In a significant legal outcome, Mr A has been sentenced to three years and 14 days in prison for his role in bribing a former Australian Taxation Office (ATO) official. Mr A paid bribes to Mr B, an ATO employee, in exchange for the reduction of millions of dollars in personal and business tax debts and the provision of restricted information over a period of five years. The District Court of New South Wales handed down the sentence on 19 August 2024 following a guilty plea in December 2023.
Serious charges under the Criminal Code
Mr A was convicted of two serious contraventions under sections 141.1(1) and 142.1(1) of the Criminal Code (Cth): bribing a Commonwealth public official and offering corrupting benefits to a public official. These charges highlight the gravity of the case, which was marked by blatant acts of corruption.
The August 2016 bribery incident
One notable incident took place in August 2016, when Mr A brazenly handed over $100,000 in cash to Mr B at Granville railway station. The money, contained in a white plastic bag, was given in exchange for Mr B’s intervention in an audit, ensuring a favourable outcome for Mr A and his associated business. Mr B’s actions not only wiped out significant tax liabilities but also ensured that no penalties were imposed on Mr A.
Court’s emphasis on the seriousness of bribery
The court emphasised the seriousness of the bribery, noting that bribing a public official is a grave offence that undermines trust in public institutions. In the court’s words:
“The bribery of a Commonwealth official is a very serious crime. Whilst a public official who accepts a bribe commits an offence involving a serious breach of trust, the conduct of the person bribing the official is not invariably less serious.”
Mr B’s sentence and ongoing prosecutions
Mr A’s sentencing comes after the March 2024 imprisonment of Mr B, who received a five-year sentence for his role in the corrupt scheme. Additionally, a third individual involved in aiding and abetting the bribe payment is set to be sentenced in November 2024, following a guilty plea.
Operation Barker: A joint anti-corruption effort
This case is the result of Operation Barker, a joint investigation initially launched by the Australian Commission for Law Enforcement Integrity (ACLEI) and the ATO, which later transitioned to the National Anti-Corruption Commission (NACC). The case was prosecuted by the Office of the Director of Public Prosecutions (CDPP) and marks the fourth conviction secured by the NACC since its establishment in July 2023.
Broad support for the investigation
The investigation received widespread support from various Australian law enforcement and regulatory bodies, including the Australian Federal Police (AFP), New South Wales Police Force (NSWPF), the Department of Home Affairs, the Australian Securities and Investment Commission (ASIC), and the Australian Transaction Reports and Analysis Centre (AUSTRAC).
Commitment to combatting corruption
This sentencing underscores the Australian government’s commitment to rooting out corruption and holding those who attempt to undermine the integrity of its public institutions accountable.
