Sweden The National Anti-Corruption Unit (NACU) 1. History In 2003, the Prosecutor-General created the National Anti-Corruption Unit (NACU). 2. Structure The unit initially consisted of three prosecutors but expanded to five prosecutors and one economist in spring 2005. 3. Function The NACU focuses on corruption and corruption-related crimes nationwide and has recently handled high-profile corruption cases. Since the NACU has the same powers and functions as other public prosecutors, it is also competent in foreign bribery cases.50 The NACU does not have its own police officers or investigators, and hence it works and co-operates with the local and regional police and national investigators. Subject to the availability of resources, the National Economic Crimes Bureau may also provide financial investigators or accountants to the NACU. 4. Contact Tel: +46-8-762-1000 5. Resources http://www.oecd.org/dataoecd/20/8/35394676.pdf http://www.oecd.org/document/35/0,2340,en_2649_37447_36430371_1_1_1_37447, 00.html http://www.icac.org.hk/newsl/issue20eng/button2.htm Swedish National Economic Crimes Bureau 1. History The Swedish National Economic Crimes Bureau (in Swedish: Ekobrottsmyndigheten, EBM) is a key resource in combating economic crime. EBM commenced its
operations on 1 January 1998. 2. Structure The Economic Crimes Bureau is a centre of competence and knowledge for combating economic crime. The Bureau s approximately 400 personnel and associates comprise mainly of prosecutors, police officers, economic investigators and administrative staff who are jointly responsible for the Bureau s operational duties. The Economic Crimes Bureau has three operational units. EBM is active mainly in Sweden s metropolitan regions; Stockholm County, Gotland County, Västra Götaland County, Skåne County, Halland County and Blekinge County. More than half of the population of Sweden lives in these areas. In other parts of Sweden, EBM co-ordinates activities with the office of the prosecutor-general and the police authorities involved in combating economic crime. Following a request by a police or prosecuting authority, EBM can also assume responsibility for a criminal investigation from one of these regions. EBM s operational work is carried out in Stockholm, Göteborg and Malmö, divided into chambers, each of which consists of about 20-25 co-workers. The actual work of the chambers is undertaken in project groups where there is an interactive process between personnel who are professionally competent in certain areas and others who hold formal legal qualifications. The work is often conducted in close co-operation with experts from other authorities such as the National Tax Board including the enforcement organisation, Swedish Customs and Finansinspektionen (the Swedish Financial Supervisory Authority). The staff at the departments is employed at EBM except the police. They have their employment within the police service but are in attendance on EBM. The head of a department, who also is deputy director of public prosecution, has the overall responsibility of the work within the department. A chief prosecutor is in charge of the investigation of crime inside one chamber. The police operational activity of the department, for example exercising means of compulsion such as search and captures, are under supervision by a detective superintendent. In Stockholm, there are six chambers handling cases from Stockholm County and Gotland County.In Gothenburg there are three chambers. Gothenburg has investigation units in Borås, Skövde and Halmstad. EBM Göteborg deals with cases from Västra Götaland County and Halland County.In Malmö there are three chambers. Malmö has an investigation unit in Kristianstad and Karlskrona. The division deals with cases from Skåne County and Blekinge County. The head of the Economic Crimes Bureau is Director-General and has, when processing prosecutor issues, the status of Director of the Public Prosecution
Authority. The head of the Bureau is assisted by a Director or a Deputy Director of the Public Prosecution Authority and by a management group, with the members determined by the head of the Bureau. The Economic Crimes Bureau shall have the number of prosecutor chambers the Bureau determines. In other respects, the Economic Crimes Bureau shall decide about its organisation. 3. Function EBM s operational duties are to detect and impede crime, investigate offences and take legal proceedings against criminals. The basic meaning of an effective crime combating is an early detection of planned or ongoing criminality. Therefore, it is important for EBM to continuously have access to information about such facts. EBM also has the task of comprehensively identifying and analysing economic crime, and proposing measures as to how this crime can be most effectively combated. This includes providing the media, organisations, other government agencies and the public with information about economic crime. The prime focus of all the work undertaken by EBM is the effective prevention of economic crime. EBM s operational area primarily concerns dishonesty to creditors and tax crime as well as infringements of the Insider Penal Act and crime against the financial interests of the EU. EBM also handles other cases like serious fraud, serious embezzlement and serious swindle which require special knowledge of financial conditions, business circumstances and tax legislation and fraud that concerns EU financial interests. The Swedish National Economic Crimes Bureau is a prosecutor authority to combat economic crime. The Economic Crimes Bureau is responsible for issues concerning coordination and other measures against economic crime to the extent prescribed by this Ordinance, other legislation or decisions by the Government. The Economic Crimes Bureau is also responsible for coordination of national measures against fraud, misuse and other irregular and inefficient management and use of EU-related funds in the country. The Economic Crimes Bureau is the contact authority with the EU Commission European Anti-fraud Office (OLAF). The following cases are handled by the Economic Crimes Bureau. (1)Cases referable to the County of Stockholm, the County of Västra Götaland, the County of Skåne, the County of Halland, the County of Blekinge or the County of Gotland and i. Which relate to Chapter 11 of the Penal Code, the Act on Safeguarding of Pension Undertakings, etc., the Tax Offences Act, or the Companies Act, or
ii. The processing of which otherwise imposes special demands for knowledge of financial matters, circumstances in business life, revenue law or the like. (2) Cases relating to Chapter 9, Sections 1-3 of the Penal Code if the act concerns the financial interests of the EU and Chapter 9, Section 3 a of the Penal Code. (3)Cases relating to the Insider Trading Penalty Act for Market Abuse in Financial Instrument Trading (4)Cases that may suitably be dealt with by the Economic Crimes Bureau having regard, primarily, to the case involving qualified economic crime that is nationwide or has international links or is in the nature of principle or of great scope. Such cases may be taken over by the Economic Crimes Bureau upon the request of another prosecutor authority. If a case relates to both crime as referred to in items 1-4 and other crime (mixed crime), the case is processed at the prosecutor authority where, having regard to the circumstances, it is most appropriate. If it is uncertain where a case should be processed, the matter is determined by the Prosecutor-General. In those counties where the Economic Crimes Bureau is not responsible for the prosecutor operations, the Bureau coordinates operations relating to economic crime together with the Public Prosecution Authority. The Economic Crimes Bureau shall develop methods to make the combat of economic crime more efficient. The Bureau shall particularly monitor and analyse the development of economic crime, monitor the development of law and prepare proposals for measures. The Economic Crimes Bureau shall submit information concerning economic crime to other authorities, municipalities, business and organisations as well as to the public. 4. Achievement In its staff functions, EBM, is a central administration agency operating directly under the Government (Ministry of Justice). In its role as a government agency, EBM continuously follows and analyses economic crime and functions as a expert body for the Government in combating this kind of criminality. Duties involve drawing up proposals for legislative, organisational or other measures. EBM also prepares supporting documentation for the Government s objectives and guidelines for combating economic crime. In its role as a staff body, EBM works in collaboration with other government agencies. In this context, in addition to other agencies that have been mentioned, the National Council for Crime Prevention needs to be included. Furthermore, EBM takes proactive crime prevention measures, which are
implemented jointly with other government agencies or sector organisations and trade union organisations. A task for EBM is the responsibility for coordinating the work of government bodies in order to promote actions against ineffective or erroneous management of EU funds. The agency s mandate extends to strengthening the rule of law other countries, primarily EU candidate nations. Long-term investments in education and development of methodology are important elements of the effort to maintain and develop EBM as a centre of knowledge and competence. The Economic Crimes Bureau has designed a new economic crime training programme, primarily for prosecutors, economists and police officers. The programme is also directed at employees of other government agencies involved in combating economic crime 5. Contact Box 820, SE-101 30 Stockholm, Sweden Tel: +46-8-762 00 00 Fax: +46-8-613 40 19 E-mail: registrator.staben.ebm@ekobrottsmyndigheten.se 6. Resources http://www.ekobrottsmyndigheten.se/templates/page 1398.aspx Ordinance Containing Instruction for the Swedish National Economic Crimes Bureau (1997:898)