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In the Matter of David Gore, Robert Puetz, William McClure and Robert P. Murphy

 
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Triton -- McClure, William
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SEC Civil
:
December 27, 1997
:
In the Matter of David Gore, Robert Puetz, William McClure and Robert P. Murphy
:
In the Matter of David Gore, Robert Puetz, William McClure, and Robert P. Murphy, Administrative Proceeding 3-9262, (Feb. 27, 1997)
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Energy (Non-Utility)-Oil & Gas-Exploration/Production
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Indonesia
:
1989; 1990
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Indonesian finance ministry and state oil company auditors
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Triton Indonesia, a wholly owned subsidiary of Triton Energy Corp. whose assets were sold in 1996, entered into a joint venture agreement with Nordell Int'l Resources Ltd. whereby it became operator of an oil and gas recovery project in the Enim oil fields on Sumatra, Indonesia, assuming all operational and financial control over the project. The joint venture's activities in Indonesia were supervised by Pertamina, an Indonesian national oil company, and its books and records were audited by auditors from Pertamina and the Indonesian Ministry of Finance audit branch, BPKP. Because of poor record keeping predating Triton's involvement in the joint venture, Triton had difficulty obtaining certification of unrecovered costs from that period.
In 1988, Triton Indonesia and Nordell retained a business agent to act as an intermediary with Pertamina and the Ministry of Finance. Triton allegedly made a number of improper payments to the business agent for the purpose of influencing Indonesian officials and concealed the purpose of the payments by creating false documents.

William McClure was Triton Indonesia's Commercial Manager. The SEC found that in that role, McClure failed to assure that the entries prepared by the Controller (co-Respondent Murphy) accurately reflected the underlying transactions. The Commission also found that Philip Keever (a defendant in the federal court action) told McClure that the payments were for a purpose other than what was indicated in documents presented for McClure's signature. The Commission thus found that McClure violated Exchange Act Rule 13b2-1 and caused Triton Energy to violate the books and records provision of the FCPA.

Without admitting or denying the Commission's findings, McClure consented to an administrative order to cease and desist from committing or causing any violation of Exchange Act Rule 13b2-1 or the books and records provision of the FCPA.
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Aiding and abetting books and records
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Injunction/Cease and desist
:
Not stated.
:
0
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Employee of Issuer
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General Manager
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U.S.
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Contract Procurement/Retention, Tax
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Not stated.
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Cash
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Customs Broker or Agent/Consultant
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Not stated.
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Indonesia
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No
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No