Previous posts here and here highlighted the DOJ’s 2015 Foreign Corrupt Practices Act enforcement action concerning a Russian nuclear bribery scheme.
As highlighted in the previous posts, Daren Condrey pleaded guilty to FCPA violations for allegedly bribing Vadim Mikerin.
Mikerin was an alleged Russian “foreign official” because he worked for TENAM Corp. (a Maryland corporation) because TENAM was a wholly-owned subsidiary on TENEX – an entity “indirectly owned and controlled by, and performed functions of, the government of the [Russian government].”
Today, the DOJ returned to this same core conduct and announced:
“Mark Lambert [pictured], 54, of Mount Airy, Maryland, was charged in an 11-count indictment with one count of conspiracy to violate the Foreign Corrupt Practices Act (FCPA) and to commit wire fraud, seven counts of violating the FCPA, two counts of wire fraud and one count of international promotion money laundering. The charges stem from an alleged scheme to bribe Vadim Mikerin, a Russian official at JSC Techsnabexport (TENEX), a subsidiary of Russia’s State Atomic Energy Corporation and the sole supplier and exporter of Russian Federation uranium and uranium enrichment services to nuclear power companies worldwide, in order to secure contracts with TENEX.”
The release states:
“According to the indictment, beginning at least as early as 2009 and continuing until October 2014, Lambert conspired with others at “Transportation Corporation A” to make corrupt and fraudulent bribery and kickback payments to offshore bank accounts associated with shell companies, at the direction of, and for the benefit of, a Russian official, Vadim Mikerin, in order to secure improper business advantages and obtain and retain business with TENEX. In order to effectuate and conceal the corrupt and fraudulent bribe payments, Lambert and others allegedly caused fake invoices to be prepared, purportedly from TENEX to Transportation Corporation A, that described services that were never provided, and then Lambert and others caused Transportation Corporation A to wire the corrupt payments for those purported services to shell companies in Latvia, Cyprus and Switzerland. Lambert and others also allegedly used code words like “lucky figures,” “LF,” “lucky numbers,” and “cake” to describe the payments in emails to the Russian official at his personal email account. The indictment also alleges that Lambert and others caused Transportation Corporation A to overbill TENEX by building the cost of the corrupt payments into their invoices, and TENEX thus overpaid for Transportation Corporation A’s services.”
As noted in the release:
“In June 2015, Lambert’s former co-president, Daren Condrey, pleaded guilty to conspiracy to violate the FCPA and commit wire fraud, and Vadim Mikerin pleaded guilty to conspiracy to commit money laundering involving violations of the FCPA. Mikerin is currently serving a sentence of 48 months in prison and Condrey is awaiting sentencing. The indictment includes allegations against Lambert based on his role in effectuating the criminal scheme with Condrey, Mikerin, and others.”
See here for the indictment.