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By on February 7, 2023 in FCPA Related Charges, Keppel Offshore & Marine, Venezuela
Potpourri

Judicial Bribery

As highlighted in this article:

“A Venezuelan Supreme Court justice and former president of that court [Maikel Jose Moreno Perez] has been indicted in Florida on charges he accepted bribes totaling around $10 million in exchange for leniency or case dismissals, spending the money on luxury homes and vacations abroad.”

According to the indictment, the bribes were intended to influence the justice to resolve cases in a manner favorable to Venezuelan contractors who owned companies that received funds from Venezuelan government-controlled entities. Certain of the bribe payments were used to purchase real estate in the U.S. and/or passed through U.S. bank accounts.

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“Stern Warnings”

By on January 20, 2023 in Keppel Offshore & Marine, Singapore
Emoticon saying no with his finger

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”).”

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From The Dockets

By on May 13, 2020 in Collateral Effects, Collateral Litigation, Deferred Prosecution Agreements, Keppel Offshore & Marine, Wal-Mart
Judicial Decision

This post summarizes a strange state law claim filed by a former Walmart attorney and recent decision by a federal court judge concluding that resolving a Foreign Corrupt Practices Act enforcement action through a deferred prosecution agreement does not constitute a conviction.

Walmart Matter

Recently Shane Perry (a former Walmart attorney who worked on Walmart’s internal FCPA investigation in Mexico in 2011 and later became the Ethics Officer for Walmart de Mexico) filed this lawsuit in Arkansas state court claiming that on July 6, 2017 “he was terminated in a ruthless fashion based on information carelessly gathered and processed at the orders of senior management for punishment and retaliation.”

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TechnipFMC Joins FCPA Repeat Offender Club, Resolves Net $81.9 Million DOJ FCPA Enforcement Action, SEC Enforcement Action Forthcoming, Individual Criminally Charged

By on June 27, 2019 in 2019 Enforcement Actions, Brazil, DOJ Enforcement Action, Hiring Family Members of Foreign Officials, Iraq, Keppel Offshore & Marine, Oil and Gas Industry, Repeat Offenders, Technip, TechnipFMC, Unaoil, Zwi Skornicki
technipfmc

That’s a dense headline, but there was much at play in this DOJ announcement from earlier this week.

First, Technip joined the ever growing list of FCPA repeat offenders (see here) as the company previously resolved a $340 million FCPA enforcement action in 2010 concerning conduct at Bonny Island, Nigeria. (See here and here for prior posts). For good measure, as highlighted in this prior post, in 2016 FMC Technologies resolved a so-called non-FCPA, FCPA enforcement action.

Second, most FCPA enforcement actions against issuers that include a DOJ and SEC component are resolved on the same day, however this week’s development was DOJ only and this company press release states “TechnipFMC has reached an agreement in principle with the SEC Staff, subject to final SEC approval.”

Third, in connection with the same core conduct alleged in the DOJ enforcement action the DOJ also criminally charged Zwi Skornicki (a citizen of Brazil).

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Friday Roundup

By on February 9, 2018 in DOJ, FCPA Investigative Costs, FCPA Statistics, GlaxcoSmithKline, Investigative Fees, Juniper Networks, Keppel Offshore & Marine, Misonix, Related Civil Litigation, Richard Bistrong, Uncategorized, USANA Health Sciences, Year in Review 2017
Roundup

DOJ’s year in review, ripple, scrutiny alerts and updates, simply false, and amusing. It’s all here in the Friday roundup.

DOJ’s Year In Review

The DOJ Fraud Section recently released its year in review. According to the document, “the FCPA Unit has 32 prosecutors.” When reviewing the statistics in the document keep in mind that the FCPA Unit “investigates and prosecutes cases under the FCPA and related statutes.” In other words, the statistics include non-FCPA matters such as when the DOJ charges or prosecutes alleged “foreign officials” for money laundering and related offenses.

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