The acceptance orgiving of bribes is
intended for a person to do something
related to his official duties.
CORRUPTION
5.
CORRUPTION
Not only involvingthe offence of giving and
receiving bribes.
corruption offences based on
MACC Act 2009
4
6.
Asking /
Accepting bribes
S.16(a)and 17(a) MACC
Act 2009
False claims
S.18 MACC Act 2009
Abuse of power
by public
officials
S.23 MACC Act 2009
Offer Bribes /
Give Bribes
S.17(b) MACC Act 2009
Malaysian Anti-Corruption Commission Act 2009
7.
Any person whoasks for or
accepts a bribe in return for
doing or not doing
something.
Asking or
accepting bribes
1
8.
IPOH, 30 March2022 - A policeman was fined RM1,500 (or
one-month imprisonment) after pleading guilty in the Ipoh
Sessions Court, Perak, to the optional charge of accepting a
bribe of RM200 from a man.
A bribe was offered in return for not taking action against a
man and his partner who were arrested on 30 September
2019 for being together in a close and secluded
environment in a suspicious manner.
The 29-year-old policeman was alleged to have committed
the offence between approximately 12.30 and 12.45 in the
afternoon behind the building of a restaurant in Taman Fair
Park in Kinta district on 5 January 2020.
Accepting a bribe of RM200 to release an
unmarried couple, a fine of RM1,500
9.
Airplane ticket bribery,Deputy
Director of PUTRAJAYA
Corporation jailed
• Received a return plane ticket from Kuala
Lumpur to London worth RM3,022 from a
contractor.
• Corruption - in return for giving the
maintenance project of Taman Putra
Perdana, Putrajaya worth RM3,521,894.48
to the contractor involved.
• March 28, 2012 - He was sentenced to 2
years in prison and fined RM15,110.
10.
The first SyariahHigh
Court JUDGE was
jailed for corruption • PUTRAJAYA, 24 June 2015 - The Court of
Appeal ordered the former Judge of the
Perak Syariah High Court to serve a 6-year
prison sentence for seven corruption
offences. He was also fined RM210,000 (or
42 months imprisonment).
• He received a bribe of RM13,000 for the
purpose of:
1. as a reward for reducing the
punishment of syariah offenders and
releasing the court bail; and
2. approve polygamy applications.
11.
• IPOH, 3July 2014 - The court sentenced a
Mathematics lecturer to one day imprisonment
and a fine of RM25,000 after being found guilty of
5 counts of corruption.
• He received a total of RM1,130 in bribes to
improve the grades of two of his students for
Mathematics and Statistics subjects in 2011 and
2012.
Mathematics LECTURER accepts
bribes, improves grades
12.
• SHAH ALAM,6 February 2017 - A
headmaster was sentenced to 8 months
imprisonment after being found guilty of 2
charges of corruption.
• He received RM4,400 from a canteen
operator.
• The offences were performed on January
30 and October 2014.
• Bribes aims to obtain a letter of support to
extend the canteen contract at his school.
• Section 165 of the Penal Code
THE HEADMASTER
asks for a bribe from
the canteen operator
13.
• 15 April2018 - A sales executive
received a bribe of RM11,000 from an
individual
• As a reward for obtaining a Bachelor of
Business Administration degree at
Multimedia University (MMU) without
following the correct learning process.
• 7 May 2019 - The court sentenced him
to 2 years imprisonment and a fine of
RM55,000 (or 1 year imprisonment).
Imprisoned for selling a DEGREE
14.
Any person whooffers or gives a
bribe to an agent / public official in
return for doing something related to
his/her official duty.
Offer or give bribe
2
15.
Bribe to CHANGE
urineSAMPLE to tap
water
• KUALA LUMPUR, 19 February 2018 - A
supplier of machine and machinery spare parts
was sentenced to one-month of imprisonment
and fined RM10,000.
• He had bribed police officers with RM1,100
during a raid at an entertainment centre.
• Accused – positive for Meth gave bribes to
police officers so that they:
a. did not take his urine sample, and
b. Change the urine to tap water to put in the
urine bottle.
• The offence was committed on 31 January
2018, at 1.30 am at Meridian Entertainment
Centre, Cheras.
16.
• IPOH, 19August - A construction
contractor was sentenced to three
months imprisonment and a fine of
RM15,000 (or five months imprisonment)
for corruption.
• He was accused of giving a bribe of
RM3,000 to the Ipoh Land and Mines
Office (PTG) enforcers so that they would
not take action against his company that
produced stone without a permit.
A CONTRACTOR who gave a
bribe was jailed for 3 months
17.
• KUCHING, 9August 2016 - A businessman
was sentenced to 1 day in jail and fined
RM10,000.
• The offence of giving a bribe of RM610 to a
Senior Immigration Officer.
• As an incentive not to take action against
him because there was no valid work permit
(Section 55B(1) Immigration Act 1959/63).
BUSINESSMAN gives bribes to
avoid being caught by Immigration
18.
Bribery RM50, youthfined
RM500
• SUNGAI PETANI, 16 February 2009: For trying to bribe a
policeman, a young man was fined RM500 by the Sungai
Petani Sessions Court.
• The young man, 30 years old, pleaded guilty to trying to
bribe a policeman with RM50 in Baling town on 13
September 2006 so that he would not take legal action
against him for riding a motorcycle without a license.
False claims
3
Any personuses/submits a claim
document containing false details
with the intention to defraud his
office.
21.
EXAMPLE 1: Mr.A is an employee at organisation X. Mr
A made a demand for overtime work to his employer
when the work was not carried out.
EXAMPLE 2: Mr. A has been ordered to work outside the
area. Mr. A lives at his friend's house. Finished the task,
Mr. A purchased Y's hotel receipt to enable him to make
and present a claim to the employer.
EXAMPLE 3: Mr. A has purchased a sick leave certificate
at Z's clinic to allow him to be absent from the office. The
sick leave certificate was submitted to the employer.
EXAMPLE 4: Mr. A has certified the supply of spare parts
for printing machines, while the supply of spare parts has
not been carried out.
EXAMPLES OF OFFENCES
22.
• A contractorwas prosecuted in the
Butterworth Sessions Court for demanding
payment for the construction of a 405 meter
fence worth RM11,323.80.
• The actual size of the fence that was built is
162.2 meters.
• 7 October 2011 - JKR Contractors and
Technicians were found guilty. Each was
sentenced to 4 years imprisonment and a
fine of RM144,709.65.
False claims:
JKR CONTRACTOR, TECHNICIAN jailed
23.
• A universitydean certified the supply of
Multi Joint 2 AP equipment costing
RM138,600.
• In fact, the actual equipment sent is Multi
Hip which only costs RM27,965.
• January 30, 2012 - Sentenced to one year
imprisonment and fined RM10,000.
THE DEAN was sentenced to prison
24.
• Two seniorofficers of YPM have certified 9
Programmes for Excellence in Knowledge
and Personality of Students for the Perak
Department of Education, but the
programmes have not been implemented.
• Each certified programme is worth
RM33,850 with a total of RM304,650.
• September 6, 2013 - YPM CEO pleads
guilty. He was sentenced to 1 day in jail and
fined RM300,000.
The MANAGER and CEO
of the MARA Education
Foundation conspired to
make false claims
25.
• 22 September2016 - The Branch Manager of
Cisco Security (M) Sdn Bhd was accused of
making false salary and overtime allowance
claims amounting to RM40,021.24.
• False claims were made in the name of
individuals who have never actually worked
for the company.
• The claim period is from 1 January 2012 to 31
December 2012.
• The accused pleaded guilty and was
sentenced to 18 months imprisonment and a
fine of RM200,106.
Claiming workers' wages
THAT DO NOT EXIST
26.
• The SeniorGeneral Manager of Malaysia
Airports Holdings Berhad (MAHB) pleaded
guilty to 3 charges of submitting false claims
amounting to RM15,580.
• The accused demanded payment for the use
of a credit card for official MAHB purposes.
• Actually, the expenses are related to skin
beauty treatment and body slimming for him.
• 4 January 2018 - The court sentenced a fine
amounting to RM46,800.
False claims for self
BEAUTY treatments
27.
• November 3,2009 - ADUN Teratai and his
assistant have submitted 7 false claims
regarding people-friendly programmes in
conjunction with Chinese New Year and
Thaipusam celebrations.
• Actually, those programmes were never
organised.
• The assemblyman and his assistant were found
guilty. They were sentenced to 2 years
imprisonment and fined RM50,000 for each
charge.
• November 29, 2016 - The Court of Appeal
upheld the conviction.
Misappropriation of the ADUN’s allocation
28.
Abuse of powerby
officers in public bodies
4
An officer in a public body uses his
position in making decisions or taking
any action regarding a matter in which
he, his relatives or associates have an
interest.
29.
EXAMPLE 1:
The departmenthead approves the
project for his son's company.
EXAMPLE 2:
The project director was involved in
making a tender selection decision for
a company owned by his younger
brother.
EXAMPLES
OF
OFFENCES
30.
• 9 January2017 - A husband and wife
working as lecturers at a community
college in Kedah were found guilty of
abuse of power.
• The wife prepared a Government Order
for the supply of electrical equipment
spare parts worth RM34,250.25 to her
sister's company.
• Her husband, on the other hand, certified
the Government Order.
Punishment for the husband - 1 day in
jail and a fine of RM170,251.25
Punishment for wife - good behaviour
for 3 years with one surety.
LECTURERS –
husband and wife
guilty of abuse of
power
31.
• GEORGETOWN, 26July 2016 – A government
official in Penang was charged for abuse of power
around 2013.
• The accused has certified payment vouchers worth
RM26,162.50 to Company XXX Enterprise for the
supply of lab coats to school assistants throughout
Penang.
• The accused was found to have an interest in the
company.
• The accused is also alleged to have received
RM24,656 from an individual who has an official
relationship with him.
• 11 July 2019 - The High Court upheld the 4-year
prison sentence and a fine of RM130,812.50.
Misusing the authority to
supply lab coats: JPN
officials jailed for 4 years
32.
• The principalof a school in Selangor was
charged with abuse of power.
• The accused has chosen his own
company to supply:
1. teaching aids totaling RM2,091.65
2. equipment and stationery amounting to
RM4,500
• 27 July 2017 - He was sentenced to 9
months imprisonment and fined
RM40,500.
PRINCIPAL appoints
the Company himself
33.
KM uses absolutepower to
appoint a family company
• January 5, 1991 - The Chief Minister of a state is
accused of abusing his absolute power.
• He approved a development project in a district
worth almost RM1.5 million to a company owned
by his two brothers-in-law.
• He was found guilty and fined RM1,800.
34.
• 31 May1997 - The accused was charged for
being involved in the Exco meeting that
approved the land application to Syarikat xxx
Sdn. Bhd. for fisheries projects.
• Actually, the company belongs to the accused,
but uses the name of another person (proxy).
• He earned RM500,000 when the company's
shares and land given by the government
were sold.
• The accused was imprisoned for 2 years and
fined RM20,000.
The EXCO was involved in the meeting to approve the
land to own company
35.
If your familymember
applies for a project
where you work, what
should you do?
36.
PRISON not morethan
20 years; AND
BRIBERY: IF GUILTY…
FINE 5 times the value of the
bribe, or RM10,000, whichever is
higher.
CONTENT 2015 20162017 2018 2019 2020
SEIZE RM22.27 mil RM306.15 mil RM353.06 mil RM2,709.41 mil RM60.83 mil RM999.38 mil
FORFEITURE RM3.94 mil RM4.95 mil RM48.56 mil RM37.66 mil RM1.285 bil RM14.332 bil
STATISTICS OF SEIZE AND FORFEITURE BY MACC
2015 - 2020
PRISON for notmore than
15 years; AND
FINE 5 times the value of proceeds
from illegal activities or RM5 million,
whichever is higher.
Section 4(1)
AMLATFPUAA 2001
If convicted
of money
laundering
DO NOT everaccept gifts /
valuables from contractors /
suppliers who deal officially with
you.
Reminder
to
public
servants!
44.
Offence of
receiving agift
by a public
servant
Section 165 of the Penal Code
Civil servants receive things of
value without proper
consideration from parties who
have official dealings with them.
Punishment
Imprisonment for 2 years or a
fine or both.
45.
The value ofthe
gift is not
commensurate
with the meaning
of the gift given
A gift
becomes a BRIBEwhen…
Giving a gift affects
the decision that will
be made by the
recipient
The giver and
receiver of the gift
have a formal
relationship
1 2 3
Service Circular Number 3 of 1998
Asking /
Accepting bribes
S.16(a)and 17(a) MACC
Act 2009
False claims
S.18 MACC Act 2009
Misuse of
authority by
public officers
S.23 MACC Act 2009
Offer Bribes /
Give Bribes
S.17(b) MACC Act 2009
Malaysian Anti-Corruption
Commission Act 2009
4 The main offence of corruption is based on
Kamarul is asupplier of office supplies. Kamarul is a close friend of Dato' Ajis, Director
of the Administration Division in a government department. Kamarul supplies a lot of
office equipment in Dato' Ajis' department.
One day, while Kamarul was having lunch with Dato' Ajis at the PJ Hilton Hotel, Dato'
Ajis informed about his wife's desire to travel to London. However, he did not have
enough money to go there.
Two days later, Kamarul contacted Dato' Ajis and offered 2 tickets to London.
According to Kamarul, the ticket was a gift as a friend to Dato' Ajis. Kamarul also gave
RM5,000 pocket money to Dato' Ajis. Dato' Ajis received the gift from Kamarul and
went on holiday with his wife in London.
Discuss
1. What wrongdoing has Dato' Ajis done?
2. What action should be taken by Dato' Ajis?
Discussion - Case Study 1
50.
Sarip is theHead of Department in a government department xxx. His department would
like to purchase souvenirs for the programme with the Minister. The xxx government
department has invited several companies to submit quotations.
A total of 5 companies submitted quotations as follows:
• RAWI Sdn. Bhd. RM95,000
• Cikedi Enterprise RM103,000
• Dorayaki Sedap Sdn. Bhd. RM90,900
• LA LA LA Sdn. Bhd. RM88,900
• Sukhati Sdn. Bhd. RM100,500
Sarip chaired the meeting to select the eligible companies. The meeting has chosen the
company LA LA LA Sdn. Bhd. for offering the lowest price. Actually, the company is owned
by Sarip's wife Rahimah.
Discuss
1. Is there any corruption offence that has been committed by Sarip?
2. What action should be taken by Sarip?
3. The effect of Sarip's actions?
Discussion - Case Study 2
51.
Razid, a lecturerat Kolej Ehsan is a person who practices corruption. He asked for
bribes from his students who wanted to get excellent grades in exams.
Bribes are accepted in the form of ringgit money and other valuable items such as
travel tickets, hampers, gifts and so on.
Razid owns houses, cars, luxury items as a result of corruption.
Discuss
What are the short and long term effects / implications of his actions?
Discussion - Case Study 3
#2 LECTURER’S GUIDE.
Lecturer explains:
the general term of corruption
corruption offences based on MACC Act 2009
Examples of actual corruption cases.
Corruption offences are not only giving and accepting bribes.
Corruption is also categorised as a serious crime in this country.
#3 LECTURER’S GUIDE.
The definition of corruption has been explained in Module 3. As a revision, the lecturer can clarify a few definitions of corruption by some global organisations.
The World Bank – The abuse of public office for private gain.
United Nations Development Programme (UNDP) – Misuse of public power, office or authority for private benefit through bribery, extortion, influence-peddling, nepotism, speed money or embezzlement.
Transparency International (TI) – Misused of entrusted power for private gain. It hurts everyone who depends on the integrity of people in a position of authority.
Transparency International (TI), United Kingdom – gives a definition of bribery. Divide the bribery into two, namely:
Active bribery – the offering or paying of the bribe.
Passive bribery – the receiving of the bribe.
#4 LECTURER’S GUIDE.
The lecturer explains the definition of corruption which is an offence based on the MACC Act 2009.
The lecturer also explains the term corruption understood by society.
#5 LECTURER’S GUIDE.
(continuation…)
Loan –gives a loan to a university laboratory administrator (lack of funds) provided he certifies receiving imperfect equipment.
Discount – A, owner of a luxury car distributor company, gives a 75% discount on a BMW car to B, a law enforcement officer. The extreme discount is given so that B will not take any action on A, who is being investigated for his involvement in drug dealing.
Position—A, a manager at a company, offers a promotion to his accountant so that the accountant will not inform the police about him embezzling company funds.
The lecturer also explains other corruption that include false claims, misconduct and abuse of position.
#6 LECTUERER’S GUIDE.
Based on the MACC Act 2009, there are 4 main corruption offences.
The next slide will explain 4 main corruption offences together with examples of actual cases for educational purposes.
#7 LECTURER’S GUIDE.
With reference to Section 16(a) and 17(a) of MACC Act 2009, this offence is also known as ‘passive bribery.’
Anyone can commit the offence (public and private sectors, NGOs, politicians, etc.).
Nevertheless, these offences are often committed by public officials and those with power.
#8 LECTURER’S GUIDE.
EXAMPLE OF CASES OF ASKING OR RECEIVING A BRIBE.
#9 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ASKING OR RECEIVING A BRIBE.
#10 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ASKING OR RECEIVING A BRIBE.
The case of a former Perak Syariah High Court Judge, Basuri @Haji Hassan Basri bin Markum.
The details of this case can be found in the book “ Jerung Dalam Jaring Kami” (2013).
#11 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ASKING OR RECEIVING BRIBE.
#12 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ASKING OR RECEIVING A BRIBE.
#13 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ASKING OR RECEIVING A BRIBE.
#14 LECTURER’S GUIDE.
With reference to Section 16(a) and 17 (a) of the MACC Act 2009, this offence is also known as “active bribery”.
Anyone can commit this offence.
Nevertheless, these offences are often committed by the private sector, businessmen and the public who want to acquire something or avoid punishment.
QUESTION: The givers and receivers both committed the offence. Therefore, who will be prosecuted?
ANSWER: MACC will protect the person who makes the report. For example, if the complainant is someone who gives the bribe, MAA will investigate and take action against the person who takes the bribe. Therefore, don’t be afraid to file a report. It does not matter if you are the giver or the receiver of a bribe.
#15 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ASKING OR RECEIVING A BRIBE.
QUESTION: Is there a case where the giver and the receiver of bribes are prosecuted in court?
ANSWER: Yes. Refer to the corruption case of the Assistant Governor of the National Bank.
Summary of case: BNM has signed an agreement with Note Printing Australia Limited (NPAL) for the printing of RM5 money on polymer paper.
NPAL appointed Aksavest Sdn. Bhd (AKSb) as an intermediary between NPAL and BNM.
SHAH ALAM, 1 JULY 2011 – AKSB company director was charged with 2 charges under Section 11(b) of the Anti-Corruption Act 1997 for giving bribes of RM100,000 to the Assistant Governor of BNM through 2 transactions (RM50,000 per transaction).
The bribery payments were to ensure NPAL secured the printing contract of RM5 polymer banknote from BNM.
#16 LECTURER’S GUIDE.
…continuation,
The former Assistant Governor of BNM was charged with 2 charges under Section 11(a) of the Anti-Corruption Act 1997 for accepting bribes of RM100,000 from AKSB through 2 transactions (RM50,000 per transaction). (Source: MACC 2011 Annual Report page 49)
6 December 2013 – The accused in this case was released by the court.
Proving the case isn’t easy if both the giver and receiver are charged, and the supporting evidence must be solid.
EXAMPLE OF ACTUAL CASE OF OFFERING OR GIVING A BRIBE.
#17 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL OF OFFERING OR GIVING A BRIBE.
#18 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF OFFERING OR GIVING A BRIBE.
#19 LECTURER’S GUIDE.
Firmly reject the bribery offer and advise the giver.
File a report to MACC
If the giver insists/is eager to bribe, then do the following:
METHOD 1: Accept the money and report to MACC
Accept the money offered/given.
File a report immediately to MACC.
Reminder: Don’t use the money (bribe) and keep it in its original state.
There should be a witness to see your actions. Examples of witnesses – are friends and colleagues.
METHOD 2: Catch the giver.
After he gives the money to you, you can catch the giver.
The offence of corruption is an indictable offence under Section 49(1) of the MACC Act 2009.
Take the giver to the nearest MACC and file a report.
METHOD 3; TRAP
Arrange with the giver the time and place to hand over the money.
File a MACC report.
MACC will come and arrest after the transaction takes place.
#20 LECTURER’S GUIDE.
With reference to Section 18 of the MACC Act 2009.
The offence can be committed in the public and private sector
The offence is committed when “claim differently, make/supply differently”, which benefits the one that makes the claim.
#21 LECTURER’S GUIDE.
False claims can be in 2 situations:
false claims in terms of quantity
false claims in terms of specifications.
The lecturer explains examples of offences of other false claims.
#22 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF FALSE CLAIMS.
#23 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF FALSE CLAIMS.
The case of former Dean of Faculty of Sports Sciences and Recreational UiTM, Dato’s Saberi bin Md Salleh.
The details of the case can be found in the book “Jerung Dalam Jaring Kami” (2013).
#24 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL OF FALSE CLAIMS.
#25 LECTURER’S GUIDE.
EXAMPLES OF ACTUAL CASE OF FALSE CLAIMS.
#26 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF FALSE CLAIMS
#27 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF FALSE CLAIMS.
The case of former Selangor ADUN Teratai YB Yap Soo Sun.
The details of the case can be found the book “Jerung Dalam Jaring Kami” (2013).
#28 LECTURER’S GUIDE.
With reference to Section 23 of the MACC Act 2009. This offence is specifically to officers in public bodies.
A government-related company is considered a public body.
The interpretation of ‘public body’ as in Section 3 of the MACC Act 2009.
In short, the offence is committed when a public body officer is involved in awarding a government project to his relative.
Involvement can be in various means, such as approving, supporting, suggesting or taking any action regarding a tender or quotation.
The term ‘relative’ can be referred to in Section 3 of the MACC Act 2009 – ‘Relative’ interpretation.
#29 LECTURER’S GUIDE.
Another example:
The lecturer can discuss other examples with students.
#30 LECTURER’S GUIDE.
EXAMPLES OF ACTUAL CASE OF ABUSE OF POWER BY PUBLIC OFFICIALS.
On 9 January 2017, a husband and wife working as lecturers at Padang Terap Community College were found guilty of abuse of position.
The wife misused her position when preparing the Government Order numbered P12000029 for the supply of electrical equipment spare parts worth RM34,250.25 by the RHA Sepakat Enterprise Company, which her sister actually owns. Her husband had abused his position when certifying the Government Order despite knowing that the RHA Sepakat Enterprise Company belonged to his sister-in-law.
The court sentenced the husband to one-day imprisonment and a fine of RM170,251.25 (or six months imprisonment if the fine is not paid). Meanwhile, his wife is required to be of good behaviour for three years with one surety.
(Source: Book "Handling Corruption in Government Procurement" p. 81, 2017)
#31 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ABUSE OF POWER BY PUBLIC OFFICIALS.
#32 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ABUSE OF POWER BY PUBLIC OFFICIALA.
#33 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ABUSE OF POWER BY PUBLIC OFFICIALS.
The case of former Sabah Chief Minister Datuk Seri Panglima Joseph Pairin Kitingan.
The details of the case can be found in the book “Jerung Dalam Jaring Kami” (2013).
#34 LECTURER’S GUIDE.
EXAMPLE OF ACTUAL CASE OF ABUSE OF POWER BY PUBLIC OFFICIALS.
The case of former Melaka EXCO Datuk Sahar bin Arpan.
The details of the case can be found in the book “Jerung Dalam Jaring Kami” (2013).
#35 LECTURER’S GUIDE.
The lecturer explains the action that must be done as follows:
declare interest to the department management and members of the meeting;
do not involve yourself in meetings or take any action (e.g. suggest, support, etc.);
do not lobby so that other meeting members choose the company that is related to your family and
if the declaration is made in the meeting, ensure the action is recorded in the minutes of the meeting.
It should be noted that the law is not cruel.
The law does not prohibit the company of family members from trying to get projects anywhere, including the organisation you serve.
However, as a public official, you must be alert and ensure preventive steps are taken to prevent the offence of abuse of power from being committed.
#36 LECTURER’S GUIDE.
With reference to Section 24(1) of the MACC Act 2009 and Section 24(2) of the MACC Act 2009.
The court must impose a fine and imprisonment.
Jail – no minimum amount. The law sets maximum prison term of 20 years.
For civil servants, imprisonment can cause them to lose their pension. Refer to Section 21(1) of the Pension Act 1980.
Fines for offences of asking/accepting a bribe, offering/giving a bribe and abuse of power -5 times the value of the bribe or the value that is the offence.
If the value of the bribe cannot be assessed ( such as bribe in the form of position or service) –fine no less than RM10,000.
The fine for the offence of false claim -5 times the value of the false claim made.
#37 LECTURER’S GUIDE.
QUESTION: If the bribe is in the form of sexual service, how will the court set the fine?
ANSWER: If the value of the bribe can be assessed, then the fine is 5 times the value of the feed or a minimum of RM10,000.
Since the bribe is in the form of sexual service that cannot be assessed, the minimum fine that can be imposed is RM10,000.
EFFECTS OF CORRUPTION –Assets obtained from corrupted activities will be seized and forfeited.
Seize – assets will be seized/confiscated for MACC investigation process.
Forfeiture – assets will be transferred to another party.
#38 LECTURER’S GUIDE.
Statistics of assets seized and forfeited are as in the slide.
Forfeiture of assets is complicated and time-consuming.
Many cases of forfeiture are still pending.
The forfeited amount will increase from time to time.
Year 2020 – There is a significant improvement following the return of funds and assets from abroad regarding the 1Malaysia Development Berhad (1MDB) scandal.
#39 LECTURER’S GUIDE.
For the act of corruption, other than can be charged under the MACC Act 2009, those involved can also be prosecuted under illegal money laundering offence.
All corruption offences are predicate offences as per the Second Schedule (Interpretation of Serious Offences) of the Anti-Money Laundering, Anti-Terrorism Financing Act and Proceeds from Illegal Activities (AMLATFPUAA) 2001.
Therefore any transaction involving proceeds from corrupted activities can be categorised as the crime of illegal money laundering.
#40 LECTURER’S GUIDE.
This illustration explains how the crime of money laundering happens.
Criminals derive revenues from illegal activities.
Examples of illegal activities – bribery, stealing, robbery, cheating, breach of trust, accepting illegal deposits, etc.
The illegal proceeds are used to buy assets, kept in the banks and investment.
Every such transaction is a crime of money laundering.
Money laundering – cleaning ‘dirty’ assets to look clean.
There are 3 LEVELS in money laundering, namely:
Placement – placing illegal money in several places. Example: Save illegally obtained money in several bank accounts.
Layering – transfer or hide the illegally obtained money through valid transactions. Example: Illegally obtained money transferred from a bank account to a legit business account.
#41 LECTURER’S GUIDE.
3. Integration – Illegally obtained money and legally obtained money have been mixed; for example, illegally obtained money is invested in a business generating profit.
In the case of corruption, bribe money is often used for the following purposes:
- buy assets and luxury goods such as cars, watches and handbags.
- saved or invested in investment/financial institutions, such as fixed deposits, ASB, Tabung Haji, etc.
PUNISHMENT: Citation of Section 4(1) of the Anti-Money Laundering Act, Anti-Terrorism Financing Act and Proceeds of Illegal Activities (AMLATFAPUAA) 2001.
The meaning of this provision is:
to track the revenue obtained from illegal activities.
to prevent the revenue obtained from illegal activities hidden and used by the criminals.
to recover (confiscate) the revenue from illegal activities to the government.
#42 LECTURER’S GUIDE.
Giving of gifts is a common practice of showing appreciation, love, etc.
Gift is also a form of corruption according to MACC Act 2009.
#43 LECTURER’S GUIDE.
Civil servants are advised to be careful in giving and accepting gifts.
Civil servants are prohibited from receiving gifts from those who have official relationships.
The act is unethical in terms of work and civil servant regulation and can become a criminal offence.
QUESTION: What is meant by “gift”
ANSWER: For Service Circular No 3 of 1998, gifts including money, free fare, lottery tickets, travel facilities, entertainment, services, club membership, any form of commission, hamper, jewellery, and any valuables given or accepted by the public officials.
#44 LECTURER’S GUIDE.
Section 165 of the Penal Code –It is a criminal offence when a civil servant receives things of value (gifts) without proper consideration from the contractor or supplier doing official business with him.
The lecturer explains the offence stipulated in the Penal Code, where the Penal Code allocates criminal offences on civil servants.
QUESTION: Is the giving of a small-value hamper considered as a bribe?
ANSWER: The accepting or giving of gifts, regardless of the value, will become corruption offences if the giver:
Has an official relationship with the officer or his subordinates.
The giving or accepting is not made in good faith or intended to bribe.
#45 LECTURER’S GUIDE:
The criteria for giving or accepting a gift that becomes a bribe.
Even if the gift is worth RM10, if it is given by someone who has official business and can influence the recipient’s decision, it can be considered as a bribe.
There are also situations where gifts are given by people who have official business and are hard to reject.
For example, gifts given in front of guests, If rejected, will humiliate the giver.
Gifts may be accepted under these circumstances. However, they must be submitted to the head of department for a decision.
BASIC PRINCIPLE –gifts may not be accepted from those on official business.
Gifts can only be accepted if there is no formal relationship.
The form, amount and value of the gift must be appropriate to the purpose of the gift. For example, you received a car as a birthday present from an individual (who is not close to you) – not an appropriate value.
#46 LECTURER’S GUIDE.
..continuation..
QUESTION: Can the public/company give gifts to public officials as a token of appreciation for facilitating his dealings with the department involved?
ANSWER: No. Public officials are prohibited from accepting any gifts from those who are involve in their official duties.
If planning to show gratitude, it is recommended to express it in the form of a letter of appreciation.
RECAP
Revision
The lecturer will ask students to repeat the 4 corruption offences.
The lecturer can also ask students to explain briefly each of the corruption offences.
#48 LECTURER’S GUIDE.
The lecturer provides a few illustrated cases and ask the students to discuss.
Next, the students will give their answers in class.
#49 LECTURER’S GUIDE.
ANSWER
(1) Offence: Accepting gifts from persons of interest.
An offence under Section 165 of the Penal Code – civil servant accepting gifts from parties that have official dealings with him.
(2) The action should be:
Refrain from receiving entertainment from contractors,
Not giving a ‘hint’ asking for a bribe
Don’t accept gifts.
Report the gift to the head of department.
Refrains from mixing formal and personal relationships.
#50 LECTURER’S GUIDE.
ANSWER
(1) Corruption offence due to abuse of power by a public official.
(2) The action should be:
Declaration of interest
Leave the meeting and do not participate in decision-making. Ask someone else to make a decision.
It is best to advise or not allow relatives to try to get projects at your place of duty.
(3) Effect:
Can be arrested and charged.
Affecting his integrity as well as the decisions made.
The organisation will suffer a loss because the companies selected are not based on merit. It may not be possible to provide the best service.
Such actions can also invite slander.
#51 LECTURER’S GUIDE
The effect of his actions:
Acts of corruption caused him to be arrested/indicted
The proceeds of bribery can be confiscated.
Money laundering is an offence under the AMLATFA.
Actions that tarnish the image of educators and educational institutions.
The action resulted in many poor-quality students.
Cultivating corruption among students.
Those students have the potential to commit corruption when they work later.