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Enforcement Action Dataset

 

Initiation Date:    06/28/2010  Information

Prosecuting Agency:    U.S. Department of Justice

Type of Action:    DOJ Criminal Proceeding

Docket or Case Number:    10-cr-439

Court:    S.D. Texas

Name of Prosecuting Attorneys:   

  • Denis J. McInerney, Chief, Fraud Section, Criminal Division
  • William J. Stuckwisch, Assistant Chief, Fraud Section, Criminal Division
  • Patrick F. Stokes, Senior Trial Attorney, Fraud Section, Criminal Division

US Assisting Agencies:   

  • U.S. Securities and Exchange Commission
  • Federal Bureau of Investigation
  • Department of Justice - Criminal Division's Office of International Affairs

Foreign Enforcement Action/Investigation:   

  • African Development Bank (Foreign Enforcement Action)

Foreign Assistance:   

  • French Law Enforcement Agency (FR)
  • Swiss Law Enforcement Agency (CH)
  • U.K. Law Enforcement Agency (GB)
  • Italian Law Enforcement Agency (IT)

Origin of the Proceeding:    Unknown

Whistleblower:    Unknown

Case Status:    Resolved


Summary  Information

Technip S.A. was a company that carried out project management, engineering and construction for the energy industry. Its headquarters were in Paris, France.

Technip was part of a four-company joint venture called TSKJ, which was comprised of Technip of France, Snamprogetti Netherlands B.V. of the Netherlands, Kellogg Brown & Root of the United States, and JGC Corporation of Japan. Between 1995 and 2004, members of the joint venture devised and implemented a scheme to bribe Nigerian government officials to obtain contracts worth over $6 billion to build liquefied natural gas (LNG) production facilities on Bonny Island in Nigeria The joint venture partners formed a "cultural committee" comprised of senior sales executives at each company to consider how to carry out the bribery scheme. To conceal the illicit payments, the joint venture entered into sham contracts with a shell company controlled by a U.K. solicitor (Jeffrey Tesler, who was given $132 million for the purpose of bribing high-level Nigerian officials) and a Japanese trading company (Marubeni, which was given $51 million for the purpose of bribing low-level Nigerian officials) as conduits for the bribes. Total payments to the two agents exceeded $180 million.

On June 28, 2010, Technip entered into a deferred prosecution agreement with the DOJ in which it agreed to pay a $240 million penalty and to continue to cooperate with ongoing investigations. Technip also agreed to engage a corporate compliance monitor. In exchange, the DOJ agreed to defer prosecution of the two criminal counts that it brought against Technip for conspiracy to violate the FCPA and violating the FCPA’s anti-bribery provisions. On October 15, 2012, after Technip paid the $240 million penalty, fully cooperated with the United States and continued to meet its obligations under the DPA, the United States dismissed with prejudice the criminal information.

In a related civil case brought by the SEC, Technip agreed to disgorge $98 million in profits.

On March 21, 2014 the African Development Bank levied a $5.3 million fine against Technip. The African Development Bank also levied a $6.5 million penalty against Kellogg Brown & Root LLC, and a $5.2 million penalty against JGC.

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