Javier Aguilar Archives - FCPA Professor

Judge Denies Aguilar’s Motion To Sever

By Mike Koehler on April 13, 2023 in FCPA Trial, FCPA Trials, Javier Aguilar

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 alleges 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.

Aguilar moved to sever the Mexico related charges in the Superseding Indictment from the Ecuador related charges. In summary fashion, Aguilar argued:

FCPA Defendant Wants To Know More About His Alleged Bribery

By Mike Koehler on October 11, 2022 in Bill of Particulars, Javier Aguilar

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In November 2020, Aguilar filed a motion for a bill of particulars. Generally speaking, a bill of particulars is a request by a criminal defendant for more detailed information about the criminal charges beyond those alleged in the actual charging document. As highlighted here, the judge denied the motion.

Aguilar recently filed a motion for a Second Bill of Particular which states in summary fashion:

Judge Denies Aguilar’s Motion For A Bill Of Particulars

By Mike Koehler on March 10, 2021 in Javier Aguilar

As highlighted in this prior post, in September 2020 the DOJ announced that Javier Aguilar (a trader at the U.S. subsidiary 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.”

With discovery ongoing in the case and the trial date uncertain due to COVID-19, in November 2020 Aguilar filed a motion for a bill of particulars. Generally speaking, a bill of particulars is a request by a criminal defendant for more detailed information about the criminal charges beyond those alleged in the actual charging document.

As highlighted below, recently Judge Eric Vitaliano (E.D.N.Y.) denied the motion for a bill of particulars.

DOJ Announces Indictment Of Oil Trader In Connection With Alleged Ecuador Bribery Scheme

By Mike Koehler on September 23, 2020 in 2020 Enforcement Action, DOJ Enforcement Action, Ecuador, Individual Enforcement Action, Javier Aguilar, Oil and Gas Industry, Undercover Investigations, Vitol

Yesterday, the DOJ announced that Javier Aguilar (described as a trader at the U.S. subsidiary of a multinational oil distributor and trading company – “Trading Company) was criminally charged for “his alleged participation in a five-year international bribery and money laundering scheme involving corrupt payments to Ecuadorian officials.” According to this report, Aguilar’s former employer is Vitol Inc. As highlighted in this previous post, Vitol has reportedly been under scrutiny.

Although not mentioned in the indictment, the DOJ releases references an “original complaint” and that the Ecuadorian officials included individuals associated with PetroEcuador (a business organization previously mentioned in FCPA enforcement actions – see here and here).

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Judge Denies Aguilar’s Motion To Sever

FCPA Defendant Wants To Know More About His Alleged Bribery

Judge Denies Aguilar’s Motion For A Bill Of Particulars

DOJ Announces Indictment Of Oil Trader In Connection With Alleged Ecuador Bribery Scheme

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