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Enforcement Action Dataset

 

Initiation Date:    12/21/2017  Information

Prosecuting Agency:    U.S. Department of Justice

Type of Action:    DOJ Criminal Proceeding

Docket or Case Number:    17-cr-788

Court:    S.D. New York

Name of Prosecuting Attorneys:   

  • Joon H. Kim, Acting U.S. Attorney
  • Sandra L. Moser, Acting Chief, Fraud Section, Criminal Division

US Assisting Agencies:   

  • Federal Bureau of Investigation

Foreign Enforcement Action/Investigation:    Unknown

Foreign Assistance:   

  • Swiss Law Enforcement Agency (CH)
  • Brazilian Law Enforcement Agency (BR)
  • Dominican Republic Law Enforcement Agency (DO)
  • South African Law Enforcement Agency (ZA)

Origin of the Proceeding:    Unknown

Whistleblower:    Unknown

Case Status:    Resolved


Summary  Information

Embraer S.A., a company incorporated and headquartered in Brazil, was a large manufacturer of mid-size commercial and executive jets and supplier of defense aircraft to the Brazilian Air Force and other countries throughout the world. Embraer's shares were registered with the SEC and traded on the New York Stock Exchange.

Embraer Representations LLC ("Embraer RL") was a wholly-owned American Embraer subsidiary.

Colin Steven, a U.K. citizen and resident of the United Arab Emirates, was an executive with Embraer's Executive Jets Division.

From about November 2009 through April 2011, Steven participated in a scheme with others to bribe an official of the Saudi Arabian Oil Company, commonly known as Saudi Aramco, in order to secure the sale of $93 million of Embraer jets to the company. In all, approximately $1.5 million in bribe payments were made by Embraer to the Saudi officlal through an intermediary company located in South Africa, which was an industrial valve and pump manufacturer with no experience in the aerospace industry, but which was owned by friends of Steven. In addition to participating in the bribery scheme, Steven arranged to receive a kickback from a portion of the bribe proceeds.

On December 21, 2017, the DOJ filed a seven count Information in the Southern District of New York against Steven alleging (1) conspiracy to violate the anti-bribery provisions of the FCPA, (2) direct and aiding and abetting violations of the anti-bribery provisions of the FCPA, (3) conspiracy to commit wire fraud, (4) wire fraud, (5) conspiracy to commit money laundering, (6) money laundering, and (7) false statements. On the same date, Steven pleaded guilty to the charges. On December 18, 2018, the court sentenced Steven to time served in prison and ordered him to pay a fine of $25,000 plus a mandatory assessment of $700.

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