Foreign Corrupt Practices Act: Enforcement Action Dataset

Initiation Date: 05/29/2013

Prosecuting Agency: U.S. Department of Justice

Type of Action: DOJ Criminal Proceeding

Docket or Case Number: 13-cr-00239

Court: E.D. Virginia

Name of Prosecuting Attorneys:

Neil H. MacBride, United States Attorney
Charles F. Connolly, Assistant United States Attorney
Jeffrey H. Knox, Chief, Fraud Section, Criminal Division
Andrew Gentin, Trial Attorney, Fraud Section, Criminal Division

US Assisting Agencies:

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

Foreign Enforcement Action/Investigation:

French Law Enforcement Agency (Foreign Enforcement Action)

Foreign Assistance:

French Law Enforcement Agency (FR)

Origin of the Proceeding: Foreign investigation

Whistleblower: Unknown

Case Status: Resolved

Summary

Total, S.A. ("Total") was a French corporation headquartered in Nanterre, France. At all relevant times, it was engaged in the business of exploring for and developing oil and gas resources around the world. Total owned a number of subsidiaries that conducted business in the United States. Total's American Depositary Shares were registered with the SEC and traded on the New York Stock Exchange.

From around May 1995 until about November 29, 2004, Total and its co-conspirators, including Intermediary One and Intermediary Two, participated in a scheme to pay approximately $60 million in unlawful payments to intermediaries designated by an Iranian official, who was the Chairman of an Iranian engineering company that was more than 90% owned by the Government of Iran as well as the head of an Iranian organization concerned with fuel consumption, which was a wholly owned subsidiary of National Iranian Oil Company ("Iranian Official"). The purpose of the payments was to induce the Iranian Official to use his influence to assist Total in obtaining and retaining over $1 billion of business related to the Sirri A and E and South Pars oil and gas field development projects.

On May 29, 2013, the DOJ filed a three count Information in the Eastern District of Virginia against Total alleging conspiracy to violate the anti-bribery provisions of the FCPA as well as knowing violations of books & records and internal controls provisions of the FCPA. On the same date, Total entered into a Deferred Prosecution Agreement with a term of three years and seven days with the DOJ. Under the terms of the DPA, Total accepted responsibility for the conduct alleged in the Information and agreed to pay a criminal fine of $245.2 million, to implement enhanced anti-corruption compliance policies and procedures, and to hire an independent monitor for a period of three years.

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| Enforcement Action Dataset

Enforcement Action Dataset

Case Information

United States of America v. Total, S.A.

Case Information

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