Prior to 2007, JSC Techsnabexport ("'TENEX") was a wholly-owned subsidiary of Rosimushchestvo, the Russian Federation's agency responsible for state property management. Beginning in 2007, TENEX was a wholly-owned subsidiary of JSC Atomenergoprom, which was a wholly-owned subsidiary of The State Atomic Energy Corporation ROSATOM ("ROSATOM"). TENEX operated as the sole supplier and exporter of Russian Federation uranium and uranium enrichment services to nuclear power companies worldwide. In about October 2010, TENEX established TENAM Corporation ("TENAM") as its wholly-owned subsidiary and official representative in the United States.
Vadim Mikerin was a Director of the Pan American Department of TENEX from about 2004 through about 2010, and was the President of TENAM from about October 2010 through about October 2014.
Between 2004 and October 2014, Mikerin conspired with others to transmit funds from Maryland and elsewhere in the United States to offshore shell company bank accounts located in Cyprus, Latvia, and Switzerland for the purpose of promoting a corrupt payment scheme that violated the FCPA. The payments were made to influence Mikerin and to secure improper business advantages for U.S. companies that did business with TENEX. Mikerin used consulting agreements and code words such as “lucky figure,” “LF,” “cake” and “remuneration” to disguise the corrupt payments.
The case against Mikerin was initiated under seal in the District of Maryland on July 25, 2014 by the DOJ. On August 27, 2015, the DOJ filed a superseding information against Mikerin alleging conspiracy to commit money laundering. On August 31, 2015, Mikerin entered into a plea agreement with the DOJ in which he pleaded guilty to the single count of conspiracy. On December 15, 2015, the court sentenced Mikerin to 4 years in prison and ordered him to pay a mandatory assessment of $100 and forfeit $2,126,622.36.
There are several related proceedings connected to this one. The DOJ initiated a case under seal in the District of Maryland on October 29, 2014, against Boris Rubizhevsky, the owner and sole employee of NexGen Security Corporation. On June 10, 2015, the DOJ filed a sealed information (unsealed on June 15) against Rubizhevsky alleging conspiracy to commit money laundering. On June 15, 2015, Rubizhevsky entered into a plea agreement with the DOJ in which he pleaded guilty to the conspiracy charge. On November 13, 2017, the court sentenced Rubizhevsky to one year and one day in prison to be followed by three years of supervised release. Rubizhevsky also agreed to forfeit $26,500.
On January 10, 2018, the DOJ filed a single count Information in the District of Maryland against Transport Logistics International, Inc., ("TLI") alleging conspiracy to violate the anti-bribery provisions of the FCPA. On March 12, 2018, the company entered into a deferred prosecution agreement with the DOJ. Under the terms of the agreement, TLI agreed to pay a fine of $2 million, continue to implement its enhanced compliance policies and procedures, and to report on the status of its anti-corruption compliance to the DOJ for a term of three years. The DOJ noted the company's thorough cooperation and remediation and determined that a departure of 25% below the sentencing guidelines range was an appropriate fine. That 25% departure would have been a fine of $21,375,000, but the company represented, and the DOJ confirmed, that it was unable to pay a fine greater than $2 million.
On January 10, 2018, the DOJ filed an eleven count indictment in the District of Maryland against Mark T. Lambert. On April 3, 2019, the DOJ filed a superseding indictment alleging the same 11 counts. On May 22, 2019, the DOJ filed a second superseding indictment alleging the same 11 counts. On January 25, 2018, Lambert pled not guilty. Lambert's trial began on October 29, 2019, and on November 22, 2019, the jury convicted him on 7 of the 11 counts in the indictment. On October 30, 2020, the court sentenced Lambert to 4 years in prison to be followed by 3 years of supervised release and ordered him to pay a monetary penalty of $20,000 plus a mandatory assessment of $700. The court also ordered Lambert to forfeit $56,416.72 in currency in three separate bank accounts plus two watches. On November 24, 2020, Lambert filed a notice that he would be appealing the verdict and amended judgments in the case.
The DOJ initiated a case against Daren Condrey, an owner and executive of TLI, under seal in the District of Maryland on October 29, 2014. On June 16, 2015, the DOJ filed a sealed information (unsealed on June 17, 2015) against Condrey alleging conspiracy to violate the FCPA and conspiracy to commit wire fraud. On June 17, 2015, Condrey entered into a plea agreement with the DOJ in which he pleaded guilty to both conspiracy charges. On April 30, 2021, the court sentenced Condrey to two years in prison to be followed by two years of supervised release and ordered him to pay a fine of $12,500 plus a mandatory assessment of $100.
