Deferred Prosecution Agreement for Marubeni Corporation, with Payment of $54.6 Million to Conclude TSKJ Nigeria Case
On January 17, 2012, a criminal information was filed against the Japanese trading company, Marubeni Corporation, in the U.S. District Court for the Southern District of Texas, charging the company with conspiracy to violate the FCPA and with aiding and abetting violations of the FCPA. Marubeni reached a two-year deferred prosecution agreement with the DOJ, and Marubeni will pay US $54.6 million to the DOJ; if Marubeni abides by the terms of the agreement, the criminal information will be dismissed upon the expiry of the two year period. The four-company joint venture TSKJ employed Marubeni between 1995 and 2004 to obtain contracts to build natural gas facilities in Nigeria. The joint venture partners were Technip S.A., Snamprogetti Netherlands B.V., Kellogg Brown & Root Inc. (KBR), and JGC Corporation. The Compendium summary about this matter may be accessed here:
https://www.traceinternational2.org/compendium/view.asp?id=381
Former ABB Manager John O’Shea Acquitted of Bribery Charges
On January 16th, 2012, the U.S. District Court for the Southern District of Texas acquitted former ABB manager John O’Shea of charges that, through a third party intermediary, he bribed Mexican officials and hid the payments. O’Shea had been accused of paying executives of Mexico’s state-owned electricity company in order to obtain lucrative contracts for ABB. The Compendium summary about this matter may be accessed here:
https://www.traceinternational2.org/compendium/view.asp?id=164
Court Orders Payment of Investor Gains in Mabey & Johnson Case
Concluding an action brought in the High Court by the Serious Frauds Office, Mabey Engineering (Holdings) Ltd, has been ordered to pay over GBP130,000 as payment for share dividend earnings attributable to contracts obtained by the company unlawfully. The contracts were for construction projects in Iraq. In announcing the settlement, the SFO emphasized its intention to use the civil recovery process to pursue institutional investors who have profited from illegal conduct. The Compendium summary regarding this matter may be accessed here:
https://www.traceinternational2.org/compendium/view.asp?id=98
Former Innospec Ltd Director, David Turner, Pleads Guilty to Corruption
On January 17th, 2012, former Innospec Limited Global Sales and Marketing Director, Dr David Turner, pleaded guilty to three counts of conspiracy to corrupt at the Southwark Crown Court in London. Two counts charged Turner with conspiracy to make illegal payments to government officials in Indonesia and Iraq between 2002 and 2008, in order to obtain contracts to supply the company’s products, or to reward officials for having awarded the chemical supply contracts. Dr Turner also pleaded guilty to one charge of conspiracy to corrupt Iraqi officials by payment money to ensure that tests on a competitor’s chemical product would produce unfavorable results. The SFO investigation was assisted by the US Department of Justice, the US Securities & Exchange Commission, the City of London Police and the Cheshire Constabulary. The Compendium summary about this matter may be accessed here:
https://www.traceinternational2.org/compendium/view.asp?id=174
