ANNEX 1. Significant cases developed in 2010, in the field of countering corruption

Transcription

1 ANNEX 1 Significant cases developed in 2010, in the field of countering corruption 1. Yesterday, the 7th of February 2010, at 7.00 P.M., Anti-corruption General Directorate s officers, with support from the General Directorate for Intelligence and Internal Protection, under the coordination of the case prosecutor from the Prosecutor s Office attached to Bucharest Tribunal, caught in the act a policeman who received bribe in amount of 2500 euro, from a driver. The action was deployed on Barbu Văcărescu street, in Bucharest. The catching in the act operation was organized after a citizen called the green line TelVerde ,on the 28th of January, and notified that the policeman E.M., within the Territorial Police Inspectorate Ilfov - Traffic Police Service, asked 2500 euro as bribe in order to have the criminal offences against him dropped (the citizen was detected to have been driving under the influence of alcohol on the 9th of January 2010, in Pantelimon City). E.M. promised him to modify the results of the alcohol tests, so as to exonerate him from the criminal charges. E.M. was arrested for 24 hours for taking bribe; today, February the 8th, he is to be brought to the Bucharest Tribunal, with the proposal of preventive arrest for 29 days. 2. On , the Anti-corruption General Directorate officers Anti-corruption Arges County Service, under the coordination of the case prosecutor within the Prosecutor s Office attached to Arges Tribunal, with the support of the police officers within General Directorate for Intelligence and Internal Protection and Arges Police Inspectorate, caught in the act a man, 41 years old, from Drobeta Turnu Severin town, when he received euro. D.I.M. asked and received money from the denouncer E.A.N. in order to intervene with two judges, in order to give a favourable solution in the penal file run by the Supreme Court of Cassation and Justice, in which was investigated the denouncer s father and to remove the relevant evidence from the penal file, in order to avoid the sequester over the assets of the denouncer s father. Thus, on the denouncer E.A.N. informed the Anti-corruption General Directorate officers, through the anticorruption green line TEL VERDE , after that the police officers within Anti-corruption Arges County Service accompanied her to the Prosecutor s Office attached to Arges Tribunal, where her complaint was registered and the Anti-corruption Arges County Service officers were assigned to perform the criminal pursuing documents in the penal file. On , in Piteşti, the catching in the act operation was settled and on this occasion 6000 euro was found on D.I.M., the money being forensically marked. Against D.I.M, the case prosecutor within the Prosecutor s Office attached to Argeş Tribunal issued a detainment order for 24 hours, for committing trading favours, criminal offence provided and punished by article 257 of the Penal Code, following that on , the accused was presented to the Argeş Court, with the proposal for

2 preventive arrest. The anti-corruption Arges County Service officers, under the coordination of the case prosecutor are continuing the investigations in order to complete the case. 3. On , under the coordination of the prosecutors within Pitesti Anticorruption National Directorate, the Anti-corruption General Directorate officers caught in the act N.I.D, a fireman from Argeş Civil Emergencies Inspectorate Costeşti Fire Brigade, after he had received euro from the plaintiff M.C.C., in order to intervene with the head of Argeş Inspectorate, and employ him within this unit. The defendant had promised that he will persuade the members of the examination commission to accept him, as an officer. The catching in the act operation was organized on , based on the documents within a penal file, ongoing at Piteşti Anti-corruption National Directorate, following a complaint lodged at the Piteşti Anti-corruption Service. Based on the delegated orders issued by the prosecutor, the Anti-corruption General Directorate officers performed criminal proceedings and established that, in 2009 N.I.D. had asked various amounts of money, between and euro, from certain citizens and he received between 600 and euro from each of them. In exchange of money he had to obtain the medical and psychological certificates, necessary for the exams. Also, he had promised that he will persuade the members of the examination commission to help them with the employment tests. The overall prejudice was in amount of euro and out of them, euro were his part. On , following the catching in the act operation, N.I.D. was detained for 24 hours, based on the order issued by the prosecutors within Piteşti Anti-corruption National Directorate, and on Argeş Tribunal ordered the preventive arrest for 29 days, for trading favours, under aggravating circumstances, criminal offence provided and punished by articles 41.2 and 257 of the Penal Code and articles 5 and 6 of Law no. 78/2000, with further amendments. Also, in this file three persons are investigated for buying influence, offence provided and punished by the article 6¹ of the Law no. 78/2000, with its further amendments. During the investigations, Argeş Anticorruption General Directorate officers were assisted by the Intelligence and Internal Protection General Directorate. 4. On , SI, a German citizen, was put under preventive arrest for 29 days, following the specific activities carried out by AGD officers within Timis local anticorruption department, in order to prove his criminal activity in the field of real estate. The officers were coordinated by the case prosecutor from the Prosecutor s Office attached to Timisoara Court of Appeal. It was ascertained that, between , the German citizen, with the complicity of civil servants from Timisoara City Hall, the local Land Registry Office and several public notaries, illegally purchased 5 terrains/building sites in value of Euro. The local City Hall was prejudiced with Euro and a commercial company, which in good faith bought the terrain, was prejudiced with Euro. SI is investigated for committing the following crimes:

3 fraud, repeated forging of official documents, repeated use of forged documents, aggravated fraud, aggravated fraud attempt, instigation to abuse of office, instigation to forgery and instigation to intellectual forgery. Also, on , following the criminal pursuit procedures carried out by AGD officers, delegated by the case prosecutor, the Court ordered 29 days preventive arrest for the defendant KF, for committing aggravated fraud, instigation to forgery, instigation to intellectual forgery, use of forged documents and association to criminal offences. It was ascertained that, between KF was involved in issuing forged documents, such as repossession and power - of - attorney certificates. The 10 defendants were prosecuted by Timisoara Court of Appeal. 5. On , Arges Tribunal issued preventive arrest warrants for 29 days, for three defendants: two policemen from the local Police Inspectorate and the manager of a commercial company, for committing corruption deeds. The criminal file was drawn at the notification of the Anti-corruption General Directorate. During the criminal pursuit, prosecutors from the National Anti-corruption Directorate delegated officers within Arges Anti-corruption County Service to conduct investigations and other specific activities. On the local Service of the Anti-corruption General Directorate informed the National Anti-corruption Directorate on the fact that chief commissioner GA, head of the Logistic Service within the local Police Inspectorate, and his colleague, RL, did not award correctly a public procurement contract, with regards to the extension of the HQ for the local National Archives. Following the investigations performed by AGD officers, under the coordination of the case prosecutor, it was ascertained that, during , the defendant MC, the manager of a commercial company, gave to GA goods and services in value of lei and to RL in value of lei, in order to award him the contract for the rehabilitation of the HQ for the local National Archives. The prejudice caused to the local Police Inspectorate was of lei. By not paying the taxes and the VAT, the commercial company managed by MC prejudiced the state with lei. The investigations were carried out with the support of the police officers within the General Directorate for Intelligence and Internal Protection. On prosecutors from the National Anti-corruption Directorate ordered 24 hours detention for the three defendants. The policemen were accused of bribe taking and aggravated abuse of office against public interest. The manager of the commercial society was accused of aggravated abuse of office against public interest and tax evasion, related to bribery. 6. Following a 3 month monitoring, AGD officers from Satu Mare territorial anticorruption department, together with officers from the local Police and Border Police Inspectorates and supported by the Service for Intelligence and Internal Protection, coordinated by the case prosecutor from the National Anti-corruption Directorate Satu Mare Territorial Office, annihilated a cigarette smuggling network. It was ascertained that, between March and May 2010, the members of the criminal group smuggled, from

4 Ukraine to Romania, cigarettes in total value of Euro. The criminals offered, to the Border Police officers, bribe in amount of Euro and lei. On the criminal group was caught in the act as they succeeded to smuggle 140 cigarette boxes, out the 219 ones they intended to take to Romania, all of them being produced in Ukraine. Simultaneously with the catching in the act, 8 home searches were conducted, with supplementary support from the local Gendarmerie Inspectorate, and the 140 boxes of cigarettes were found at the domicile of one member of the criminal group. Prosecutors from the National Anti-corruption Directorate Satu Mare Territorial Office, sent to Court 5 defendants and extended the criminal pursuit for other 4 members of the criminal group. Also, Satu Mare Tribunal ordered preventive arrest for 4 members of the group. The indictment was issued and 8 persons were sent to Court for giving bribe. 7. Following to the complex activities conducted by AGD officers Arad Anticorruption Service in cooperation with General Directorate for Intelligence and Internal Protection, the competent prosecutor within the Prosecutor s Office attached to Arad County ordered, today, , retaining for 24 hours of five persons, including two border police officers. In fact, on , was ordered the criminal pursuit against the accused P.P. and M.M. for committing migrant trafficking and giving bribe offences, provided. art. 71 par.1 of EO 105/2001 and art. 255 C.C. reported to article 6 of Law No.78/2000, consisting in that they recruited and guided many people in order to fraudulent pass the border at Border Crossing Point Nadlac and Turnu, with the support of border police agents who have received various amounts of money. Following to the complex activities conducted for four months by AGD, General Directorate for Intelligence and Internal Protection officers and specialists under the supervision of the appropriate prosecutor revealed that P.P. and M.M., who are organizing regular transports abroad, were contacted frequently by people who are not meeting the legal requirements to leave the country. These persons requested to defendants to help them illegally cross the state border of Romania and reach to Hungary. The two defendants promised that they can help interested people, asking them in exchange money, which would be offered to border police officers to enable them to leave the country. Therewith, it was established that P.P. requested to drivers who drove the cars with the illegal migrants, to provide money for border police officers in the case when the border police officers do not allow people who are trying to fraudulently leave the country. Anti-corruption General Directorate and General Directorate for Intelligence and Internal Protection officers, under the coordination of the case prosecutor proved that the defendants were assisted in criminal activities by two police agents within Arad County Police Inspectorate, M.A. and V.M. who requested and received various amounts of money to allow exit or entry of persons who do not meet the legal requirements for border crossing. The two were conducted their activities in Border Crossing Point Nadlac respectively Border Crossing Point Turnu. It was also found that B.P. is part of the criminal group, which helped the P.P. and M.M. in their illegal activities

5 8. On 24-th of July 2010, following a common activity carried out by the police officers within Anticoruption General Directorate Braşov and Covasna Anti-corruption Services, together with police officers within Braşov County Police and the civil servants from Braşov Regional Directorate for Taxes and Custom Operations, under the coordination of the competent prosecutor from the Prosecutor s Office attached to Braşov Tribunal, with the assistance from the General Directorate for Intelligence and Internal Protection, caught in the act, in Braşov area, two police agents within Fraud Investigations Unit from the local Police Inspectorate, while they transported cigarettes smuggled from the Republic of Moldavia. The case was opened following the intelligence gathered by police officers from the General Directorate for Intelligence and Internal Protection regarding the smuggling activities ongoing in Braşov County. The investigations revealed that the police agents F.C. and E.M, accompanied by their wifes, drove on 24th of July 2010, two cars in Gherăeşti village, Neamţ County, where a car driven by another person was loaded with boxes of cigarettes stamped in the Republic of Moldavia and then left to Braşov. Around hrs, on National Road No. 11, at km , between Bacău and Braşov localities, in the presence of GD police officers, the vehicle driven by the suspect G.M.G., wife of police officer E.M. accompanied by the suspect F.A.E., the wife of the police officer F.C. was stopped for a traffic control by the police agents and the representatives of Braşov Regional Directorate for Taxes and Custom Operations. With this occasion, in the trunk of the vehicle were detected cigarette boxes, being stamped in Republic of Moldavia and the cigarettes were to be sold in Braşov. The four suspects were presented to the Prosecutor s Office attached to the Braşov Tribunal where the hearing took place and it was ordered detainment for 24 hrs, for commiting tax evasion, crime provided and punished by Article 9.1.a from Law no. 241 / 2005 and Article from Law no. 571/2003. On , the four person were presented to Braşov Tribunal with proposal for preventive arrest, the arrest warrants being issued for 15 days, for the police agents F.C. and E.M. The suspects G.M.G. and F.A.E.were realesed, with the interdiction to leave the city. 9. On , prosecutors from the National Anti-corruption Directorate ordered 53 defendants be sent to Court within a criminal file initiated by AGD - Giurgiu territorial department. It was ascertained that between August and October 2007 they were involved in a fraud regarding the employment procedures completed for filling in a large number of positions within Giurgiu Civil Emergency Inspectorate. The chief inspector, colonel GM was heading a 50 persons criminal group, who exercised their authority to forge the results of employment tests for 67 contestants, thus bringing prejudice to 32 of the contestants, who accomplished all the requirements for being employed, but were not. It was also ascertained that between August and October 2007 colonel GM received 2000 Euro and 5000 lei in order to employ two other officers. The

6 indictment was drawn for committing the following crimes: abuse of office against citizens interest, intellectual forgery, use of forged documents, complicity to destroying or stealing written documents, corruption and association to crimes. On , Bucharest Court of Appeal ordered preventive arrest for the chief inspector, colonel GM, and major PDV, head of service within Giurgiu Civil Emergency Inspectorate. The file was forwarded to Bucharest Military Tribunal. 10. Following the investigations, on , police officers within Sfântu Gheorghe Criminal Investigations Office within Covasna County Police Inspectorate, under the coordination of the case prosecutor, 36 years old K.J. and his girlfriend B.J. were checked by a traffic patrol as they were transporting unstamped Ukrainean cigarettes unstamped packs of cigarettes were found in the vehicle driven by K.J. and 390 unstamped packs of cigarettes were found in the vehicle driven by B.J. The investigations were performed with the help from AGD officers within Covasna Anti-corruption Service, officers within the Special Service for Operations and Interventions and customs inspectors. The technical and informative support was offered by General Directorate for Intelligence and Internal Protection as well as by the Intelligence Romanian Service. The cigarettes and vehicles used for transportation were confiscated. The home searches performed at the suspects domiciles revealed packs of cigarettes of various types, unstamped, made in Ukraine. The criminal pursuit was initiated committing fraud and he prejudice amounts to lei. 11. The Anti-corruption General Directorate officers Investigations Service, under the co-ordination of the case prosecutor within the Anti-corruption National Directorate - Fight Against Corruption Section, investigate a police commissioner within the Police Agents School Vasile Lascar from Campina, accused for repeatedly committing trading favors. De facto, during the organization of the admission exam to the Police Agents School Vasile Lascăr Câmpina, August-September 2010 session, the defendant M.G., in his quality of examination commission member, asked, accepted promises and received money from several candidates (between Euro from each candidate) or another material benefits in order to help them to pass the physical training examination, by taking the advantage of his office duties or by trading favors of his colleagues who were members of the commission. On the 3rd of September 2010, the anti-corruption case prosecutor ordered the initiation of the criminal action and ordered the arrest for 24 hours against M.G. The Bucharest Tribunal decided to arrest him for 29 days. Our police officers were supported by the Romanian Intelligence Service to investigate the activities. The investigations are ongoing. 12. On 14 October 2010, the ten police officers, as well as the employee of a national agency, were interviewed by the prosecutors from the Prosecutor s Office attached to Arad Tribunal, for committing taking bribe were detained based on the prosecutor s

7 order for 24 hrs, following that on 15 October 2010 to be presented to Court with proposal of preventing arrest. Also, together with the ten it was apprehended another police agent suspected by committing the same crime. The penal investigated started from a complex action of the police officers within Anticorruption General Directorate Arad Anti-corruption Service, under the coordination of the assigned prosecutor from the Prosecutor s Office attached to Arad Tribunal, in May 2010 of this year. The detained persons are suspected that while they were on duty, they repeatedly requested and received money as bribe from different drivers in order not take against them the legal measures for traffic offences. Following the ongoing activities performed by Anticorruption General Directorate, under the coordination of the Prosecutor s Office attached to Arad Tribunal, it was established that the police officers within Traffic Police Service Arad Police County, who were assigned to perform their activity within Police stations, in Arad County, have requested and have received amounts of money, between 20 and 100 euro, from different persons in order not to fulfil their duty tasks. For instance, one of the police officers, who was investigated in the penal file, repeatedly requested and received, from different persons, items and money, in order not to apply the legal provisions according with his job description. De facto, the police officer has got diesel and cement from the persons who had stolen fuel and construction materials from trains which had passed his area of responsibility, as well as, from the drivers who committed traffic offences. The twelve defendants were detained for 24 hrs, for taking bribe, crime provided and punished by Penal Code articles and Law no. 78/2000, art. 7.1 and they are to be presented to Arad Tribunal with proposal of preventing arrest for 29 days, on The investigations were carried out with the support of Internal Protection and Intelligence General Directorate and Romanian Intelligence Service. 13. On , the police officers within Anticorruption General Directorate, under the co-ordination of the Prosecutor s Office attached to Olt Tribunal, with the assistance from the Internal Protection and Intelligence General Directorate of Olt County, caught in the act a physician, who requested and received 500 RON bribe. B. Liliana requested money to solve favourably a reviewing file regarding the social assistance for a disabled child. On , the police officers within Anticorruption General Directorate Olt Anti-corruption Service, drafted a police report ex-officio concerning the fact that between 2008 and 2010, B. Liliana requested and received amount of money in value of 200 and 300 euro from many persons in order to complete the necessary formalities regarding the early retirement due to illness, although they did not meet the legal requirements. In the case were gathered evidence following the activities performed by the Anticorupţie General Directorate Olt Anti-corruption Service and Olt Police County Inspectorate Fraud Investigation Service.

8 In October 2010, a complaint lodged stating that B. Liliana requested money to solve favourably a reviewing file regarding the social assistance for a child with disabilities. Following the statement, the catching in the act operation was set up on , when B. Liliana was caught in the act while she received 500 RON from the complainant. Also, the searches were performed at the working place and at the accommodation of defendant, where it was found RON, as well as an important quantity of drinks and coffee. The competent prosecutor within the Prosecutor s Office attached to Olt Tribunal ordered the detaining of B. Liliana for 24 hrs, following that on , that defendant to be brought to the Court with proposal of preventing arrest. 14. On , officers within Arad Anti-corruption General Directorate territorial unit, under the co-ordination of the Prosecutor s Office attached to Arad Tribunal, with the assistance of policemen from the local Police Inspectorate, applied the bringing warrants with regards to 4 border police officers from Arad Border Police Inspectorate. Following the notification of three citizens, it was ascertained that between , the border policemen repeatedly asked and received money from representatives of transportation companies, which entered and exited Nadlac and Turnu Border Crossing Points. The four policemen were detained for 24 hours and the case prosecutor suggested, to the Court, 29 preventive arrest. The Court ordered investigations be continued, without preventive arrest. 15. Following a denounce, on , officers within Constanta Anti-corruption General Directorate territorial unit, under the co-ordination of the Prosecutor s Office attached to Constanta Tribunal, caught in the act 2 inspectors from the National Agency for Fiscal Administration, as they received a 2000 Euro bribe from a citizen, in order not to take the legal measures against him, for concealing invoices from his accountant documents. The inspectors are investigated for bribe taking, and the case prosecutor are to suggest, to the Court, preventive arrest. 16. Following a denounce, on , officers within Bucharest Anti-corruption General Directorate unit, under the co-ordination of the Prosecutor s Office attached to Bucharest Tribunal, caught in the act a policeman from Police Station No. 9, from Bucharest, as he received 2000 lei from the denouncer, in order to suggest, to the case prosecutor, a favourable solution in a penal case in which the citizen was involved. In October 2010, the denouncer, a foreign citizen, was summoned at the Police Station by the respective policeman, who informed him that someone filed a complaint against him, for a traffic incident. In order not to be arrested and expulsed from the country, the denouncer was asked for 8700 Euro, as the policeman pretended he needed the money for bribing the eye witnesses, so as to make them change their declarations, in favour of the foreign citizens. The citizen gave the policemen 2000 lei, as part of the bribe, money which were found on the policeman, following the catching in the act operation. The

9 Prosecutor s Office attached to Bucharest Tribunal ordered the initiation of criminal pursuit against the policeman, for bribe taking.