Settlements

ST-114
CBRN Ltd. / Ananias Tumukunde
CBRN Ltd.
United Kingdom
Crown Prosecution Service
Uganda
2008
09/21
Unknown
Individual
Criminal
Guilty Plea
Criminal Restitution
$96,682.00
$0
$96,682
$73,242
Restitution to Uganda
Art.16
Art. 1
Receipt of corrupt funds; money laundering
Receipt of Bribery
Yes
According to the UK's Self-Assessment related to the United Nations Convention against Corruption, "R v Tumokunde & Tobiasen - Tumukunde, from Uganda advised his government on science and technology. In May 2007 he signed a contract worth £210,000 with British company CBRN Ltd, for CBRN to supply services to the government for a forthcoming Commonwealth visit by heads of state. Following the agreement, Tumukunde approached CBRN Managing Director, Niels Tobiasen, claiming that he would need to make additional payments via Tumukunde to meet a local tax of 10%. Tobiasen agreed and a total of six payments worth over £83,000 were made to both Tumukunde and another Ugandan, Rusoke Tagaswire between 1 June 2007 and 1 February 2008. Tumukunde and Tagaswire recorded the money as being paid to them as agents of the Ugandan government working on the contract, when in fact they were inducements going directly into two bank accounts Tumukunde had opened in his own name in the UK. Tumukunde was charged with four counts of money laundering and sentenced to 12 months in prison on 22nd September 2008. Niels Tobiasen pleaded guilty to making corrupt payments and given a suspended sentence after cooperating fully with police enquiries. It is currently estimated that up to £40,000 of the monies will be repatriated to the Government of Uganda." (Source: United Kingdom, "Self-assessment checklist on the implementation of the United Nations Convention against Corruption," September 2008, at www.dfid.gov.uk.) According to the Norton Rose law firm Case Study cited in the July 13, 2011 United Kingdom's UNCAC Self-Assessment Report, the London Police received information of Tumukunde's plans to travel to the UK and Tumukunde was arrested by Scotland Yard at Heathrow Airport. (Tobiasen later pleaded guilty to making corrupt payments to Tobiasen. On September 22, 2008, Tumukunde pleaded guilty, before His Honour Judge Wadsworth in the Southwark Crown Court to accepting corrupt payments and was sentenced to 12 months' imprisonment; he also signed a disclaimer releasing the GBP 52,800 from his bank account into the custody of the City of London Police for restitution. (Sources: Norton Rose (law firm), "Case Study: CBRN Team Ltd (non-FCPA)"; City of London Police Statement, "Guilty plea to bribery sets legal landmark," July 27, 2010.) Source:Vhttp://www.nortonrose.com/expertise/business-ethics-and-anti-corruption/business-ethics-and-anti-corruption-case-study-cbrn-team-ltd-non-fcpa-18410.as