Three Charged for Alleged Offences

On 11 November 2022, the following three individuals were charged in Court for allegedly committing corruption, cheating and money laundering offences:

a)    Harish Singhal (“Harish”) (59-year-old male, Indian), a Construction Manager at MODEC Offshore Productions System (Singapore) Pte Ltd (“MOPS”) at the material time;

b)    Gopinath Kuppusamy (“Gopinath”) (52-year-old male, Indian), Chief Engineer at MOPS; and

c)     Kottaki Srinivas Patnaik (“Patnaik”) (53-year-old male, Indian) Director of Neptune Ship Management Pte Ltd (“Neptune”) at the material time.

Alleged Corruption Offences

2. Between 2011 and 2016, Harish allegedly conspired with four others to corruptly accept gratifications totaling about US$942,000 and S$165,000 from Patnaik as a reward for advancing the business interest of Neptune with MOPS.

Alleged Money Laundering Offences

3. Between 2012 and 2013, Harish allegedly conspired with Patnaik and three others to disguise about US$313,000 of the benefits from the criminal conduct in the form of 12 fictitious invoices for payments from Staghorn Marine Services Pte Ltd in India and Staghorn Marine Services Incorporated in Dubai to Neptune.

Alleged Cheating Offences

4. Between 2018 and 2021, Harish allegedly conspired with Gopinath and two others to cheat MOPS when they dishonestly concealed from MOPS that they are entitled to a share of earnings from the payments MOPS made to Staghorn Marine Services Pte Ltd (“Staghorn Singapore”). This was done when approving the invoices issued by Staghorn Singapore to MOPS. As a result, MOPS was deceived into paying approximately a total of US$4,644,000, S$1,332,000 and RMB1,265,000 to Staghorn Singapore.

5. For their alleged actions, the three individuals face the following charges:

a) Harish Singhal

i) Three charges for offences punishable under Section 6(a) read with Section 29(b) of the Prevention of Corruption Act (Cap. 241) of which two are amalgamated under Section 124(4) of the Criminal Procedure Code 2010;

ii) Two charges for offences punishable under Section 6(a) read with Section 29(a) of the Prevention of Corruption Act (Cap. 241) which are amalgamated under Section 124(4) of the Criminal Procedure Code 2010;

iii) Four charges for offences punishable under Section 420 read with Section 109 of the Penal Code (Cap 224), which are amalgamated under Section 124(4) of the Criminal Procedure Code and read with Section 124(8) of the Criminal Procedure Code 2010; and

iv) One charge for an offence under Section 47(1)(a) and punishable under Section 47(6)(a) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) read with Section 109 of the Penal Code (Cap 224), which is amalgamated under Section 124(4) of the Criminal Procedure Code 2010.

b) Gopinath Kuppusamy

i) Two charges for offences punishable under Section 6(a) read with Section 29(a) of the Prevention of Corruption Act (cap 241), which are amalgamated under Section 124(4) of the Criminal Procedure Code 2010;

ii) One charge for an offence punishable under Section 6(a) read with Section 29(b) of the Prevention of Corruption Act (Cap. 241); and

iii) One charge for offence under Section 420 read with Section 109 of the Penal Code, Cap 224 which is amalgamated under Section 124(4) of the Criminal Procedure Code and read with Section 124(8) of the Criminal Procedure Code 2010.

c) Kottaki Srinivas Patnaik

i) Five charges for offences punishable under Section 6(b) of the Prevention of Corruption Act (Cap. 241), of which four are amalgamated under Section 124(4) of the Criminal Procedure Code 2010; and

ii) One charge for offence under 47(1)(a) and punishable under Section 47(6)(a) of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act (Cap. 65A) read with Section 109 of the Penal Code, which is amalgamated under Section 124(4) of the Criminal Procedure Code 2010.

6. Singapore adopts a strict zero-tolerance approach towards corruption. Any person who is convicted of a corruption offence can be fined up to S$100,000 or sentenced to imprisonment of up to five years or both. Any person who is convicted of an offence to cheat and dishonestly induce a delivery or cause the delivery of property can be fined and sentenced to imprisonment of up to ten years. Any person who is convicted of an offence under the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act can be fined up to S$500,000 or sentenced to imprisonment of up to ten years or both.

7. Companies are strongly advised to put in place robust procedures in areas such as procurement and internal audit to prevent falling victim to corrupt acts by their employees. Guidance for companies on measures to prevent corruption can be found in PACT: A Practical Anti-Corruption Guide for Businesses in Singapore, which is available on CPIB’s website. Companies are also strongly encouraged to obtain certification under the Singapore Standard (SS) ISO 37001 – Anti-Bribery Management Systems, which is designed to help companies implement or enhance an anti-bribery management system to reduce corporate risk and costs related to bribery.

Reference Links:

• PACT: A Practical Anti-Corruption Guide for Businesses in Singapore
  

• SS ISO 37001

Corrupt Practices Investigation Bureau