments, and specific payments into a
Saudi intermediary's Swiss account. It also identified £19m secretly
paid to lubricate Czech and Hungarian weapons deals. BAE admitted
writing an untrue letter to US authorities in 2000, denying it was
paying any secret commissions.

Yesterday's statement said BAE was now free of threats of corporate
prosecution. BAE said the deal "draws a line under the past", and it
regretted what it called "the lack of rigor in the past".

A government spokesman said last night: "It's right that these
historical allegations have been addressed."

But two anti-corruption campaigners – Sue Hawley of the Cornerhouse
NGO, and the former South African ANC MP Andrew Feinstein – said they
reacted to the deal, under which no trials will take place, with
"dismay". They said it "betrays the people of Tanzania, South Africa,
the Czech Republic and Romania, who have the right to know the truth
about corruption in their countries perpetrated by British and other
companies. It … sends the message that large enough corporations are
able to pay their way out of trouble."

--
"In the beginning, there was nothing. And God said, 'Let there be
Light.' And there was still nothing, but you could see a bit better."


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