As highlighted here, in September 2020 the DOJ announced that Javier Aguilar (a former employee of Vitol Inc.) was criminally charged for “his alleged participation in a five-year international bribery and money laundering scheme involving corrupt payments to Ecuadorian officials.” (In December 2020, Vitol resolved a net $90 million Foreign Corrupt Practices Act enforcement action for conduct in Brazil, Ecuador and Mexico – see here).
In December 2022, the DOJ filed a superseding indictment adding FCPA and related charges in connection with an alleged Mexican bribery scheme. The DOJ alleged that Aguilar “together with others, engaged in a bribery and money laundering scheme involving the payment of bribes to Mexican officials … in exchange for, among other things, securing improper advantages for Vitol in obtaining and retain business with PEMEX and PEMEX Procurement International.
As highlighted here, in February 2024 Aguilar was convicted at trial for paying bribes to Ecuadorian officials and laundering the bribe money for both the Ecuador and Mexico bribery schemes.
In August 2024, the DOJ announced that Aguilar “pleaded guilty to conspiring to violate the FCPA and engaging in interstate and foreign commerce to promote and to distribute the proceeds of commercial bribery for paying bribes to officials at PEMEX Procurement International (PPI), a wholly owned affiliate of the Mexican state-owned oil company, PEMEX.” (See here).
Last week, U.S. District Judge Eric Vitaliano (E.D. N.Y) sentenced Aguilar to four years in prison and also ordered him to pay approximately $7.13 million in criminal forfeiture and a $100,000 fine. (See here for the DOJ release).
In the DOJ release, Joseph Nocella (U.S. Attorney for the EDNY) stated:
“[This] sentence sends a powerful message of deterrence to those who might be tempted to engage in similar bribery schemes. This case is a demonstration of our Office’s long-standing commitment to rooting out corruption in the commodities markets. We will be indefatigable in protecting American interests from corruption that unfairly tilts the playing field and threatens American businesses.”
Tysen Duva (Assistant Attorney General for the DOJ’s Criminal Division)
“[This] sentence makes clear that corrupt actors, like Javier Aguilar, who facilitated and led two major international bribery and money laundering schemes will be brought to justice and punished accordingly. We will root out those who brazenly undermine the rule of law and use our financial system to launder their corrupt funds, and we will prosecute them to the fullest extent of the law.”
Brett Skiles (Special Agent in Charge, FBI, Miami Field Office) stated:
“[This] sentencing underscores the FBI’s unwavering commitment to protecting U.S. interests by dismantling complex bribery and corruption schemes that compromise global markets. This case demonstrates that individuals who attempt to corrupt foreign officials and manipulate international commerce will be held accountable. We will continue working alongside our partners to ensure the integrity of the financial system and safeguard American businesses.”
