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U.S. v. Fernando Maya Basurto

 
:
Basurto, Fernando Maya
:
DOJ Criminal
:
November 16, 2009
:
U.S. v. Fernando Maya Basurto
:
United States v. Fernando Maya Basurto, No. 09-cr-00325 (S.D. Tex., June 10, 2009)
:
The DOJ prosecuted a foreign national here working for a foreign company who acted as an agent for the U.S. division of a Swiss company.

Basurto was initially arrested in Dallas on April 25, 2009 on a criminal complaint charging him with conspiracy to structure transactions and he was subsequently detained. He was later indicted on this charge on June 10, 2009.
:
Electrical/Electronics
:
Mexico
:
1997; 1999; 2003
:
Mexican state-owned electricity company officials
:
Fernando Maya Basurto, a Mexican citizen, was a principal of a Mexican company that served as a sales representative for foreign and domestic companies doing business with Mexican government agencies. One such agency, Comison Federal de Electricidad ("CFE"), was as an electrical utility company responsible for supplying electricity to most of Mexico. CFE would contract with foreign agencies for goods and services in performing its business. ABB, a Swiss electrical engineering company, sought contracts with the CFE. The former general manager of the Texas unit of ABB, John O'Shea, used Basurto's company as a sales representative for ABB on its CFE contracts.

In 1997, CFE awarded a $44 million contract (the SITRACEN contract) to ABB's Texas division to upgrade the backbone of Mexico's electrical system. In 2003, CFE awarded another multi-year contract (the Evergreen contract) to ABB's Texas unit for the performance of maintenance and upgrades on the SITRACEN network. In order to obtain these contracts, O'Shea authorized ABB's Texas division to make corrupt payments to the CFE using Basurto's company as a go-between. O'Shea allegedly got the 2003 deal by agreeing to give CFE officials 10% of the revenue from the contract. Both O'Shea and Basurto coordinated up to $900,000 in illicit payments to CFE officials, with the payments sent to shell companies in Mexico and a bank account in Germany and then passed on to CFE officials.

Basurto pleaded guilty on November 16, 2009 to a one-count information in connection with the conspiracy. As part of the plea, he agreed to forfeit over $2 million to the United States government, as well as further cooperation with prosecutors.

On April 6, 2012, he was sentenced to "time served" for conspiracy to violate the FCPA. He had spent 22 months in jail after his arrest in 2009.
:
Conspiracy - Anti-Bribery
:
Destruction of Records, Money Laundering
:
Forfeiture, Imprisonment, Plea
:
Forfeiture to the United State in the form of a money judgment, to be joint and several with his co-conspirators; sentenced to "time served" (22 months he had spent in jail after his arrest in 2009).
:
2,030,077
:
22
:
Agent of Domestic Concern
:
Agent/Intermediary
:
Foreign
:
Contract Procurement/Retention
:
81,000,000
:
Cash, Scholarship/Education, Wire/check
:
Customs Broker or Agent/Consultant
:
900,000
:
Mexico
:
Germany, Mexico
:
foreign official
:
No