Company directors jailed for bribery over BBCW toy orders
2004-2-2
Three company directors, charged by the ICAC, were each sentenced to one year and eight months' imprisonment at District Court today (Monday) for their roles in a bribery scam in relation to the purchase of toys for BBC Worldwide Limited (BBCW).
The defendants were Daniel Jonathan Berman, 31, director of Eurasia Management Services Limited (EMS), Sydney Edels, 59, director of EMS Asia Limited (EMS Asia), and Jeffrey Everard Taylor, 42, former director of BBCW.
Taylor was also ordered to pay to BBCW a restitution of US$190,867 and ￡ 90,000.
In sentencing, Judge Saunders said an immediate custodial sentence was inevitable, since this was a case involving corruption on a significant scale and on an international basis.
The judge said the appropriate starting point was three years' imprisonment, in view of the substantial sums of money involved in the case, the circumstances and the two-year duration of the offending.
The judge added that the sentence was reduced to one year and eight months, having taken into account various mitigation factors, including the defendants' guilty pleas, health issues as well as clear records.
The defendants earlier pleaded guilty to one joint charge of conspiracy to offer advantages to an agent, contrary to Section 9(2)(a) of the Prevention of bribery Ordinance, and Section 159A of the Crimes Ordinance.
The court ordered that three other charges of conspiracy to defraud, conspiracy to accept advantages as agents, and conspiracy to deal with property known or believed to represent the proceeds of an indictable offence be left on court file.
BBCW is a subsidiary company wholly owned by the British Broadcasting Corporation (BBC). EMS was a toy sourcing agent of BBCW, while EMS Asia was a company formed by EMS in Hong Kong.
The charge stated that between July 9, 1999 and October 18, 2001, Berman, Edels and Taylor had conspired together to offer advantages to Taylor.
The advantages were reward for Taylor causing or permitting the placing of purchasing orders of goods for BBCW through EMS and EMS Asia with five toy suppliers - G.C. & Co., Ming Tat Industrial Co., Sun Shine Toys Limited, Germton Development Company Limi ted and Qualiman Industrial Co. Limited.
The court heard that Berman and Edels had received a total of about US$437,000 (about HK$3.41 million) and HK$3.05 million from the five toy suppliers through three nominee companies.
The funds were subsequently transferred into foreign bank accounts controlled by Berman, Edels and Taylor. Out of the funds, Taylor received US$190,867 and ￡ 90,000 (equivalent to some HK$2.76 million on present exchange rates).
Throughout the investigation the BBC has given full assistance to the ICAC. Jurisdictions outside Hong Kong, in particular Switzerland, also gave valuable assistance in tracing the movement of funds.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Kevin Zervos and Government Counsel Ned Lai, assisted by ICAC officers Peter Gregory and Henley Tsun.
The defendants were Daniel Jonathan Berman, 31, director of Eurasia Management Services Limited (EMS), Sydney Edels, 59, director of EMS Asia Limited (EMS Asia), and Jeffrey Everard Taylor, 42, former director of BBCW.
Taylor was also ordered to pay to BBCW a restitution of US$190,867 and ￡ 90,000.
In sentencing, Judge Saunders said an immediate custodial sentence was inevitable, since this was a case involving corruption on a significant scale and on an international basis.
The judge said the appropriate starting point was three years' imprisonment, in view of the substantial sums of money involved in the case, the circumstances and the two-year duration of the offending.
The judge added that the sentence was reduced to one year and eight months, having taken into account various mitigation factors, including the defendants' guilty pleas, health issues as well as clear records.
The defendants earlier pleaded guilty to one joint charge of conspiracy to offer advantages to an agent, contrary to Section 9(2)(a) of the Prevention of bribery Ordinance, and Section 159A of the Crimes Ordinance.
The court ordered that three other charges of conspiracy to defraud, conspiracy to accept advantages as agents, and conspiracy to deal with property known or believed to represent the proceeds of an indictable offence be left on court file.
BBCW is a subsidiary company wholly owned by the British Broadcasting Corporation (BBC). EMS was a toy sourcing agent of BBCW, while EMS Asia was a company formed by EMS in Hong Kong.
The charge stated that between July 9, 1999 and October 18, 2001, Berman, Edels and Taylor had conspired together to offer advantages to Taylor.
The advantages were reward for Taylor causing or permitting the placing of purchasing orders of goods for BBCW through EMS and EMS Asia with five toy suppliers - G.C. & Co., Ming Tat Industrial Co., Sun Shine Toys Limited, Germton Development Company Limi ted and Qualiman Industrial Co. Limited.
The court heard that Berman and Edels had received a total of about US$437,000 (about HK$3.41 million) and HK$3.05 million from the five toy suppliers through three nominee companies.
The funds were subsequently transferred into foreign bank accounts controlled by Berman, Edels and Taylor. Out of the funds, Taylor received US$190,867 and ￡ 90,000 (equivalent to some HK$2.76 million on present exchange rates).
Throughout the investigation the BBC has given full assistance to the ICAC. Jurisdictions outside Hong Kong, in particular Switzerland, also gave valuable assistance in tracing the movement of funds.
The prosecution was today represented by Senior Assistant Director of Public Prosecutions Kevin Zervos and Government Counsel Ned Lai, assisted by ICAC officers Peter Gregory and Henley Tsun.