The former chief executive of a British chemical company faces the prospect of extradition to the US after the firm admitted million-dollar bribes to officials to sell toxic fuel additives to Iraq.
Paul Jennings, until last year chief executive of the Octel chemical works
near Ellesmere Port, Merseyside, and his predecessor, Dennis Kerrison,
exported tonnes of tetra ethyl lead (TEL), to Iraq. TEL is banned from
cars in western countries because of links with brain damage to
children. Iraq is believed to be the only country that still adds lead
to petrol.
The company recently admitted that, in a deliberate policy to maximise profits, executives from Octel – which since changed
its name to Innospec – bribed officials in Iraq and Indonesia with
millions of dollars to carry on using TEL, despite its health hazards.
The firm's Lebanese agent, Osama Naaman, was extradited and agreed this
week to plead guilty and co-operate with US prosecutors. Although the
US department of justice has run much of the case, the Serious Fraud
Office is keen to claim jurisdiction.
Senior Iraqi oil ministry officials are accused of taking British bribes throughout the
UK-US occupation, up until 2008. Ahmad al-Shamma, the deputy oil
minister in Iraq, told the Guardian he would investigate the charges.
He strongly denied courtroom allegations that he himself had taken a
free holiday in Thailand. He said he had never been to Thailand and
that a middle man involved, now under arrest in the US, may have
pocketed the alleged payment himself.
Both Jennings and Kerrison are identified in court statements by the US department of justice,
which is conducting an expanding corruption investigation and may seek
Jennings's extradition to the US, according to legal sources.
Jennings says he is not free to comment on the allegations against him.
Kerrison, who left the firm five years ago, denies wrongdoing and says
he is being made a "fall guy" by his old company. The firm agreed to
pay relatively small corporate fines of $40m (£26.7m). It said the
matter was a "deeply regrettable chapter of our history" and "nothing
like this will ever happen again". Both Jennings and Kerrison
separately obtained multi-million pound payoffs from their company.
Jennings stepped down in March 2009, and the board said it had now "replaced
members of senior management who were involved in, aware of or who
should have been aware of the criminal conduct, including Innospec's
CEO".
Jennings, now finance director of the Birmingham-based waste firm Biffa, said he could not comment because "there are
currently investigations in the UK and US into the conduct of a number
of individuals connected with Innospec".
Kerrison bought a wine estate near Cape Town, South Africa. Photos in local magazines show him
relaxed in shorts, with a celebratory glass of his own Doolhof
Sauvignon in his hand."It is not the case that I have in some way been
living off ill-gotten gains." He had no indication that he faced
prosecution or extradition, he said.
US prosecutors say multi-million dollar bribes to Iraq were agreed in 2001-3, when
Kerrison was chief executive. A formal sentencing document said:
"Innospec admits its former chief executive officer … approved payment
of the kickbacks."
Kerrison says these are "false accusations". He told us: "Obviously there has been a serious fall-down in how
Innospec has done business, including illegal transactions, and as an
ex-CEO I feel a degree of responsibility as some of it was on my
watch." But he said that he had not been personally aware of it: "I
have not authorised any bribes, backhanders, or other illegal or
dubious payments."
A decade ago, Octel decided to remain the world's only manufacturer of TEL for cars, after it was banned in the
US and Europe. They used high profits from non-western countries to
diversify into other products and to pay back investors, mainly US
hedge funds run by Connecticut billionaire Jeffrey Gendell. According
to prosecutors, the strategy included the corrupt blocking of health
campaigns.
In Iraq, bribes were paid in 2007 to sabotage field trials of MMT, a non-lead alternative additive. In Indonesia, money was
poured into a "defence of lead" campaign to pay off local politicians.
The phase-out of TEL was successfully delayed for five years. One Octel
executive wrote: "As you are aware, Indonesia was planning to go lead
free in 2000 … this obviously did not happen for a number of reasons
and since 1 January 2000 until the present, we have supplied 28,390
tons of TEL … generating $277 million in revenue."
The leniency of the corporate plea bargain caused protests from Lord Justice Thomas
this year at one of the corporate sentencing hearings in London. He
said "No such arrangement should be made again." US and UK prosecutors
agreed the firm could not afford to pay more. But the company allegedly
handed out $26m in dividends when it knew it was under investigation,
according to the US department of justice.
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