EP Question on false accounting at Danish Institute for Human Rights

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Dear European Anti-Fraud Office (OLAF),

Under the right of access to documents in the EU treaties, as developed in Regulation 1049/2001, I am requesting documents which contain the following information:

On 1st March 2012 Mr Morten Messerschmidt, a member of European Parliament submitted a Parliamentary Question to Mrs Viviane Reding on the False Accounting at Danish Institute of Human Rights. This question is stored at http://www.europarl.europa.eu/sides/getD...
and reads :

“To what extent does the Commission monitor the money at the disposal of the European Union Agency for Fundamental Rights? This EU agency is headed, as the Commission will be aware, by its Danish director Morten Kjærum. Rigsrevisionen (the National Audit Office
of Denmark) has now revealed that there was a widespread incidence of false accounting while Mr Kjærum was head of the Danish Institute for Human Rights between 2002 and 2008, and that public funds were used, with Mr Kjærum’s knowledge, contrary to applicable
law and their intended use. Bearing in mind that the European Union Agency for Fundamental Rights has a much larger budget than the Danish body, the circumstances uncovered in relation to Mr Kjærum’s period in charge of the Danish Institute for Human Rights should give rise to a comprehensive audit of the use of resources at the EU agency, inter alia to see whether the unlawful use of public funds has continued at EU level”
In European Commission answer of 20 April 2012 Madame Reding declined EC competence on the subject stating that FRA director is responsible for all matters within his
agency and that “OLAF may also intervene whenever there are sufficiently serious suspicions of fraud, corruption or irregularities detrimental to EU financial interests.”

1. I would appreciate if you could grant me access to any relevant document or information showing if OLAF looked into the matter as suggested by Madame Reding and relevant information on how that false accounting was settled or clarified.

2. In case OLAF looked into the false accounting matters, I request access to the relevant report, including to any written statement submitted to OLAF, by Mr Morten Kjærum, or Phone call Notes, or Minutes or similar showing Mr Morten Kjærum explanations on the false accounting happened at DIHR when he served as DIHR Director.

3. Could OLAF confirm if this EP Letter signed by Mr Theurer, Chamirman of Budgetary Control Committee at European Parliament http://www.asktheeu.org/en/request/452/r...
dated 27 April 2012 has been sent to OLAF following issues raised in Mr Messerschmidt Parliamentary Question of 1st March 2012 and during the preparation of EC Answer to the MEP. Mr Theurer confirmed me through www.asktheeu.org that it was FRA the EU agency in question mentioned in that letter. Mr Theurer also granted access to the Reply by Mr Giovanni Kessler dated 12 July 2013 http://www.asktheeu.org/en/request/604/r....

Apparently, the audit performed by OLAF took more than one year. I would like to access the related OLAF REPORT drafted following Mr Theurer Letter of 27 April 2012 or any other report related to false accounting at DIHR.

As OLAF might be aware DIHR is currently a contractor of FRA and of European Commission. The list of these contracts is published in Official Journal of EU and many of them are available in this website. This is why I request access to any relevant documents or information you might have: to understand if before the awarding of these contracts to DIHR, the false accounting matters was solved by Danish Authorities and thus there were legal conditions created for DIHR to apply for and win grants and contracts at FRA and European Commission. The EC and FRA contracts are available here
and also in FTS system of EC and FRA.

Other reason of asking access to these documents and information is because the Danish Ministry had cut off funding to DIHR because of “the deliberate transfer of old losses to non-existing projects that were created for this purpose”

As you know, in order to be awarded grants or contracts, DIHR have to pass some legal requirements envisaged in EU financial rules. As can be observed looking into the dates of contracts, and Danish authorities statements, DIHR was awarded contracts and EU grants around the date Danish Ministry cut off DIHR funding.
I would like to understand if the current director of DIHR was aware about the parliamentary question by Mr Morten Messerschmidt, by false accounting at DIHR, by non-satisfactory management of External grants awarded to DIHR, including by EC.

In the frame of a grant competition organized by EC in 2012, DIHR declared that everything is in order in its activity as you can see in this Declaration on honor
and in some others disclosed by EC to the public domain and accessible at http://www.asktheeu.org/en/request/decla...

It would be much appreciated any access OLAF could grant to any document or useful information. Such access will contribute to the clarification of false accounting matters raised in Parliamentary Question of 1st March 2012, not yet resolved or if resolved, not yet disclosed to the public.
Also it will clarify the entitlement of legal entities with such problems as false accounting, to access EU funds and to win grants and contract amounted to millions of euro.
In order to get clarified on the details of my request, please find it under some more relevant links:

Thank you very much in advance for your response.

Yours faithfully,

Mike Stabenow

European Anti-Fraud Office

Dear Mr Stabenow,

We acknowledge receipt of your request dated 16 September 2013, registered in OLAF with registration number THOR(2013)23286 on the same day, in which your request access to information (EP Question on false accounting at Danish Institute for Human Rights).
You may expect to receive a reply from OLAF within 15 working days of the registration of your request.

Best regards,
European Commission
Unit C.4- Legal advice

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Mike Stabenow left an annotation ()

time limit 07/10/2013

Dear European Anti-Fraud Office (OLAF),

This is a follow up on my request registered under number THOR(2013)23286. I would appreciate receiving a response.

Yours faithfully,

Mike Stabenow