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SEC v. Samson, et al.

 
:
Whelan, John H.
:
SEC Civil
:
July 5, 2006
:
SEC v. Samson, et al.
:
SEC v. Samson, et al., 1:06CV01217-JDB (D.D.C. 2006)
:
Energy (Non-Utility)-Oil & Gas-Exploration/Production
:
Nigeria
:
1999; 2000; 2001
:
Officials of the Nigerian National Petroleum Investment Management Services
:
Mr. Whelan settled this action with the SEC without admitting or denying the following facts alleged in the SEC's complaint:

Mr. Whelan is the former Vice President of Sales for Vetco Gray Inc., a former subsidiary of ABB based in the United States.


Mr. Samson, the former Vetco Gray (an ABB subsidiary) Regional Sales Manager for West Africa, negotiated the payment of $800,000,000 to six Nigerian government officials who were employees of NAPIMS (National Petroleum Investment Management Services). The payments were designed to induce Nigerian officials to help ABB win a bid for an oil drilling contract worth $180 million. To process the payments, Mr. Samson informed Mr. Munro, the former Vetco Gray UK Senior Vice President of Operations, and Mr. Campbell, the former Vetco Gray UK Vice President of Finance, of the payments. Mr. Munro in turn, authorized the payments and directed Mr. Samson and Mr. Campbell to make the payments to the NAPIMS officials through a local consultant. Mr. Samson then made the arrangements with the consultant and told the consultant whom to pay and how much. The consultant was paid through false invoices for consulting work. The money was wired to the consultant's bank account in the United Stated and in turn the consultant wired the money to the US bank belonging to the NPIMS officials. Mr. Samson also directed Mr. Whelan, the former Vice President of Sales to provide gifts and cash to NAPIMS officials when they visited the United States. Mr. Whelan used his corporate card and occasionally received cash advances from Vetco Gray to pay the NAPIMS officials. He paid for their accommodations, meals, car services, and povided them with other gifts and cash while they were in the United States. Mr Whelan submitted expense reports for many of these payments under the guise of legitimate business expenses. These payments, which were reimbursed by Vetco Gray Inc. and Vetco Gray UK totaled over $176,000. Whelan made these payments to obtain ABB confidential competitor information and other improper assistance from NAPIMS officials.
:
Aiding and abetting books and records, Aiding and abetting internal controls, Anti-bribery (Issuer), Books and records (Individual)
:
Civil penalty, Injunction/Cease and desist
:
40,000
:
0
:
Agent of Issuer
:
Senior Sales
:
U.S.
:
Contract Procurement/Retention
:
180,000,000
:
Cash, Gifts, Meals, Travel, Wire/check
:
Direct, Sales Agent/Consultant
:
1,000,000
:
United States
:
United States
:
No
:
No