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Eni Joins The Repeat Offender Club – This Time Resolves A $24.5 Million SEC FCPA Enforcement Action

eni

As highlighted in this prior post, in 2010 ENI S.p.A (an Italy-based oil and gas company with American Depositary Shares listed on the New York Stock Exchange) along with its wholly-owned subsidiary Snamprogetti resolved a $125 million SEC Foreign Corrupt Practices Act enforcement action concerning conduct in Nigeria.

On Friday, the SEC announced that ENI resolved another FCPA enforcement action – this one a $24.5 million enforcement action concerning conduct in Algeria by Saipem S.p.A. (a minority-owned and controlled subsidiary during the relevant time period). The conduct at issue in the enforcement action occurred 10 – 13 years ago.

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SEC Charges Former Executive Director Of Goldman Sachs International With FCPA Offenses For Arranging A Bribery Scheme In Ghana On Behalf Of A Turkish Energy Company

Berko

Yesterday, the SEC announced the filing of a civil complaint charging Asante Berko (pictured – a former Executive Director of Goldman Sachs International) with Foreign Corrupt Practices Act violations and other charges for “orchestrating a bribery scheme to help a client [a Turkish energy company] win a government contract to build and operate an electrical power plant” in Ghana.

The Turkish energy company would appear to be Aksa Enerji (see here and here).

Of note, the SEC alleged that the “Holding Company” – that is Goldman Sachs – violated the FCPA’s anti-bribery provisions. However the SEC’s release states that Goldman Sachs “is not being charged.”

In summary fashion, the complaint alleges:

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Citgo Employees As Foreign Officials

Citgo3

In this 2009 post, the issue was raised whether the DOJ’s “foreign official” interpretation would become so broad that employees of Citgo Petroleum (a Delaware corporation with headquarters in Houston) would be considered “foreign officials” under the Foreign Corrupt Practices Act because Citgo is a subsidiary of Petroleos de Venezuela S.A. (PDVSA).

In this little noticed FCPA enforcement from February 2020 against Tulio Anibal Farias-Perez in the sprawling PDVSA related actions, the DOJ did allege this theory of prosecution.

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Cardinal Health Resolves $8.8 Million Enforcement Action Based On A Former Entity Maintaining And Operating Marketing Accounts For Certain Customers In China

cardinalhealth

Last Friday the SEC announced that Cardinal Health Inc. agreed to pay $8.8 million to resolve a Foreign Corrupt Practices Act enforcement action.

The action is based on a Cardinal entity (acquired in 2010 and sold in 2018) maintaining and operating marketing accounts for certain customers in China.

In summary fashion, the SEC order states:

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In A Case That Keeps On Giving, The DOJ Announces Unsealing Of 2015 Indictment Against Former Alstom And Marubeni Executives

Alstom

In mid-2013, the DOJ announced that various current and former of Alstom resolved a Foreign Corrupt Practices Act enforcement action in connection with the Tarahan power project in Indonesia. The underlying charging documents were from 2012. (See here). Thereafter, in 2013 additional individuals associated with Alstom were also charged (see here and here) including Lawrence Hoskins who was found guilty at trial in 2019. (See here).

In early-2014, Marubeni (a consortium partner of Alstom on the Tarahan project) resolved an FCPA enforcement action. (See here and here). In late 2014, Alstom resolved an FCPA enforcement action regarding alleged conduct around the world including in Indonesia in connection Tarahan power contract. (See here and here).

Yesterday, the DOJ announced the unsealing of this 2015 indictment charging Reza Moenaf (the former president of Alstom’s subsidiary in Indonesia), Eko Sulianto (the former director of sales of Alstom’s subsidiary in Indonesia) and Junji Kusunoki (the former deputy general manager of Marubeni’s Overseas Power Project Department) with conspiracy to violate the FCPA and conspiracy to commit money laundering in connection with the same core allegations found in the previous enforcement actions.

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