On 10 May 2024, Romy Andrianarisoa, the former Chief of Staff to the President of Madagascar and her associate Philippe Tabuteau, were collectively sentenced to five years and nine months in prison. Both had been convicted of bribery after attempting to solicit a bribe from Gemfields Group Ltd (Gemfields), a UK-based mining company that specialises in the responsible mining of rubies and emeralds.

Andrianarisoa contacted Gemfields and offered to assist in securing contracts for exclusive mining rights with the Madagascan government. Several meetings took place between the parties in which Andrianarisoa advised that she had considerable influence over the country's leadership. At these meetings, Andrianarisoa and Tabuteau requested substantial sums of money in exchange for an "invitation to initiate collaboration" from the Madagascan government. They requested payment of approximately £225,000 (or US$285,000) in addition to a 5% equity stake in the prospective mining licence process, which could have been worth in the region of £4 million.

In April 2023, Gemfields contacted the National Crime Agency (NCA) to report its concerns around potential bribery. The NCA launched a covert investigation and deployed the use of an undercover officer to engage in negotiations with Andrianarisoa and Tabuteau. Following the investigation, both were arrested in London in August 2023, at which point Andrianarisoa was suspended from the Madagascan government.

In audio recordings released by the NCA, Andrianarisoa can be heard emphasising her influence on the Madagascan government: "Once we introduce you to the boss...Well, before we introduce you to the boss, and this is something that we're working on, we need to get the field ready, which means we need to work on, who is Gemfields, and why would we choose Gemfields, and the...I'm very honest, but also very humble, the value of my words is what the boss is listening to."

At another point she also stated: "There is my work in terms of supporting the government and the country in terms of development […], but there is also my work of, you know, earning my life."

Tabuteau pleaded guilty in September 2023 and was sentenced to two years and three months. Andrianarisoa was convicted by a jury in February 2024 and sentenced to three years and six months.

Andy Kelly, Head of the International Corruption Unit at the NCA, noted that the investigation into Andrianarisoa and Tabuteau "demonstrates the ability of the ICU to capitalise on cooperation from industry, and the determination of our officers to bring to justice those who undermine the rule of law".

During sentencing, Justice Christopher Butcher noted that the sentences were the "least which I can impose to reflect the seriousness of the offending". He also commended Gemfields' "honesty and integrity" in the matter and noted that the NCA had conducted an "exemplary operation".

Key points to note:

• Only 10 months passed between Gemfields reporting its concerns around bribery and corruption and Andrianarisoa being convicted in February 2024. The swift investigation by the NCA and subsequent prosecution can be seen as an example of the UK's increased commitment to investigating and prosecuting bribery and corruption offences.
• Since the introduction of the Bribery Act in 2010, the Serious Fraud Office (SFO) has prosecuted the vast majority of complex foreign bribery cases. However, this case illustrates the renewed focus of other prosecuting authorities and could be seen to provide an example as to how the SFO could approach future investigations. In February 2024 the Director of the SFO stated his intention for the SFO to become "bolder, more pragmatic, more proactive" and crucially for cases to be dealt with faster.
• This case demonstrates the importance of organisations being aware of their regulatory environment and having an established compliance process and culture of raising concerns to enforcement agencies.

If you need any further information or support in relation to your organisation's anti-bribery compliance procedures, please reach out to any of the individuals listed in the Key Contacts.