Samuel Mebiame, a Gabonese national, was a consultant to a joint venture owned by New York hedge fund OchZiff Capital Management Group LLC and an entity incorporated in Turks and Caicos.
From about 2007 to 2012, Mebiame worked as a “fixer,” helping the joint venture obtain business and mining rights in Africa. Mebiame smoothed the way for the joint venture by paying bribes of among other things, cash and cars, to high-level government officials in Niger, Guinea, and Chad. In Niger alone, Mebiame paid more than $3 million in bribes to secure uranium mining concessions.
On December 9, 2016, the DOJ filed an Information in the Eastern District of New York against Mebiame alleging conspiracy to violate the anti-bribery provisions of the FCPA. On the same date, Mebiame pled guilty to the charge. On June 14, 2017, the court sentenced Mebiame to 2 years in prison and ordered him to pay a mandatory assessment of $100.
In related proceedings, on September 29, 2016, the SEC ordered Och-Ziff, its subsidiary OZ Management, and its CEO and CFO to cease and desist violations of the FCPA and various sections of the Advisors Act. Och-Ziff also entered into a Deferred Prosecution Agreement with the DOJ, and OZ Africa Management pled guilty in a separate enforcement action. In all, the company was ordered to pay over $412 million dollars in sanctions. Also, on October 5, 2017, the DOJ filed a ten count indictment in the Eastern District of New York against Michael L. Cohen, a former Executive Managing Director at Och-Ziff, alleging (1) conspiracy to commit investmet adviser fraud, (2) investment adviser fraud, (3) conspiracy to commit wire fraud, (4-7) wire fraud, (8) conspiracy to obstruct justice, (9) obstruction of justice, and (10) making false statements. Cohen has also been sued by the SEC in a separate proceeding. Both cases are ongoing.