Foreign Corrupt Practices Act: Enforcement Action Dataset

Initiation Date: 01/04/2017

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 Federal Office of Justice (CH)

Origin of the Proceeding: Unknown

Whistleblower: Unknown

Case Status: Resolved

Summary

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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| Enforcement Action Dataset

Enforcement Action Dataset

Case Information

United States of America v. Juan Jose Hernandez-Comerma

Case Information

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