Jump to content Jump to menu
Why Register?

Shearman FCPA Website: Cases Logo Shearman & Sterling LLP FCPA.Shearman.com: The One-Stop Resource on the Foreign Corrupt Practices Act

U.S. v. Herzberg

 
:
Vitusa - Herzberg, Denny
:
DOJ Criminal
:
April 13, 1994
:
U.S. v. Herzberg
:
U.S. v. Herzberg, No. 94-CR-254 (D.N.J. 1994)
:
Food-Other/Multi
:
Dominican Republic
:
1992
:
Senior Dominican official
:
Herzberg was the president and sole shareholder of Vitusa Corp., a New Jersey corporation. Herzberg sought to obtain payment for Vitusa Corp. on an outstanding balance due of $163,000 on an earlier contract to sell milk powder to the government of the Dominican Republic. Herzberg arranged with a Dominican commercial agent to pay a "service fee" to a senior Dominican official in return for the official's using influence to obtain the balance due. Herzberg instructed his bank to withhold a certain portion of the payment for the commercial agent, which was then transferred to the government official as a "service fee."
:
Anti-bribery (Domestic Concern)
:
Plea
:
$5,000 fine plus two years' probation and agreement to cooperate
:
5,000
:
0
:
Total Offense Level: 9-13 (Base offense level of 8 plus 3 based on defendant's account of the bribe value or 7 based on the government's account).
:
Domestic Concern
:
CEO, President, Shareholder
:
U.S.
:
Legislation
:
163,000
:
Wire/check
:
Sales Agent/Consultant
:
20,000
:
Dominican Republic
:
United States
:
No