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U.S. v. Aibel Group Limited

 
:
Aibel Group Ltd.
:
DOJ Criminal
:
February 7, 2007
:
U.S. v. Aibel Group Limited
:
U.S. v. Aibel Group Limited, 4:07-cr-00005-1 (S.D. Tex. 2007)
:
Aibel was formerly part of ABB's Vetco Gray Group, which had been the subject of enforcement action in 2004. In November 2008, Aibel admitted to not being in compliance with the deferred prosecution agreement and pleaded guilty to a two-count information charging conspiracy to violate the FCPA and a violation of the FCPA. Pursuant to the plea agreement, the deferred prosecution agreement was then vacated.
:
Energy (Non-Utility)-Oil & Gas-Exploration/Production
:
Nigeria
:
2001; 2002; 2003; 2004; 2005
:
Government officials in Nigeria
:
Starting in February 2001, Aibel Group began managing the contract to engineer, procure, and construct all subsea equipment in connection with Nigeria's first deepwater oil project, the Bonga Project. Agents of the defendant corporation began offering unlisted services, including express courier service, to help clear Nigerian customs faster and to import oil equipment duty free. The defendant corporation would falsify customs papers so as to hide unlisted services. Further, agents of the defendant corporation made at least $45,000 in payments to officials in the Nigeria Customs Service to procure an improper advantage.

In November 2008, Aibel admitted to not being in compliance with the deferred prosecution agreement and pleaded guilty to a two-count information charging conspiracy to violate the FCPA and a violation of the FCPA. The plea agreement listed the total amount of payments at $2.1 million to obtain $10.5 million in business. Pursuant to the plea agreement, the deferred prosecution agreement was vacated, and Aibel agreed to pay $4.2 million in fines.
Additional related facts are available in the entry for Vetco Gray Controls, Inc.
:
Anti-bribery (Domestic Concern)
:
Fine, Plea, Probation
:
Aibel agreed to a deferred prosecution agreement, which was subsequently vacated in 2008 after a guilty plea by Aibel. Aibel also agreed upon a fine of $4,200,000, a mandatory special assessment of $800 and organizational probation of 2 years.
:
4,200,800
:
0
:
Total Offense Level: 30 (Base Offense of 12 plus Specific Offense Characteristic of 18). Total Culpability Score: 1 (Base Score of 5 plus Willfulness of 1 minus Cooperation of 5). Fine range of $2,100,000 - $4,200,000.
:
Foreign
:
Customs Clearance
:
10,500,000
:
Cash, Gifts
:
Direct, Sales Agent/Consultant
:
2,100,000
:
United Kingdom
:
United States
:
No
:
No