Processing your request


please wait...

Enforcement Action Dataset

 

Docket or Case Number:    09-CR-346-RJL

Court:    District of Columbia

Initiation Date:    12/11/2009  Information

Prosecuting Agency:    US Department of Justice

Name of Prosecuting Attorneys:   

  • Steven A. Tyrell, Chief, Fraud Section, Criminal Division
  • Hank Bond Walther, Assistant Chief, Fraud Section, Criminal Division
  • Channing D. Phillips, Acting U.S. Attorney
  • Matthew C. Solomon, Assistant United States Attorney
  • Laura N. Perkins, Trial Attorney, Fraud Section, Criminal Division

Assisting Agencies:    Federal Bureau of Investigation

Type of Action:    DOJ Criminal Proceeding

Origin of the Proceeding:    Undercover operation

Whistleblower:    Unknown

Case Status:    Resolved


Summary  Information

Andrew Bigelow ("Bigelow"), was Managing Partner and Director of Government Programs for GunSearch.com, a company that was based in Sarasota, Florida, and was in the business of selling machine guns, grenade launchers, and other small arms and accessories.

According to the allegations in the indictment, Bigelow and 21 other executives allegedly agreed to pay a 20% commission fee (10% would go to an undercover Special Agent with the Federal Bureau of Investigation ("FBI") posing as a representative of the Minister of Defense of Gabon, and the other 10% would go to the Minister of Defense of Gabon) in order to win a $15 million deal to provide weapons and supplies for the Presidential Guard of Gabon.

The DOJ alleges that on June 17, 2009, Bigelow allegedly sold M4 rifles to what was believed to be Gabon's Ministry of Defense for approximately $17,004. On September 3, 2009, Bigelow allegedly sent a wire transfer of the 20% "commission" to the undercover Special Agent's bank account. Bigelow also allegedly accepted a purchase agreement for phase two of the deal which would involve the sale of a larger quantity of M4 rifles to outfit the rest of the Presidential Guard.

On December 11, 2009, the DOJ filed an indictment against Bigelow, charging him with conspiracy to violate the anti-bribery provisions, violating the anti-bribery provisions, aiding and abetting, and conspiracy to violate the money laudering provisions of the FCPA. The indictment also seeks forfeiture of any proceeds traceable to FCPA offenses.

Bigelow, along with three other defendants, Pankesh Patel, John Benson Weir, and Lee Allen Tolleson, went to trial in mid-May, but due to the jury's inability to reach a verdict, a mistrial was declared on July 7, 2011. The second group of defendants (Patrick Caldwell, John Mushriqui, Jeana Mushriqui, Stephen Giordanella, John Godsey, and Marc Morales) went to trial on September 28, 2011. In December 2011, the judge dismissed the conspiracy charges against the second group of defendants. On January 30, the jury found Godsey and Caldwell not guilty. On January 31, 2012, a mistrial was declared as to the rest of the defendants in the second group.

On February 21, 2012, Judge Richard Leon dismissed the entire case with prejudice on motion of the government.

Country(ies) involved:    Gabon

Sanction to Bribe Ratio:    Not Applicable

Sanction to Revenue Ratio:    Not Applicable

Sanction to Profit Ratio:    Not Applicable

Number of Related Enforcement Actions (Including This Enforcement Action):    1

Country(ies) involved:    Gabon

Total $ Bribery Payments:    Unknown

Total $ Revenue Generated from Bribery:    $15,000,000

Total $ Profit Earned or Expenses Avoided from Bribery:    Unknown

Total $ Monetary Sanctions:    $0

Sanction to Bribe Ratio:    Not Applicable

Sanction to Revenue Ratio:    Not Applicable

Sanction to Profit Ratio:    Not Applicable

Name:    Andrew Bigelow

Employers & Positions:    The Gun Search.com LLC - Managing Partner, Director of Government Programs

Country:    United States

FCPA Claims:    Anti-Bribery, Conspiracy (18 U.S.C. 371) ; Anti-Bribery, Primary, Domestic Concern (15 U.S.C. § 78dd-2) ; Anti-Bribery, Aiding and Abetting/Causing (18 U.S.C. § 2, 15 U.S.C. §§ 78dd-1, 78dd-2, and/or 78dd-3)

Related Claims:    Criminal Forfeiture (28 U.S.C. § 2461; 18 U.S.C. § 981) ; Conspiracy to Launder Money (18 U.S.C. §§ 1956, 1957) ; Criminal Forfeiture (18 U.S.C. § 982)

Statutory Basis for FCPA Jurisdiction:    Domestic Concern ; Conspirator ; Aider & Abettor/Cause/Control Person

Period of Bribery:   2009 - 2009

Total Bribery Payments:    Unknown

Total Revenue Generated from Bribery:    $15,000,000

Total Profit Earned or Expenses Avoided from Bribery:    Unknown

Country(ies) involved:    Gabon

Officials Potentially Influenced (Name; Title; Organization): 

  • Name Unknown, Official; Minister of Defense of Gabon

Affiliates, Subsidiaries and Joint Ventures Involved in the Misconduct:    None/Unknown

Third-Party Intermediary:   

  • Richard T. Bistrong, Vice President of International Sales for Armor Holdings, which manufactured and supplied law enforcement and military equipment to law enforcement and military customers around the world , Agent/Consultant/Broker
  • Undercover Agent 1, a Special Agent with the FBI posing as a representative of the Minister of Defense of Gabon , Agent/Consultant/Broker
  • Undercover Agent 2, a Special Agent with the FBI posing as a procurement officer for Gabon's Ministry of Defense , Agent/Consultant/Broker

Type of Bribe:   Money

Cash, Wire or Check:    Wire Transfer

Purpose of Bribe:    Obtain/retain business

TRANSACTION OVERVIEW
Bribes paid to the Minister of Defense of Gabon

Period of Bribery:   2009 – 2009

Total Bribery Payments:    Unknown

Total Revenue Generated from Bribery:    $15,000,000

Total Profit Earned or Expenses Avoided from Bribery:    Unknown

Country(ies) involved:    Gabon

Officials Potentially Influenced (Name; Title; Organization):  

  • Name Unknown, Official; Minister of Defense of Gabon;

Affiliates, Subsidiaries and Joint Ventures Involved in the Misconduct:    None/Unknown

Third Party Intermediary:    Richard T. Bistrong, Vice President of International Sales for Armor Holdings, which manufactured and supplied law enforcement and military equipment to law enforcement and military customers around the world - Agent/Consultant/Broker
Undercover Agent 1, a Special Agent with the FBI posing as a representative of the Minister of Defense of Gabon - Agent/Consultant/Broker
Undercover Agent 2, a Special Agent with the FBI posing as a procurement officer for Gabon's Ministry of Defense - Agent/Consultant/Broker

Type of Bribe:   Money

Cash, Wire or Check:    Wire Transfer

Purpose of Bribe:    Obtain/retain business

Misconduct by Subsidiary?  No

M&A Negotiated or Completed During Misconduct, Investigation, or Resolution?     No

Not Applicable

Mitigating Factors Referenced by the Government (Individual Defendants):

Defendant Cooperation
Andrew Bigelow  

Aggravating Factors Referenced by the Government (Individual Defendants):

Defendant Insufficient Cooperation
Andrew Bigelow  

Total Monetary Sanctions for the Action:    $0

Case Status:    Resolved


Disposition:    Dismissal with Prejudice (Pre-Trial)

Date of Disposition:    02/24/2012

Andrew Bigelow

—  Total Monetary Sanctions for Defendant:    $0

—  Imprisonment/Incarceration:    None

—  Probation/Supervised Release:    None

—  House Arrest:    None

—  Community Service:    None

No Document Title Date Category
2 Charging Document Unsealed 01/19/2010 Case Initiation