THE police investigation into the Bermuda Housing Corporation highlighted a need for modernisation of the island's antiquated laws. We took a look at some of the relevant laws on economic crime as detailed in the existing Criminal Code.

For the record, all mention of the word "official" implies any person who is employed in public service or holds public office and is making decisions in that capacity. The word "agent" refers to one employed by or acting for another, and includes persons serving under the Crown.

q Official corruption: Where an official agrees to, attempts to, or in actuality, "asks, receives or obtains" any property or benefit for himself or for any other person, with the understanding that he will perform or overlook a service.

It also applies where a person offers to, attempts to, or in actuality, "gives, confers, or procures or promises", a good, service, or favour to benefit an official in exchange for an omission or act on their part.

A misdemeanour, offenders face imprisonment of three years.

q Extortion by public officers: Defined where an official accepts promises of, or receives, "any reward beyond his proper pay" in the performance of his duty. Offenders face 12 months' imprisonment.

q False claims by public officers: Where an official, required or enabled to provide returns or statements, alters any remuneration "payable or claimed to be payable to himself or any other person" or alters those records required by law, certifying an honest transaction of payment of money or delivery of goods.

Officials who present returns or statements on any such matter which they know to be "false in any material" may be found guilty of a summary offence, and therefore liable to a 12-month prison sentence.

q Corrupt practices: Where an agent attempts, or agrees to accept or obtain any gift or consideration from a person for himself or on behalf of another, "as an inducement or reward" for any act showing favour or disfavour regarding his employer's affairs or business or persons involved with them.

Also, where any person gives, agrees to give or offers "any gift or consideration to any agent as an inducement or reward" for any act showing favour or disfavour regarding his employer's affairs or business or persons involved with them.

It also encompasses persons who knowingly give an agent "any receipt, account or other document" in which the employer has an interest and "which contains any statement which is false or erroneous or defective" and agents who knowingly use such information to deceive their employer.

Offenders found guilty in Magistrates' Court face a 12-month sentence. If the case is brought before Supreme Court, offenders face a two-year sentence, a fine of up to $10,000 or both.

q False accounting by public officers: Where an officer in control of public revenue or property knowingly provides a false statement regarding those affairs. Offenders in Magistrates' Court face a 12-month sentence. If indicted, persons charged face two years in prison.

q Definition of false pretence: "Any representation made by words, writing or conduct, either past or present, which representation is false in fact, and which the person making it (knows it) is a false pretence."

q Obtaining property by false pretences; alternative convictions of other offences: "Any person (who) obtains from any other person anything capable of being stolen, or induces any other person to deliver to any person . . . is guilty of a felony, and is liable to imprisonment for seven years. Such persons may be arrested without a warrant."

As well, the Act states it is immaterial how the thing is obtained, or that its delivery is induced "through the medium of a contract induced by the false pretence".

Once an indictment has been made charging a person with false pretence or intent to fraud, a person may be convicted on a number of counts including:

1. Stealing the property.

2. Procuring another to steal the property, or to obtain or induce the delivery of the property by a false pretence and with intent to defraud.

3. Obtaining or inducing the delivery of any property or money by means of a fraudulent trick or device.

A person charged faces trial in Magistrates' Court and, if convicted, a fine of $600 and a 12-month prison sentence.