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

United States v. SBM Offshore, N.V.

 
:
SBM Offshore, N.V.
:
DOJ Criminal
:
November 29, 2017
:
United States v. SBM Offshore, N.V.
:
United States v. SBM Offshore, N.V., No. 17-CR-00686 (S.D. Tex. 2017)
:
Manufacturing/Engineering
:
Angola, Brazil, Equatorial Guinea, Iraq, Kazakhstan
:
1996 - 2012
:
Unnamed officials from Brazilian state energy company; Unnamed officials from Angolan state oil companies; Unnamed officials at an Equatorial Guinean government agency and state oil company; Unnamed official at Kazakhstani state oil company; Unnamed official at subsidiary of Italian energy company acting for or on behalf of Kazakhstani state oil company; unnamed Iraqi officials at Iraqi state oil company
:
SBM Offshore N.V. (“SBM”) is a Netherlands-based company specializing in the manufacture and design of offshore oil drilling equipment. SBM Offshore USA, Inc. (“SBM USA”) is a wholly owned subsidiary of SBM based in the United States.

According to the DOJ, from approximately 1996 until 2012, SBM and its co-conspirators engaged in a series of bribery schemes involving officials from state or state-affiliated energy or oil companies in Brazil, Angola, Equatorial Guinea, Kazakhstan, and Iraq.

In Brazil, from 1996 to 2012, SBM and SBM USA paid bribes to at least three officials at Petrobras, a Brazilian state energy company. In Angola, from 1997 to 2012, SBM paid bribes to at least nine officials at Sonangol, an Angolan state oil company, and Sonangol USA Co., a wholly owned subsidiary of Sonangol. In Equatorial Guinea, from 2008 to 2012, SBM paid bribes to at least nine officials at Equatorial Guinea’s Ministry of Mines, Industry and Energy and at GEPetrol, the country’s state oil company. In Kazakhstan, from 2003 to 2009, SBM paid bribes to at least one official at KazMunayGas, the country’s state oil company, and to at least one official at an unnamed subsidiary of an Italian energy company acting in an official capacity for or on behalf of KazMunayGas. In Iraq, from 2009 to 2012, SBM paid bribes to at least two officials at South Oil Company, an Iraqi state oil company.

In general, SBM and its co-conspirators engaged in bribery by paying “commissions” to a local sales agent when SBM received certain projects from the state company. A portion of these commissions went to the agent’s Swiss or Monaco-based bank account and was then wired to the foreign officials at the state company. In certain cases, SBM also directly made payments to foreign officials or provided foreign officials with other things of value or benefits. In addition, SBM obtained confidential information from certain foreign officials through its sales agents that it used for business advantages.

On November 29, 2017, the DOJ announced that it had entered into a DPA with SBM for violations of the FCPA’s anti-bribery provision. According to the DPA, SBM agreed to pay a total monetary penalty of $238 million. On the same day, the DOJ also announced that SBM USA had accepted a plea agreement for its violation of the FCPA’s anti-bribery provision. As part of the plea agreement, SBM USA agreed to pay a $500,000 criminal fine and forfeit $13.2 million. In its DPA, SBM agreed to make these payments on behalf of SBM USA as part of its $238 million penalty.
:
Conspiracy - Anti-Bribery
:
Deferred-prosecution Agreement
:
Reporting Requirements
:
238,000,000
:
0
:
Aider/abettor
:
Foreign
:
Netherlands
:
Contract Procurement/Retention, Other Business Advantage
:
Not stated.
:
Sales Agent/Consultant
:
Not stated.
:
No
:
No