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Enforcement Action Dataset

 

Initiation Date:    01/04/2017  Information

Prosecuting Agency:    U.S. Department of Justice

Type of Action:    DOJ Criminal Proceeding

Docket or Case Number:    17-cr-00005

Court:    S.D. Texas

Name of Prosecuting Attorneys:   

  • Kenneth Magidson, United States Attorney
  • John P. Pearson, Deputy Chief
  • Robert S. Johnson, Assistant United States Attorney
  • Andrew Weissman, Chief, Fraud Section, Criminal Division
  • Aisling O'Shea, Trial Attorney, Fraud Section, Criminal Division
  • Jeremy R. Sanders, Trial Attorney, Fraud Section, Criminal Division

US Assisting Agencies:   

  • Federal Bureau of Investigation
  • Internal Revenue Service
  • U.S. Immigration and Customs Enforcement

Foreign Enforcement Action/Investigation:    Unknown

Foreign Assistance:   

  • Swiss Law Enforcement Agency (CH)

Origin of the Proceeding:    Unknown

Whistleblower:    Unknown

Case Status:    Resolved


Summary  Information

Juan Jose Hernandez-Comerma, a resident of Florida, worked as an employee of Abraham Jose Shiera-Bastidas, a defendant in a related action, including as the general manager of one of Shiera's companies and later as a business partner with Shiera in the same company.

Petroleos de Venezuela S.A. ("PDVSA") was the Venezuelan state-owned and state-controlled oil company.

Between 2008 and 2012, Hernandez engaged in a conspiracy with defendants in related actions, Shiera, Roberto Enrique Rincon-Fernandez, Moises Abraham Millan-Escobar, as well as others to pay bribes to officials at PDVSA to obtain business for Shiera and Rincon's companies.

On January 4, 2017, the DOJ filed a two count Information in the Southern District of Texas against Hernandez alleging conspiracy to violate the anti-bribery provisions of the FCPA as well as direct and aiding and abetting violations of the anti-bribery provisions of the FCPA. According to a DOJ press release, Hernandez has pleaded guilty to at least one count, but the plea agreement remains sealed. On January 8, 2020, the court sentenced Hernandez to 4 years in prison to be followed by 3 years of supervised release and ordered him to pay a fine of $127,000 plus a mandatory assessment of $200. In a separate oreder on the same day, the court ordered Hernandez to forfeit $3 million.

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