MODUL KIAR 2023 - 5 CORRUPTION BASED ON MACC ACT 2009.pptx

KIAR NOTES

1. INTEGRITY & ANTI CORRUPTION COURSE KIAR Kementerian Pendidikan Tinggi 2.0 Building a Generation with Dignity, Integrity and Corruption Free ” “

2. C ORRUPTION BASED ON MACC ACT 2009 5 Module

3. Definition of CORRUPTION Various definitions are given by international organi s ations

4. The acceptance or giving of bribes is intended for a person to do something related to his official duties. C ORRUPTION

5. C ORRUPTION Not only involving the 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 who asks for or accepts a bribe in return for doing or not doing something. Asking or accepting bribes 1

8. IPOH, 30 March 2022 - 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 Syariah High 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: as a reward for reducing the punishment of syariah offenders and releasing the court bail; and approve polygamy applications.

11. IPOH, 3 July 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 L ECTURER 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 April 2018 - 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 who offers 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 urine SAMPLE 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: did not take his urine sample, and 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, 19 August - 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, 9 August 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, youth fined 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.

19. If you are offered a bribe, WHAT should you do?

20. False claims 3 Any person uses/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 contractor was 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 university dean 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 senior officers 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 September 2016 - 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 Senior General 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 power by 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 department head 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 January 2017 - 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, 26 July 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 principal of a school in Selangor was charged with abuse of power. The accused has chosen his own company to supply: teaching aids totaling RM2,091.65 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 absolute power 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 May 1997 - 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 family member applies for a project where you work, what should you do?

36. PRISON not more than 20 years; AND BRIBERY: IF GUILTY… FINE 5 times the value of the bribe, or RM10,000, whichever is higher.

37. The result of corruption SEIZE & FORFEITURE

38. CONTENT 2015 2016 2017 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

39. Transactions resulting from bribery Crime of money laundering

40. ILLUSTRATION Boat

41. PRISON for not more 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

42. Receiving and Giving G I F T How can it be corrupt ?

43. DO NOT ever accept gifts / valuables from contractors / suppliers who deal officially with you. Reminder to public servants!

44. Offence of receiving a gift 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 of the gift is not commensurate with the meaning of the gift given A gift becomes a BRIBE when… 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

46. Recap

47. 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

48. ACTIVITY

49. Kamarul is a supplier 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 What wrongdoing has Dato' Ajis done? What action should be taken by Dato' Ajis? Discussion - Case Study 1

50. Sarip is the Head 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 Is there any corruption offence that has been committed by Sarip ? What action should be taken by Sarip ? The effect of Sarip's actions? Discussion - Case Study 2

51. Razid , a lecturer at 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