Four Former Employees of GlobalFoundries Singapore and Company Director Charged for Alleged Offences
On 19 July 2022, four former employees of semiconductor firm GlobalFoundries Singapore Pte. Ltd. (“GFS”) and one company director will be charged in Court for alleged offences. The four former GFS employees are:
a) A Nityanandan S/O Nallathamby (“Nityanandan”) (49-year-old male Malaysian), Senior Engineer of GFS at the material time.
i. Between 2014 and 2019, Nityanandan allegedly obtained bribes totalling more than S$92,100 from the Directors of Star Technologies Services Pte. Ltd. (“STS”) and Applied Instruments Pte Ltd (“AI”) at the material time. The bribes were allegedly obtained as a reward for furthering the business interests of STS and AI with GFS respectively. For his actions, Nityanandan faces seven charges for offences punishable under Section 6(a) of the Prevention of Corruption Act, of which four charges are amalgamated charges under Section 124(4) of the Criminal Procedure Code.
ii. Between 2014 and 2018, Nityanandan allegedly conspired with the Director of STS at the material time to issue ten invoices from STS to GFS, which dishonestly concealed the fact that he had an interest in the profits of STS. Pursuant to the conspiracy, GFS was dishonestly induced to pay more than S$36,500 to STS. For his actions, Nityanandan faces three charges for offences punishable under Section 420 read with Section 109 of the Penal Code, which are amalgamated charges under Section 124(4) of the Criminal Procedure Code.
iii. Between 2017 and 2018, Nityanandan allegedly concealed more than S$60,100 of the amount he derived from his offences by instructing the Director of STS at the material time to issue a total of five cheques to a bank account that did not belong to him. Additionally, between 2014 and 2019, Nityanandan allegedly brought into Malaysia more than S$39,100 of the bribes he had obtained. For his actions, Nityanandan faces five charges for offences punishable under Section 47 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act, Chapter 65A which are amalgamated charges under Section 124(4) of the Criminal Procedure Code.
b) Cheng Tzin Loung (“Cheng”) ( 程添隆 , 48-year-old male Singaporean), Principal Engineer of GFS at the material time.
i. Between 2013 and 2020, Cheng allegedly accepted an iPad mini worth about S$878 and a red packet containing S$688, and further obtained bribes totalling more than S$54,800 from the Director of STS at the material time. These gratifications were meant as an inducement or reward for furthering the business interests of STS with GFS. For his actions, Cheng faces nine charges for offences punishable under Section 6(a) of the Prevention of Corruption Act, of which six charges are amalgamated charges under Section 124(4) of the Criminal Procedure Code.
c) Lui Tze Pin (“Lui”) (雷子兵, 50-year-old male Singaporean), Principal Engineer of GFS at the material time.
i. Between 2012 and 2015, Lui allegedly accepted or obtained bribes totalling more than S$12,400 and further accepted a red packet containing another S$200 from the Director of STS at the material time. These gratifications were meant as an inducement or reward for furthering the business interests of STS with GFS. For his actions, Lui faces five charges for offences punishable under Section 6(a) of the Prevention of Corruption Act, of which one charge is an amalgamated charge under Section 124(4) of the Criminal Procedure Code.
d) Xia Yanbin (“Xia”) (夏雁宾, 43-year-old male Singaporean), Senior Section Manager of GFS at the material time.
i. Between 2017 and 2020, Xia allegedly accepted a branded bag worth about S$1,818 and obtained bribes totalling S$24,200 from the Director of AI at the material time. These gratifications were meant as an inducement or reward for furthering the business interests of AI and GFS. For his actions, Xia faces four charges for offences punishable under Section 6(a) of the Prevention of Corruption Act, of which three charges are amalgamated charges under Section 124(4) of the Criminal Procedure Code.
2. Correspondingly, for giving gratifications to Nityanandan and Xia of GFS, Ye Naing (44-year-old male Myanmar National), Director of AI at the material time, faces six charges for offences punishable under Section 6(b) of the Prevention of Corruption Act, of which five charges are amalgamated charges under Section 124(4) of the Criminal Procedure Code.
3. 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 to both. Any person who is convicted of an offence under Section 420 of the Penal Code shall be sentenced to imprisonment of up to ten years and shall also be liable to a fine. Any person who is convicted of an offence under Section 47 of the Corruption, Drug Trafficking and Other Serious Crimes (Confiscation of Benefits) Act, Chapter 65A shall be sentenced to imprisonment of up to ten years or fined up to S$500,000 or to both.
4. 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:
Corrupt Practices Investigation Bureau