Japanese Contractor Bribes City Thai Officials

[Old Man River]

The above being the case, then there was only the intent to bribe, but no actual bribery taking place. Since no harm no foul, there seems to be no case to prosecute as it relates to the CTX Scanners.

maybe I am being overly cynical but did they have to use a specified contractor to do the installation ? there still would have been opportunities to take extra cash somewhere in the process.

The way it has been explained is that, allegedly, InVision (prior to the GE acquisition) was supposed to sell the scanners to the Thai distributors, who would then sell them to the Thai government at an inflated price with much of the proceeds used to "kick back" funds to the government officials approving the purchase. This transaction never took place.

While the ultimate sale and installation still could have involved corruption, given the many eyes watching it at this juncture, it probably didn't happen.

[AlexLah]

And did you know that the guy in the middle of this transaction was later rewarded with a contract to deliver some decorational stuff like flowers to the airport?

[Old Man River]

And did you know that the guy in the middle of this transaction was later rewarded with a contract to deliver some decorational stuff like flowers to the airport?

No I didn't know that. The middleman (Patriot) did argue that they had spent a lot negotiating this deal and should be able to recoup their losses when it was decided the government was forced to bypass them and buy direct. Perhaps this is the way they were allowed to recoup their losses. After all, I am sure they spent a lot of time and effort setting this deal up from the beginning.

[Plus]

AFIK, 600 million baht was paid to Patriot, some of that money was spent on planting trees at the airport.

Are you going to restart our own investigation, OMR? Cos, it was all argued before, in a half a dozen threads, and you know what the consensus was. Why start it again?

[Old Man River]

AFIK, 600 million baht was paid to Patriot, some of that money was spent on planting trees at the airport.

Are you going to restart our own investigation, OMR? Cos, it was all argued before, in a half a dozen threads, and you know what the consensus was. Why start it again?

Are you now censuring discussions here as well? Besides, I think the few comments made on this have pretty much come to an end so you will get your wish anyway.

[Plus]

there was only the intent to bribe, but no actual bribery taking place. Since no harm no foul, there seems to be no case to prosecute as it relates to the CTX Scanners.

That's a puzzling statement, OMR. There's nearly unanimous opinion that corruption and bribery indeed took place, but I don't think anyone remembers all the details, even you admit you don't remember about the guy caught in the middle, the guy who planted the trees.

And that is double strange, because you can't really have an educated opinion on this case if you don't remember about this principal character, he ran Patriot, the company who arranged the deal.

It's fine to state a minority opinion, it's your right, but it looks more like an old Colpyat's attempts to rewrite history, hoping no one would remember better and challenge you, and I admit that I am just lazy to dig this old stuff up.

I was expecting better from you, hence my initial question - why start it again?

[hammered]

Japanese contractor allegedly bribes city Thai officials

A former executive of Nishimatsu Construction Co. has told Japanese prosecutors that the Japanese general contractor paid more than 400 million yen or Bt125 million in 2003 to officials of Bangkok Metropolitan Administration (BMA), Kyodo News Agency reported Monday.

The alleged bribes were in return for ''favors'' connected to the award of a tunnel project in 2003. Incumbent Prime Minister Samak Sundaravej was Bangkok governor at that time.

The former executive of the major Japanese general contractor is being investigated by the Tokyo District Public Prosecutors Office on suspicion of violating the Foreign Exchange and Foreign Trade Law for bringing in around 100 million yen from overseas without reporting it to customs, the sources said.

In September 2003, a partnership Nishimatsu Construction and a local general contractor was awarded a project ordered by the BMA to build a tunnel to ease flooding.

The project was worth around 6 billion yen, according to the administration.

Local staff of Nishimatsu in Thailand prepared bribes after consulting executives of Nishimatsu's Thai partner, the sources said. The payments were apparently made to Thai government officials and officials in charge of overseeing bids for the project just before and after the project was awarded.

The Nishimatsu executive claims he was not directly involved in bribing the officials but ''in return for favors to secure the tunnel construction project, the company paid a total of more than 400 million yen to Thai government officials,'' the sources said.

''Such operational funds were necessary in order to be awarded public works projects in Thailand,'' he was quoted as saying.

The prosecutors searched Nishimatsu's head office in Tokyo's Minato Ward in early June in connection with the former executive's suspected violation of the foreign exchange law. The prosecutors suspect that the 100 million yen he brought into Japan was part of a slush fund.

The prosecutors are also conducting investigations into Pacific Consultants International, a major Japanese construction consultancy, in connection with a case of suspected bribery in Vietnam related to a project funded by official development assistance from the Japanese government.

-- The Nation 2008-07-07

Getting away from CTX and back to the Japanese allegations.

Samak has always had a reputation as an authoritarian and ultra-nationalist some say facist and his role in a certain massacre is pretty well known in Thailand if not talked about but inspite of all this he was not viewed as corrupt until the recent firetruck allegations which still await completion. Now we see from another direction another corruption scandal from the BKK governor times is about to burst on the scene. Although neither case has yet gone to completion a pattern is emerging and Samaks star is well on the wane.

A short while ago there was some debate on whether at some point Samak would actually be invited to be a privvy councillor something which apparently would be the greatest honour he could imagine. One wonders if such speculation will ever again be heard.

[slapout]

there was only the intent to bribe, but no actual bribery taking place. Since no harm no foul, there seems to be no case to prosecute as it relates to the CTX Scanners.

That's a puzzling statement, OMR. There's nearly unanimous opinion that corruption and bribery indeed took place, but I don't think anyone remembers all the details, even you admit you don't remember about the guy caught in the middle, the guy who planted the trees.

And that is double strange, because you can't really have an educated opinion on this case if you don't remember about this principal character, he ran Patriot, the company who arranged the deal.

It's fine to state a minority opinion, it's your right, but it looks more like an old Colpyat's attempts to rewrite history, hoping no one would remember better and challenge you, and I admit that I am just lazy to dig this old stuff up.

I was expecting better from you, hence my initial question - why start it again?

This is like useing the argument , ' when he attempted to kill someone he missed with the shoot' or the robbery of the bank did not happen because 'the police happened by and put a stop to it' (Thailand, fat chance) "Intent" does have legal meaning in the judicial system of the world.

[Old Man River]

there was only the intent to bribe, but no actual bribery taking place. Since no harm no foul, there seems to be no case to prosecute as it relates to the CTX Scanners.

why start it again?

I was responding to another poster who brought it up. The CTX Scanner case is about corruption in Thailand as it relates to construction contracts. This thread is about corruption in Thailand as it relates to construction contracts.

I am glad you are having a good day and feeling good about yourself, but please don't tell me when I can have an opinion on something and when I can't.

[Old Man River]

This is like useing the argument , ' when he attempted to kill someone he missed with the shoot' or the robbery of the bank did not happen because 'the police happened by and put a stop to it' (Thailand, fat chance) "Intent" does have legal meaning in the judicial system of the world.

Actually, I have seen it go both ways in the US and that is the US. Of course, not in murder cases or armed robberies (the examples you use), but in embezzlement cases. Hence, even in a country like the US, intent is not as cut and dry as one would think.

In Thailand, politics is often involved in high profile cases like this and there certainly are a lot of people who would like to see Samak out as PM and the PPP embarrassed publicly (more so than already). Apirak is looking into this as Bangkok Governor since it involves the BMA. Apirak is no fool so let's wait before we go back in the "fat chance in Thailand" mode.

[Plus]

..please don't tell me when I can have an opinion on something and when I can't.

I always give a lot of consideration to your opinions, I consider them "educated", but this last one is truly puzzling.

I always thought you care about how you are percieved on this forum, if not by me, than by members at large. Are you saying now that you don't really care if I consider your opinions as having as much weight as someone's like Sunrise? Cos if you continue with pressing your right to state any nonsense you wish just because it's freedom of speech, that's where you are going to end.

CTX affair is three years old, where have you been all this time? I don't remember you, or anyone else, for that matter, claiming that there's no case in it at all.

I thought we put that to rest already.

[TAWP]

Intent to bribe is still illegal in many countries...

[A_Traveller]

Given the parallels between CTX and this case {a foreign jurisdiction finds sufficient evidence to proceed with a formal case [in the US by the SEC]}it's not surprising for the two to be reviewed. The get-out used with CTX was that there was no 'criminal' case {remember Thaksin's very careful choice of words} and so no evidence of illegal activity. The MD of Patriot claimed they had spent 300m THB and indeed as noted elsewhere an entity he controlled benefited from a payment of some 600m THB for services provided to the Airport agency.

As to the, frankly nonsense that intent to bribe is not in and of itself an offence I'm surprised by the poster as much as the post. I would argue that Section 144 could and should be used and let us also recall that assistance or facilitation is also an offence.

Yes I know that the enforcement of the law is at best marginal, but let's not delude ourself by saying it doesn't exist.

Regards

[Old Man River]

..please don't tell me when I can have an opinion on something and when I can't.

I always give a lot of consideration to your opinions, I consider them "educated", but this last one is truly puzzling.

I always thought you care about how you are percieved on this forum, if not by me, than by members at large. Are you saying now that you don't really care if I consider your opinions as having as much weight as someone's like Sunrise? Cos if you continue with pressing your right to state any nonsense you wish just because it's freedom of speech, that's where you are going to end.

CTX affair is three years old, where have you been all this time? I don't remember you, or anyone else, for that matter, claiming that there's no case in it at all.

I thought we put that to rest already.

Plus, this is going nowhere and I am not into this tit for tat. Think as you like.

[slapout]

roger on that.

[Old Man River]

Given the parallels between CTX and this case {a foreign jurisdiction finds sufficient evidence to proceed with a formal case [in the US by the SEC]}it's not surprising for the two to be reviewed. The get-out used with CTX was that there was no 'criminal' case {remember Thaksin's very careful choice of words} and so no evidence of illegal activity. The MD of Patriot claimed they had spent 300m THB and indeed as noted elsewhere an entity he controlled benefited from a payment of some 600m THB for services provided to the Airport agency.

As to the, frankly nonsense that intent to bribe is not in and of itself an offence I'm surprised by the poster as much as the post. I would argue that Section 144 could and should be used and let us also recall that assistance or facilitation is also an offence.

Yes I know that the enforcement of the law is at best marginal, but let's not delude ourself by saying it doesn't exist.

Regards

My comment on the intent issue as it related to bribery was from the Thai side and was more a comment on how things normally go here. No more no less. It has been taken out of context.

[A_Traveller]

^ Section 144 of the Thai Penal Code, so my comment was relating to the position within Thailand.

Regards

[Old Man River]

^ Section 144 of the Thai Penal Code, so my comment was relating to the position within Thailand.

Regards

Again, you have misunderstood. My fault. I am not good at these smiley faces things and in retrospect should have used one in my original comment concerning the CTX scanners and the no harm no foul comment. It is not how I really feel, but more a comment on how the scanner case has disappeared after the SEC in the US ruled that bribery in Thailand was highly likely and fined GE InVision because of it. I was, however, completely blindsided by the personal attack concerning my right to even discuss this issue on TV. I guess it is just one of those days.

[A_Traveller]

Thank you for the clarification. Often despite best {or worst} intentions subtly and nuance gets lost in this medium.

Regards

[Old Man River]

Thank you for the clarification. Often despite best {or worst} intentions subtly and nuance gets lost in this medium.

Regards

Thanks for your understanding.

I am hoping that the NCCC does follow through on this as they have agreed to look closer into it despite the case being kicked back to the AEC by the Attorney General saying their investigation was not complete. As you know, where there is smoke there is fire and there certainly is a lot of smoke surrounding this one.

[Jai Dee]

Nishimatsu accused of Thai bribe

Nishimatsu Construction Co. is suspected of using 200 million yen from its enormous slush fund to bribe a Bangkok city official in a bid to win a flood-control project, sources said.

Investigators at the Tokyo District Public Prosecutors Office have sought cooperation from Thai authorities over the alleged bribery, Thai government sources said.

The sources said Thai officials are reviewing material received from Tokyo prosecutors and will decide whether the case constitutes bribery under Thai law.

According to sources close to Tokyo-based Nishimatsu, the project in question--construction of a drainage tunnel to prevent flooding--was commissioned by the Bangkok metropolitan administration in 2003.

A joint venture formed by Nishimatsu and a local contractor won the contract for the project with a bid of about 6.6 billion yen.

At that time, Nishimatsu and the Thai contractor agreed to pay about 200 million yen each in bribes to a person who was then a high-ranking Bangkok government official, the sources said.

Nishimatsu entrusted its share of the bribe to its Thai partner. The money came from the company's slush fund worth billions of yen amassed through inflated costs of overseas projects, the sources said.

The alleged bribe came to light in July 2008. Although the Bangkok city government set up an investigative panel, local media quoted city officials as saying that the panel had found no wrongdoing.

Nishimatsu has come under scrutiny from investigators since Kazuhiko Takahara, a 63-year-old former deputy department chief of overseas operations, was arrested and indicted on charges of embezzling money from an overseas project slush fund.

Investigators are looking into the possibility that others may have played a part in unlawfully bringing slush funds into Japan.

In a similar high-profile bribery case involving foreign public officials, the former president and three other former executives at Pacific Consultants International have been indicted on charges of paying about 90 million yen in bribes to a Ho Chi Minh City official over official development assistance projects in Vietnam.

Source: IHT/Asahi - 14 January 2009

[grantbkk]

This is what happens when there is a change of government. When your party falls out of favor its time to visit whatever country your children are attending school at $30,000 to $50,000 each per year. Anyone from this government going to put those 350 firetrucks and fireboats in service?

[PoorSucker]

The sources said Thai officials are reviewing material received from Tokyo prosecutors and will decide whether the case constitutes bribery under Thai law.

:D

[mrtoad]

Is the vile Samak implicated in this one as well?

[Journalist]

Samak handed over the gubernatorial reins on 28th August 2004.

Apirak's tenure began a day later.

[UncleFrank]

This is old news. The Thai Gov. investigated itself and found no wrong doing.

Case closed.

[southerndown]

Nishimatsu accused of Thai bribe

Nishimatsu Construction Co. is suspected of using 200 million yen from its enormous slush fund to bribe a Bangkok city official in a bid to win a flood-control project, sources said.

Investigators at the Tokyo District Public Prosecutors Office have sought cooperation from Thai authorities over the alleged bribery, Thai government sources said.

The sources said Thai officials are reviewing material received from Tokyo prosecutors and will decide whether the case constitutes bribery under Thai law.

According to sources close to Tokyo-based Nishimatsu, the project in question--construction of a drainage tunnel to prevent flooding--was commissioned by the Bangkok metropolitan administration in 2003.

A joint venture formed by Nishimatsu and a local contractor won the contract for the project with a bid of about 6.6 billion yen.

At that time, Nishimatsu and the Thai contractor agreed to pay about 200 million yen each in bribes to a person who was then a high-ranking Bangkok government official, the sources said.

Nishimatsu entrusted its share of the bribe to its Thai partner. The money came from the company's slush fund worth billions of yen amassed through inflated costs of overseas projects, the sources said.

The alleged bribe came to light in July 2008. Although the Bangkok city government set up an investigative panel, local media quoted city officials as saying that the panel had found no wrongdoing.

Nishimatsu has come under scrutiny from investigators since Kazuhiko Takahara, a 63-year-old former deputy department chief of overseas operations, was arrested and indicted on charges of embezzling money from an overseas project slush fund.

Investigators are looking into the possibility that others may have played a part in unlawfully bringing slush funds into Japan.

In a similar high-profile bribery case involving foreign public officials, the former president and three other former executives at Pacific Consultants International have been indicted on charges of paying about 90 million yen in bribes to a Ho Chi Minh City official over official development assistance projects in Vietnam.

Source: IHT/Asahi - 14 January 2009

what!, bribery, sir?

in Thailand, sir?

[loong]

This is what happens when there is a change of government. When your party falls out of favor its time to visit whatever country your children are attending school at $30,000 to $50,000 each per year. Anyone from this government going to put those 350 firetrucks and fireboats in service?

Sorry, I don't understand what this has to do with the topic???

400m yen, whats that in Baht?

[Scott]

Wouldn't it be easier to look for the non-corrupt officials and fire them for stupidity? Oh, maybe they can't find any.

[hardy1943]

Wouldn't it be easier to look for the non-corrupt officials and fire them for stupidity? Oh, maybe they can't find any.

Corruption seems the the way of life in Asia., except Singapore of course. I know first hand that

THE BOEING CO. had the grease the hands of Japanese officials for many year to sell its planes.