Global Compliance from a Practical Dutch Perspective. From fighting windmills and a finger in the dyke towards a robust Delta Compliance Plan
J. Wiebenga LL.M, M.C.C.*
Part of the Houthoff Buruma National Compliance Debate 2011, by J. Wiebenga LL.M, M.C.C.*
The plum tree – A story
Johnny saw some fine plums hanging,
Oh! like eggs, so very large;
Johnny seemed about to pluck them,
Though against his father’s charge.
Here is not, said he, my father,
Nor the gard’ner near the tree,
From those boughs so richly laden,
Five or six plums – who can see?1
Introduction
This famous Dutch verse written
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for schoolchildren in the
18th century by Hieronymus van Alphen, a Dutch poet and
Attorney General at the Court of Utrecht, was cited by judge
Verpalen of the Haarlem Court at the start of the Amsterdam
Zuidas Property Fraud case in early 2011. This case involved
former directors at Philips Pension Fund and Rabo
Bouwfonds, who allegedly channelled 200 million euros
into their own accounts. The tone and the gist of the court
case was set, but the defence attorney successfully sought
recusal arguing that the bench had created ‘an impression
of partiality’ by suggesting that the suspects may have assumed
that Philips and the Rabo bank were too big to miss
some ‘plums’. By the time this article has been published
the court verdict will most likely be known publicly.
Although judge Verpalen seemed to hit the nail on the head,
unfortunately for him he did so in the wrong place, at the
wrong time. Ernst & Young revealed in a 2006 survey report:
‘A perceived opportunity for fraud exists when an employee
believes he can override anti-fraud controls, for
example, because the individual is in a position of trust or is
aware of weaknesses in the control environment. Fraudsters
can often rationalise their actions because they can justify
to themselves the circumstances that allow them to commit
a dishonest act. Even otherwise honest individuals can commit
fraud in an environment that imposes sufficient pressure
on them, whether this originates from sources inside or outside
the organisation.’2
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