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U.S. v. Sengupta

 
:
Sengupta, Gautam
:
DOJ Criminal
:
January 30, 2002
:
U.S. v. Sengupta
:
U.S. v. Sengupta, Cr. No. 02-40 (D.D.C. 2002)
:
This is the first reported case in which the World Bank or any other international financial organization made a criminal FCPA referral to prosecutors.
:
Infrastructure-Other/Multi
:
Kenya
:
1999
:
A government official in the Kenyan Project Implementation Unit (PIU).
:
Gautam Sengupta and Ramendra Basu (nationals of India and legal resident aliens of the US) worked at the World Bank. Basu, an officer in the Consultant Trust Funds Office, conspired with a Swedish consultant and a World Bank Task Manager, Sengupta, to steer World Bank contracts in Ethiopia and Kenya to certain Swedish companies. Sengupta received $127,000 in kickbacks for his role. In 1999, Basu arranged for $50,000 to be wire transferred from an account controlled by the Swedish consultant to an account in Kenya for a Kenyan government official's benefit. In 2000, both Sengupta and Basu pled guilty to wire fraud and to violating the FCPA. In 2006, Sengupta was sentenced to two months in prison in the U.S.
:
Anti-bribery (Other Persons)
:
Wire Fraud
:
Plea
:
Sengupta was sentenced to two months imprisonment and a fine of $6,000.
:
6,000
:
2
:
According to the available public record, the Guidelines offense level for Sengupta was 16, which would appear to be based on the aggregate of the kickbacks he received and bribes he paid, with an enhancement for planning and a reduction for acceptance of responsibility. With a criminal history of category II, this resulted in a Guidelines range of 24-30 months and a fine of $5,000 - $50,000. As a result of Sengupta testifying in Swedish proceedings against two co-conspirators, the government made a motion for a downward departure based on his substantial assistance in the investigation and recommended a reduction of 3 levels, which would have resulted in a Guidelines range of 15-21 months and a fine of $3,000 - $30,000. The Court, however, departed further and sentenced him to only two months imprisonment and a fine of $6,000.
:
Other Person
:
Government Affairs
:
Foreign
:
Contract Procurement/Retention
:
384,800
:
Wire/check
:
Sales Agent/Consultant
:
50,000
:
Kenya
:
Sweden
:
No
:
No
:
Sweden