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Friday Roundup

By on April 1, 2022 in Amec Foster Wheeler, Declination Decisions, Nigeria, Odebrecht, Victims
Roundup

Where is the outrage now, Odebrecht related, and for the people. It’s all here in the Friday roundup.

Where Is The Outrage Now?

In 2016 the Obama Justice Department invented another way to resolve an FCPA enforcement action – the so-called “declination” – a form of resolution that sometimes requires disgorgement. In 2016, the DOJ used this way of resolving an FCPA enforcement five times. (See here).

In 2017 the Trump Justice Department used this way of resolving an FCPA enforcement and – all of a sudden – some commentators were outraged. This commentator stated: “bring a matter to the department’s attention, fall all over yourself to help prosecutors understand the case, and show them you cleaned up your act—and presto, you avoid the DPA or monitor …”. The commentator added: “President Trump himself doesn’t seem much interested in enforcing the [FCPA]” (another odd statement because President’s don’t enforce the law.

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Key Issues And Questions Arising From The UK Deferred Prosecution Agreement With Amec Foster Wheeler Energy

By on July 15, 2021 in Amec Foster Wheeler, Guest Posts, John Wood Group, Serious Fraud Office, SFO, Successor Liability, United Kingdom
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Previous posts here, here, here, here, and here focused on various aspects of the recent U.S. and U.K. enforcement action against Amec Foster Wheeler / John Wood Group.

This guest post by London-based Debevoise attorneys Karolos Seeger, Aisling Cowell, Thomas Jenkins, and Andrew Lee highlights key issues and questions arising from the UK DPA Amec Foster Wheeler Energy Limited (“AFWEL”).

Prosecution of individuals. All of the AFWEL DPA documents contain introductory wording stating that the Court made no findings of fact or assessment of the culpability of any individuals who may have been involved in the company’s wrongdoing. This is the first time a SFO DPA has included this, or equivalent, wording. This statement is likely due to the SFO’s failure to secure the convictions of any individuals who have been prosecuted in connection with previous DPAs, and is therefore intended to avoid prejudicing the position of those who may be prosecuted following the AFWEL DPA. Edis LJ noted documents indicating that senior employees and directors of AFWEL had engaged in corrupt activities, and that SFO decisions about whether to charge them would be made within three months.

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Amec Foster Wheeler / John Wood Group Enforcement Actions – What Actually Was Accomplished?

By on July 7, 2021 in Amec Foster Wheeler, John Wood Group, Merger Issues, Statute of Limitations, Victims
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Previous posts here, here, here and here highlighted various aspects of the recent U.S. and U.K. enforcement actions against Amec Foster Wheeler / John Wood Group.

The enforcement actions included: (i) a net $17.7 million FCPA enforcement action concerning conduct in Brazil; (ii) a net $142 million U.K. enforcement action concerning conduct in Brazil, Nigeria, Saudi Arabia, Malaysia, and India; and (iii) a net approximately $17 million Brazil enforcement action concerning conduct in Brazil.

That is a lot of money going into government coffers, but the question needs to be asked: what actually was accomplished through these enforcement actions?

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Amec Foster Wheeler / Wood Group – In The Words Of Lord Justice Edis

By on July 6, 2021 in 2021 Enforcement Actions, Amec Foster Wheeler, Deferred Prosecution Agreements, John Wood Group, Judicial Role in Deferred Prosecution Agreements, Merger Issues, Serious Fraud Office, SFO, United Kingdom, Voluntary Disclosure
Edis

If a country is to have a deferred prosecution agreement regime, the approach of the United Kingdom is far more preferable than the approach of the United States.

In the U.K. (unlike the U.S.), the judiciary is actively involved in the DPA process and the public is offered insight into the reasoning of the judge in approving the DPA (which often includes facts and information not mentioned in the resolution documents authored by the prosecutors).

Simply put, it is refreshing to hear from someone other than the prosecutors and this posts summarizes the judgment and reasoning of Lord Justice Andrew Edis in the recent U.K. portion of the enforcement action against Amec Foster Wheeler / John Wood Group. (see here for the prior post).

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Across The Pond, Amec Foster Wheeler / Wood Group Resolves £103 Million U.K. Enforcement Action

By on July 5, 2021 in 2021 Enforcement Actions, Amec Foster Wheeler, John Wood Group, Oil and Gas Industry
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Previous posts here and here focused on the recent net $17.7 million FCPA enforcement action against Amec Foster Wheeler and John Wood Group concerning conduct in Brazil.

In a parallel enforcement action, the U.K. Serious Fraud Office also announced that Amec Foster Wheeler and John Wood Group will pay “a financial penalty and costs amounting to £103 million in the UK.”

The enforcement action involved a ten count Indictment. One count (Count 10) concerned the same Brazil conduct at issue in the FCPA enforcement action and charged failure to prevent bribery, contrary to section 7 of the Bribery Act 2010.

The other nine counts in the Indictment (concerning conduct in Nigeria, Saudi Arabia, Malaysia, and India) charged conspiracy to make corrupt payments, contrary to section 1(1) of the Criminal Law Act 1977 and section 1 of the Prevention of Corruption Act 1906. The conduct at issue in these counts allegedly between 1996 and 2010 (in other words 11-25 years prior to the enforcement action).

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