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

 
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Triton -- Puetz, Robert
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SEC Civil
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December 27, 1997
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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
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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.

Robert Puetz was Senior Vice President of Finance and CFO of Triton Energy Corp. from 1989 to 1993. The SEC found that Puetz received information indicating that Triton Indonesia was engaged in potentially unlawful conduct, including the Internal Auditor's Memorandum in October 1989, but took no action to initiate an investigation. The Commission also found that Philip Keever (a defendant in the district court action) told Puetz of illicit payments to agent Siouffi for the purpose of obtaining favorable Indonesian government decisions. The Commission found that Puetz failed to investigate the potentially unlawful conduct, instead acknowledging the existence of such practices and treating them as a cost of doing business in a foreign jurisdiction, thereby causing Triton Energy to violate the Anti-Bribery and Books and Records provisions of the FCPA.
Puetz consented to the entry of an administrative order requiring him to cease and desist from committing or causing any violation of the Anti-Bribery or Books and Records provisions of the FCPA.
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Aiding and abetting anti-bribery, Aiding and abetting books and records
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Injunction/Cease and desist
:
Not stated.
:
0
:
CFO, Other Senior Officer
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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