Return Stolen Money, You Are Free!
The Jakarta Post, Thursday, 02/26/2009

The startling revelation (The Jakarta Post, Feb. 21, p. 5) that the Attorney 
General's Office has an unofficial policy of often allowing graft suspects to 
walk free and avoid prosecution altogether if they return stolen State moneys 
in full, simply defies belief.

This unofficial policy effectively amounts to the elimination of substantially 
all risk for graft suspects. It would seem to suggest that corrupt people can 
safely embezzle state moneys, secure in the knowledge that the likely worst 
outcome, even if they are caught, is that they will simply have to return the 
moneys.

This surely adds new meaning to the usually understood implications of gambling 
on tossing a coin - in other words, under the Attorney General's approach, the 
alternative outcomes for the corruptor are now most likely to be "tails, I win" 
(don't get caught and keep the money), or "heads, I break even" (get caught, 
return the money and walk free).

What a great gambling opportunity for corruptors!! Almost anyone would be 
willing to take this "bet"!!

The justification for this novel approach by the Attorney General's Office is 
said to be the Attorney General's concern for the recovery of state monies.

With great respect to the Attorney General, this stated justification 
completely ignores what most people would regard as being the primary function 
of his Office; namely, ensuring the rigorous enforcement of the law (including 
the laws against corruption) and the efficient prosecution of wrongdoers.

Recovering the proceeds of wrongdoing is something which normally only comes 
after the prosecution of the wrongdoer.

At most, the willingness of the graft suspect to return all the corrupted State 
monies should be a court sentencing consideration which may justify reduced 
jail time. It certainly should not allow the corruptor to avoid prosecution 
altogether. What can the Attorney General be thinking?

William A. Sullivan 
Jakarta


Source: THE JAKARTA POST
URL: 
http://www.thejakartapost.com/news/2009/02/26/letter-return-stolen-money-you-are-free.html




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