Sanctions Committee
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Sanction Code

SNC23

Project Name
Program to Improve the Equity and Strengthen Health Services
Program to Strengthen Results-Based Management in the Health Sector
Country
Dominican Republic
Panama
Prohibited Practice(s)
Corrupt Practice
Fraudulent Practice
Nationality
Spain
Year
Type of Sanction
Debarment

Duration

120
Months
Prohibited Practice(s) Text

Fraudulent Practices: The Sanctions Committee found that the preponderance of evidence indicated that the Respondent Firm (the “Respondent”) had misrepresented information in its offer regarding the key personnel responsible for the execution of the contract, to deceive the executing agency and to obtain a financial benefit derived from the award of the contract. The Respondent also misrepresented the qualifications of auditors who performed technical and financial audit functions in the execution of the contract, to deceive the executing agency and to circumvent the requirements of the contract and avoid fines.

Corrupt Practice: The Sanctions Committee found that it was more likely than not that the Respondent had engaged in a corrupt practice by giving money to public officials involved in one of the programs, to improperly influence them.

Synopses

The Respondent was awarded two contracts to deliver external technical audit services for the following programs: (i) Program to Improve Equity and Strengthen Health Services and (ii) Program to Strengthen Results-Based Management in the Health Sector (the “Programs")

The Office of Institutional Integrity (“OII”) submitted a Statement of Charges and Evidence against the Respondent and others for allegedly engaging in corrupt and fraudulent practices related to the Programs.  OII’s specific allegations were that during the process of awarding the contract for one of the Programs the Respondent engaged in fraudulent practices by misrepresenting information concerning the key technical personnel. In addition, the Respondent participated in the inclusion of false information regarding the academic qualifications and professional experience of the auditors during the execution of the contract for one of the Programs. Further, OII presented allegations against the Respondent for engaging in a corrupt practice by offering money to public officials to improperly influence their actions.

Consequently, and in accordance with the Sanctions Procedures, the Sanctions Officer (“SO”) issued a Notice of Administrative Action (“Notice”) to the Respondent. In the Response to the Notice, the Respondent denied the allegations presented by OII. Following the issuance of the Notice and reviewing the Respondent’s Response, the SO issued a Determination finding that the Respondent had engaged in corrupt and fraudulent practices. The SO imposed a debarment against the Respondent. In accordance with the Sanctions Procedures, the Respondent appealed the SO’s Determination before the Sanctions Committee (the “Committee”). The Respondent denied committing the prohibited practices.

Following a de novo review of the written record (including the Statement of Charges, the Notice, the Respondent’s Response, the SO’s Determination, Respondent’s Appeal and OII’s Reply), the Committee concluded that it was more likely than not that the Respondent had engaged in corrupt and fraudulent practices. The Committee imposed a ten (10) year-debarment period in which the Respondent will be ineligible to participate or be awarded contracts for projects or activities financed by the Bank. The Committee took in consideration the following aggravating factors: (i) repeat pattern of sanctionable conduct, (ii) lack of cooperation with the investigation, and (iii) degree of harm to project. The Committee did not consider mitigating factors.

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