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Guide to Combating Corruption & Fraud in Infrastructure Development Projects

  • Detection
    • Complaints
      • General initial interview questions
      • How to Generate Complaints and Reports
      • List of fraud reporting sites for Multilateral Development Banks
    • Red Flags
      • Red Flags Listed by Project Cycle
      • “Visible red flags” of Implementation Fraud
      • Proactive Fraud Detection Tests
    • Due Diligence
      • “Top Five” Due Diligence Background Checks
      • Free and Subscription Internet Sites
      • Local and On-Site Due Diligence Checks
      • Due Diligence Service Providers
  • Proof
    • Proving Common Schemes
      • Corruption Schemes
      • Bid Rigging Schemes
      • Collusive Bidding Schemes
      • Fraud Schemes
      • The Basic Steps of a Complex Fraud and Corruption Investigation
    • Elements of Proof for Sanctionable Offenses
      • Elements of Proof of Corrupt Practices
      • Elements of Proof of Obstructive Practices
      • Elements of Proof of Coercive Practices
      • Elements of Proof of Collusive Practices
      • Elements of Proof of Fraudulent Practices
  • Evidence
    • The Basics of Evidence for Investigators
  • Prevention
    • Anti-fraud Resources
Home » Proof » The Elements of Proof for Sanctionable Offenses » Elements of Proof of Obstructive Practices

Elements of Proof of Obstructive Practices

Definition

“Obstructive practices” are defined as:

 (aa) deliberately destroying, falsifying, altering or concealing of evidence material to the investigation or making false statements to investigators in order to materially impede an investigation into allegations of a corrupt, fraudulent, coercive or collusive practice and/or threatening, harassing or intimidating any party to prevent it from disclosing its knowledge of matters relevant to the investigation or from pursuing the investigation, or

(bb) acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under par. 1.14 (e).

Elements of proof

Clause (aa):

Deliberately destroying, falsifying, altering or concealing of evidence   

“Deliberately” means to act intentionally and willfully, as opposed to accidently or negligently.  

Material to the investigation    

“Material” means evidence that is relevant to the investigation and important enough to potentially affect its outcome. 

Or making false statements to investigators  

The false statement must be made knowingly and willfully and includes statements by project or government officials or private parties. 

In order to materially impede an investigation  

Here “materially” means to significantly impede (delay, block or defeat) an investigation or to attempt do so. 

Into allegations of a corrupt, fraudulent, coercive or collusive practice 

The offense covers only investigations into violations of the above practices.

And/or threatening, harassing or intimidating any party  

“Party” includes any public or private entity, individual or company.

To prevent it from disclosing its knowledge of matters relevant to the investigation, or from pursuing the investigation 

This section also prohibits attempts to do so, whether or not successful.

Clause (bb):   

Acts intended to materially impede the exercise of the Bank’s inspection and audit rights provided for under par. 1.14 (e) 

This clause provides a very broad prohibition of any act that is intended to impede the exercise of audit rights.

 

Category: Proof, The Elements of Proof for Sanctionable Offenses

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