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U.S. v. John W. Warwick

 
:
Warwick, John W.
:
DOJ Criminal
:
December 15, 2009
:
U.S. v. John W. Warwick
:
United States v. John W. Warwick, No. 09-cr-00449 (E.D. Va. Dec. 15, 2009)
:
Warwick was likely only charged with conspiracy rather than the substantive offense because almost all of his conduct took place outside of the five year statute of limitations. For conspiracy, the statute of limitations can reach back to criminal behavior more than five years old if the conspiracy ended within the last five years. It is also possible that the DOJ made a request for foreign evidence from Panama, which could have tolled the statute of limitations for up to three additional years.

Warwick initiated a civil lawsuit on behalf of Overman de Panama (a Panamanian subsidiary of Overman Associates that he served as president for) against the Ports Engineering Consultants Corporation in 2000 seeking payment for services performed. On the basis of this, he could potentially argue that he was not part of the conspiracy in 2003 when the final payment was made and therefore the DOJ would not have anything against him within the statute of limitations period.
:
Engineering Services
:
Panama
:
1997; 1999; 2003
:
Administrator of Panama's National Ports Authority; other Panamanian government officials.
:
John Warwick, a United States citizen, was president of the Ports Engineering Consultants Corporation (PECC) from the period of 1997 through 2003. PECC, a Panama company, was affiliated with Overman Associates, a Virginia engineering company, and was organized so that Warwick, Charles Paul Edward Jumet, and Overton Associates could corruptly obtain a maritime contract from the Panamanian government.

In 1997, PECC was awarded a no-bid, 20 year contract by the Administrator of Panama's National Maritime Ports Authority that allowed it to collect tariffs from ships that went into the port of Panama, to maintain the lighthouse and buoys, and to conduct engineering studies. Warwick was allegedly involved in a conspiracy to pay money to Panamanian officials to obtain this contract. In exchange for the contract, Warwick and others allegedly authorized over $200,000 in corrupt payment to the Administrator of Panama's National Maritime Ports Authority as well as to another high ranking Panamanian government official.

The contract was suspended by Panama's Comptroller General in 2000, but after an investigation payments to PECC by the Panamanian government resumed in 2003.

On December 15, 2009, the DOJ charged Warwick with conspiracy to bribe foreign officials in violation of the FCPA. Warwick pleaded guilty on February 10, 2010. As part of his plea agreement, Warwick agreed to forfeit $331,000, which represents the proceeds of this crime. In June, 2010, he was sentenced to 37 months in prison and 2 years of probation.
:
Conspiracy - Anti-Bribery
:
Plea
:
As part of his plea agreement, Warwick agreed to forfeit $331,000, which represents the proceeds of his crime.
:
331,000
:
37
:
Domestic Concern, Employee of Domestic Concern, Officer of Domestic Concern, Stockholder of Domestic Concern
:
President
:
U.S.
:
Not stated.
:
Cash, Wire/check
:
Direct
:
207,000
:
Panama
:
No