SBM Offshore N.V. was a publicly traded Dutch company with offices in Amsterdam, Monaco, Switzerland, and Houston, Texas. SBM Offshore specialized in designing, constructing, and providing offshore oil and gas drilling equipment. The company maintained several wholly-owned subsidiaries based in Houston, including SBM Offshore USA Inc.
Robert Zubiate was a Sales and Marketing Executive at SBM Offshore USA from 1990 through 2016. Starting around the time he began employment with SBM Offshore's subsidiary until 2008, Zubiate was in charge of the company's sales and marketing efforts in Latin America, including Brazil.
According to the Information, beginning in around 1996 and continuing until 2012, SBM Offshore, its Houston-based subsidiary, and various executives, employees, and sales agents entered into an agreement to pay bribes to foreign officials at Petrobras, the Brazilian national oil company, in order to obtain and retain business for SBM Offshore. These bribes were primarily paid through a Brazil-based oil and gas services intermediary and Swiss shell companies controlled by the intermediary. Zubiate also arranged to be paid kickbacks by the intermediary in amounts that effectively equaled the bribes being paid to the Petrobras officials. In all, at least $5.5 million in bribes were paid.
On October 6, 2017, the DOJ filed a single count Information in the Southern District of Texas against Zubiate alleging conspiracy to violate the anti-bribery provisions of the FCPA. According to the DOJ press release announcing the enforcement action, Zubiate pled guilty on November 6, 2017. On September 28, 2018, the court sentenced Zubiate to 30 months in prison to be followed by 3 years of supervised release and ordered him to pay a fine of $50,000 plus a mandatory assessment of $100.
In a related proceeding, on October 19, 2017, the DOJ filed a single count Information in the Southern District of Texas against Anthony Mace alleging conspiracy to violate the anti-bribery provisions of the FCPA. On November 9, 2017, Mace entered into a plea agreement with the government. On September 28, 2018, the court sentenced Mace to 3 years in prison to be followed by 1 year of supervised release and ordered him to pay a fine of $150,000 plus a mandatory assessment of $100.
