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The Case That Keeps On Giving – DOJ Announces Additional Charges In PDVSA Bribery Action

PDVSA

Several prior posts (see here and here for instance) have highlighted the clustering phenomenon and how a few discreet instances of alleged bribery yield an inordinate amount of Foreign Corrupt Practices Act enforcement activity.

One such example is the DOJ’s long-standing enforcement action (charges were first brought in late 2015) in connection with alleged corrupt schemes to secure contracts from Venezuela’s state-owned and state-controlled energy company, PDVSA.

Yesterday, the DOJ announced that additional criminal charges were unsealed “against five former Venezuelan government officials for their alleged participation in an international money laundering scheme involving bribes made to corruptly secure energy contracts from Venezuela’s state-owned and state-controlled energy company, PDVSA.”

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PDVSA “Victim” Petition Denied

Denied

This December post highlighted how Bariven S.A. (a subsidiary of Petroleos de Venezuela, S.A. (“PDVSA”) – the state-owned oil company of the Venezuela) made a filing in an ongoing DOJ Foreign Corrupt Practices Act prosecution seeking victim status and requesting that the court enter an order of restitution of $600 million.

The prior post called Bariven’s filing an uphill climb and noted that a similar request failed in connection with the Alcatel-Lucent FCPA enforcement action.

Nevertheless, the prior post noted that the DOJ would respond to the filing and in doing so was likely to reveal some interesting information.

As highlighted in this post, the DOJ did respond, revealed some interesting information, and the court denied the motion.

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