Bonny Island Bribery Club Statistics

    Bonny Island.

    It is located at the southern edge of the Niger delta of Nigeria. (see here).

    It is the location featured in several corporate and individual FCPA enforcement actions - actions that have thus far resulted in approximately $1.3 billion in fines, penalties and disgorgement.

    This number is sure to grow as one member of the joint venture at the center of bribery scheme - JGC of Japan - has yet to resolve its exposure although (as noted in this post from the FCPA Blog) it has confirmed that it is discussions with the DOJ.

    In addition, the DOJ, in its indictments of Jeffrey Tesler and Wojciech Chodan, is seeking forfeiture of $132 million.

    Further, as noted in this prior post, Halliburton has disclosed that it faces exposure in the U.K. in connection with a Serious Fraud Office investigation of M.W. Kellogg Company ("MWKL"), a United Kingdom joint venture 55% owned by KBR. In its most recent 10-Q (here) Halliburton stated:

    "MWKL is cooperating with the SFO’s investigation. Whether the SFO pursues civil or criminal claims, and the amount of any fines, restitution, confiscation of revenues or other penalties that could be assessed would depend on, among other factors, the SFO’s findings regarding the amount, timing, nature and scope of any improper payments or other activities, whether any such payments or other activities were authorized by or made with knowledge of MWKL, the amount of revenue involved, and the level of cooperation provided to the SFO during the investigations. MWKL has informed the SFO that it intends to self-report corporate liability for corruption-related offenses arising out of the Bonny Island project. MWKL has received confirmation that it has been admitted into the plea negotiation process under the Guidelines on Plea Discussions in Cases of Complex or Serious Fraud, which have been issued by the Attorney General for England and Wales."

    While the Bonny Island Bribery Club statistics are not yet final, this post provides a detailed breakdown of the current statistics.

    Kellogg Brown & Root LLC / Halliburton Company / KBR Inc. (Feb. 2009)

    Attorneys: Paul, Hastings, Janofsky & Walker LLP

    DOJ

    Entity: Kellogg Brown & Root LLC

    Charges: Conspiracy to Violate the FCPA (1 Count), Substantive FCPA Anti-Bribery Violation (4 Counts)

    Resolution Vehicle: Criminal Information and Plea Agreement

    Benefit Received From Improper Payments: $235.5 Million

    Sentencing Guidelines Range: $376.8 Million - $753.6 Million

    Amount of Fine: $402 Million

    Monitor: Yes - Three Years

    SEC

    Entity: Halliburton Company, KBR Inc.

    Charges: FCPA Books and Records and Internal Controls Violation (Halliburton Company), Substantive FCPA Anti-Bribery Violation, Aiding and Abetting Halliburton's FCPA Books and Records and Internal Controls Violation, Knowingly Falsifying Books and Records and Knowingly Circumventing Internal Controls (KBR Inc.),

    Disgorgement Amount: $177 Million

    Technip S.A. (June 2010)

    Attorneys: Patton Boggs LLP; Wachtell, Lipton, Rosen & Katz

    DOJ

    Charges: Conspiracy to Violate the FCPA (1 Count), Substantive FCPA Anti-Bribery Violation (1 Count)

    Resolution Vehicle: Criminal Information and Deferred Prosecution Agreement (Term - 2 Years, 7 Months)

    Value of Benefit Received From Improper Payments: $199 Million

    Sentencing Guidelines Range: $318.4 Million - $636.8 Million

    Amount of Fine: $240 Million (25% Below Minimum Guidelines Range)

    Monitor: Yes - Two Years

    SEC

    Charges: Substantive FCPA Anti-Bribery Violation, FCPA Books and Records and Internal Controls Violation

    Disgorgement Amount: $98 Million

    Snamprogetti Netherlands BV, ENI S.p.A (July 2010)

    Attorneys: Sullivan & Cromwell LLP

    DOJ

    Entity: Snamprogetti Netherlands BV

    Charges: Conspiracy to Violate the FCPA (1 Count), Aiding and Abetting FCPA Anti-Bribery Violation (1 Count)

    Resolution Vehicle: Criminal Information and Deferred Prosecution Agreement (Term 2 Years)

    Value of Benefit Received From Improper Payments: $214.3 Million

    Sentencing Guidelines Range: $300 Million - $600 Million

    Amount of Fine: $240 Million (20% Below Minimum Guidelines Range)

    Monitor: No

    SEC

    Entity: Snamprogetti Netherlands BV, ENI S.p.A.

    Charges: Substantive FCPA Anti-Bribery Violation, Knowingly Falsifying Books and Records and Knowingly Circumventing Internal Controls (Snamprogetti Netherlands BV), FCPA Books and Records and Internal Controls Violation (ENI S.p.A.)

    Disgorgement Amount: $125 Million

    [Note in all three of the above corporate actions, the entity received a -2 reduction in the culpability score for cooperation. Snamprogetti's total culpability score (and thus base fine multiplier) was below that of Kellogg, Brown & Root LLC, and Technip given that the company has fewer employees].

    Albert Jackson Stanley (August 2008)

    Attorney: Larry Veselka (Smyser, Kaplan & Veselka LLP)

    DOJ

    Charges: Conspiracy to Violate the FCPA (1 Count), Conspiracy to Commit Mail and Wire Fraud (1 Count)

    Resolution Vehicle: Criminal Information and Plea Agreement

    Plea Agreement Contemplates an $10.8 Million Restitution Order (the amount Stanley agreed the victim - his former employer - incurred as a monetary loss because of his conduct)

    Plea Agreement Contemplates a Sentence of 84 months (subject to a downward departure for cooperation)

    SEC

    Charges: Substantive FCPA Anti-Bribery Violation, Knowingly Falsifying Books and Records and Knowingly Circumventing Internal Controls

    Permanent Injunction

    Jeffrey Tesler (March 2009)

    Indictment Charges: Conspiracy to Violate the FCPA (1 Count), Substantive FCPA Anti-Bribery Violations (10 Counts)

    Indictment Seeks Forfeiture $132 Million

    Wojciech Chodan (March 2009)

    Indictment Charges: Conspiracy to Violate the FCPA (1 Count), Substantive FCPA Anti-Bribery Violations (10 Counts)

    Indictment Seeks Forfeiture $132 Million

Post Title

Bonny Island Bribery Club Statistics


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https://manufacturing-holdings.blogspot.com/2010/08/bonny-island-bribery-club-statistics.html


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