In late 2017 Keppel Offshore & Marine resolved an FCPA enforcement action concerning conduct in Brazil. (See here for the prior post). The enforcement action against Keppel was believed to be the first FCPA enforcement action ever against a company based in Singapore. In resolving the net $105.5 million FCPA enforcement action, Keppel agreed to a deferred prosecution agreement.
As highlighted in this prior post, Jeffrey Chow (a U.S. citizen and Tulane educated lawyer who had various positions in the legal department of KOM) was also criminally charged in connection with the Keppel Offshore & Marine Foreign Corrupt Practices Act enforcement action.
Thereafter, in connection with both the Keppel enforcement action (and a related enforcement action against TechnipFMC) the DOJ also criminally charged Zwi Skornicki (a citizen of Brazil) with conspiracy to violate the FCPA’s anti-bribery provisions. According to the DOJ, Skornicki and others “knowingly and willfully conspired to pay, and paid, approximately $55 million in bribes in connection with at least 13 projects in Brazil tendered by Petrobras and, later, a company that employed several former Petrobras officials.”
Recently, Singapore’s Corrupt Practices Investigation Bureau (“CPIB”) – in consultation with the Attorney-General’s Chambers (“AGC”) “issued stern warnings … to six individuals who were formerly senior management staff of Keppel Offshore & Marine Limited (“KOM”) … “in lieu of prosecution for offences punishable under the Prevention of Corruption Act (“PCA”).”