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Kemal Čaušević case: Bribes for customs exemption

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  • Bosnia and Herzegovina

Kemal Čaušević case: Bribes for customs exemption

Case Date(s)
03/2017
Case Updated
05/2024

Case Summary

Phase

2nd instance verdict

Offence

  • Bribery of public officials

Sector

  • Wholesale and retail trade
  • Transportation and storage
  • Public administration and defense; compulsory social security

Institution

  • Administration for Indirect Taxation of Bosnia and Herzegovina

Involved people

Allegedly involved people Kemal Čaušević Director of Indirect Taxation Authority of Bosnia and Herzegovina
Kemal Čaušević
Politically exposed
No
  • ​​Bribery of public officials​
  • ​​Laundering of proceeds of crime​
  • Abuse of functions

In May 2021, Kemal Čaušević, the former director of the Indirect Taxation Authority of Bosnia and Herzegovina, received a prison sentence in a first-instance verdict for accepting bribes in relation to textile import and for money laundering. While the appellate council annulled the money laundering part of the first-instance verdict, it increased the sentence for bribery, and Čaušević began his prison sentence of five-and-a-half years in May 2024.

In May 2021, Kemal Čaušević, the former director of the Indirect Taxation Authority of Bosnia and Herzegovina, received a prison sentence in a first-instance verdict for accepting bribes in relation to textile import and for money laundering. While the appellate council annulled the money laundering part of the first-instance verdict, it increased the sentence for bribery, and Čaušević started to serve his five-and-a-half-year prison sentence in May 2024.

Čaušević was arrested in a major police raid known as Pandora in June 2014, along with 53 other people, but his trial began only in 2017. According to the first-instance verdict, Čaušević promised preferential treatment to two textile importers in exchange for bribes, and reportedly received at least BAM1.7 million (app. €870,000) between 2007 and 2011. These bribes enabled the importers to pay lower customs taxes, avoid detailed checks of their trucks and have their invoices accepted by the authorities even though they had incorrect data. Čaušević then reportedly used the bribe money to purchase various properties, including apartments and office spaces, worth over BAM1 million (app. €500,000). These properties as well as BAM575,000 (app. €290,000) were confiscated from Čaušević. He was acquitted on the third count, related to the accusation of abuse of official position for enabling the company Glas Srpski – Grafika A.D. Banja Luka to get an unlawful property benefit to the amount of BAM200,000 (app. €100,000).

In October 2022, the appellate council of the court of Bosnia and Herzegovina partially annulled the first-instance verdict by cancelling the money laundering part of the verdict, but confirmed and increased the sentence for accepting bribes, from the original four to five-and-a-half years in prison. The trial was renewed for the part of the indictment that related to money laundering and confiscation of property benefits. The appellate council acquitted Čaušević of charges of money laundering as it was not proven that he used the bribery money to purchase the properties. However, the council ruled to confiscate the illegally acquired benefits amounting to BAM1.7 million (app. €870,000). In addition, a temporary measure was adopted prohibiting the disposal of eight properties until he returns the illegally acquired BAM1.7 million. As he failed to pay the amount within the deadline, the state initiated a forcible collection that may include selling the properties. However, the court cases, launched against Čaušević by his family members who claim that part of his blocked property belongs to them, may make this process more difficult.

In May 2024, Kemal Čaušević his prison sentence, despite his previous requests for delay. This case points to serious corruption risks in some of the key public-sector institutions, that are responsible for tax collection and may further undermine public trust in institutions in Bosnia and Herzegovina. This case points to serious corruption risks in some of the key public-sector institutions, that are responsible for tax collection and may further undermine public trust in institutions in Bosnia and Herzegovina.

Further details

JURISDICTION/COURT

State/court of Bosnia and Herzegovina (Sud BiH)

LAWS (ALLEGEDLY) BREACHED

Criminal Law of Bosnia and Herzegovina, Article 217, section 1, Receiving gifts and other forms of benefits.

FINAL SANCTION OR MEASURE

Prison sentence of 5 years and 6 months and a monetary fine of BAM1.7 million (app. €870,000)

PROSECUTOR

Dubravko Čampara

JUDGE

Redžib Begić, Hilmo Vučinić (presiding judge), Mirko Božović

DEFENCE COUNSEL

Suad Sultanić

Dragiša Jokić

SOCIAL HARM ON SDGs

16 Peace, justice and strong institutions

12 Responsible Consumption and Production

Cases like this can undermine public trust in state institutions and their officials and send a message that paying taxes and following the letter of the law Is not worthwhile. Kemal Čaušević, as the former director of the Indirect Taxation Authority of Bosnia and Herzegovina, was accused of accepting bribes, money laundering and abuse of official position. These accusations point to systemic corruption that threatens economic development and fairness in business, and additionally worsens public perception of corruption.

Although Čaušević was finally acquitted of accusations of money laundering, he was found guilty of accepting bribes amounting to at least BAM1.7 million (app. €870,000) from textile importers to give them preferential treatment at the expense of other businesses.

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Every effort has been made to verify the accuracy of the information contained in this database. All information is believed to be correct as of 05/2024. Nevertheless, Transparency International cannot accept responsibility for the consequences of its use for other purposes or in other contexts.

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