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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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DOJ “Piles On” Airbus And Other Issues To Consider

piling

Prior posts here and here went in-depth into the recent $294 million Foreign Corrupt Practices Act enforcement action against Airbus as well as the United Kingdom’s prosecution of the company.

This post continues the analysis by highlighting additional issues to consider.

“Piling On”

As highlighted in this prior post, in 2018 the DOJ announced a non-binding policy discouraging “piling on” by instructing DOJ “components to appropriately coordinate with one another and with other enforcement agencies in imposing multiple penalties on a company in relation to investigations of the same misconduct.”

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An In-Depth Look At The U.K. Prosecution Of Airbus

airbus

These pages have long asserted that if a country is to have a deferred prosecution regime that the regime in the United Kingdom (which requires meaningful judicial review and approval) is far more preferable than the U.S. regime.

This is apparent when reviewing the Statement of Facts,, Deferred Prosecution Agreement and Approved Judgment relevant to the U.K. Serious Fraud Office prosecution of Airbus. (See here for a collection of the U.K. documents and see here for the prior post regarding the U.S. enforcement action). The U.K. documents provided a substantially more thorough and transparent glimpse into the underlying conduct compared to the U.S. resolution documents.

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Issues To Consider From The Samsung Heavy Industries Enforcement Action

Issues

This prior post highlighted the DOJ’s recent net $37.5 million Foreign Corrupt Practices Act enforcement action against Samsung Heavy Industries (a South Korea-based company with a branch office in Houston) focused on its relationship with Pride International (now part of Valaris plc) through which it sold a drillship to Petrobras.

This post highlights additional issues to consider from the enforcement action.

What About Pride?

The primary beneficiary, it would seem, of the conduct alleged in the SHI enforcement action is the “Chartering Company” described by the DOJ as an “offshore oil drilling company headquartered in Houston, Texas which provided contract drilling and related services to oil and gas companies.”

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South Korean Company Bribes Brazilian Officials Through Brazilian Agents, U.S. Collects $37.7 Million

SamsungHeavy

Last Friday, the Department of Justice announced that Samsung Heavy Industries (SHI – a South Korea-based engineering company that provides shipbuilding, offshore platform construction, and other construction and engineering services with a branch office in Houston) agreed to resolve a net $37.5 million Foreign Corrupt Practices Act enforcement action.

As highlighted below, the conduct at issue involved SHI’s relationship with Pride International (which is now part of Valaris plc) through which it sold a $636 million drillship to Petrobras.

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