Transport Logistics International, Inc. ("TLI"), headquartered in Maryland, was in the business of providing logistical support services for the transportation of nuclear materials to customers in the United States and to foreign customers.
Mark T. Lambert was an owner and executive of TLI from about August 1998 through about September 2016. Lambert was the co-President of TLI from about January 2010 through about September 2016. Lambert was a co-owner and co-president at TLI with Daren Condrey, who was charged in a separate proceeding.
JSC Techsnabexport ("TENEX") supplied uranium and uranium enrichment services to nuclear power companies throughout the world on behalf of the Russian government. TENEX was indirectly owned and controlled by, and performed functions of, the Russian government. TENAM Corporation was a wholly-owned subsidiary of TENEX and was TENEX's official representative in the United States.
According to the allegations made in the indictment, between about 2004 and about 2014, Lambert and his co-conspirators agreed to make payments, and caused TLI to make payments, to Vadiim Mikerin, a Director of TENEX and President of TENAM, in order to obtain and retain business with TENEX. According to documents filed in the related case against Condrey, in order to effectuate the bribe payments to Mikerin, the conspirators obtained the money used to pay the bribes by inflating the prices TLI charged TENEX for services, thereby depriving TENEX of money and property.
On January 10, 2018, the DOJ filed an eleven count indictment in the District of Maryland against Lambert alleging (1) conspiracy to violate the anti-bribery provisions of the FCPA and conspiracy to commit wire fraud, (2-8) direct violations of the anti-bribery provisions of the FCPA, (9-10) wire fraud, and (11) money laundering. On April 3, 2019, the DOJ filed a superseding indictment alleging the same 11 counts. On May 22, 2019, the DOJ filed a second superseding indictment alleging the same 11 counts.
On January 25, 2018, Lambert pled not guilty. Lambert's trial began on October 29, 2019, and on November 22, 2019, the jury convicted him on 7 of the 11 counts in the indictment.
On October 30, 2020, the court sentenced Lambert to 4 years in prison to be followed by 3 years of supervised release and ordered him to pay a monetary penalty of $20,000 plus a mandatory assessment of $700. The court also ordered Lambert to forfeit $56,416.72 in currency in three separate bank accounts plus two watches. On November 24, 2020, Lambert filed a notice that he would be appealing the verdict and amended judgments in this case.
On July 21, 2022, the Fourth Circuit Court of Appeals affirmed the verdict and judgment of the district court.
There are several related proceedings connected to this one. The DOJ initiated a case against Condrey under seal in the District of Maryland on October 29, 2014. On June 16, 2015, the DOJ filed a sealed Information (unsealed on June 17, 2015) against Condrey alleging conspiracy to violate the FCPA and conspiracy to commit wire fraud. On June 17, 2015, Condrey entered into a plea agreement with the DOJ in which he pleaded guilty to both conspiracy charges. On April 30, 2021, the court sentenced Condrey to two years in prison to be followed by two years of supervised release and ordered him to pay a fine of $12,500 plus a mandatory assessment of $100.
On January 10, 2018, the DOJ filed a single count Information in the District of Maryland against TLI alleging conspiracy to violate the anti-bribery provisions of the FCPA. On March 12, 2018, the company entered into a deferred prosecution agreement with the DOJ. Under the terms of the agreement, TLI agreed to pay a fine of $2 million, continue to implement its enhanced compliance policies and procedures, and to report on the status of its anti-corruption compliance to the DOJ for a term of three years. The DOJ noted the company's thorough cooperation and remediation and determined that a departure of 25% below the sentencing guidelines range was an appropriate fine. That 25% departure would have been a fine of $21,375,000, but the company represented, and the DOJ confirmed, that it was unable to pay a fine greater than $2 million.
The DOJ initiated a case against Mikerin under seal in the District of Maryland on July 25, 2014 by the DOJ. On August 27, 2015, the DOJ filed a superseding Information against Mikerin alleging conspiracy to commit money laundering. On August 31, 2015, Mikerin entered into a plea agreement with the DOJ in which he pleaded guilty to the single count of conspiracy. On December 15, 2015, the court sentenced Mikerin to 4 years in prison and ordered him to pay a mandatory assessment of $100 and forfeit $2,126,622.36.
The DOJ initiated a case under seal in the District of Maryland on October 29, 2014, against Boris Rubizhevsky, the owner and sole employee of NexGen Security Corporation. On June 10, 2015, the DOJ filed a sealed Information (unsealed on June 15) against Rubizhevsky alleging conspiracy to commit money laundering. On June 15, 2015, Rubizhevsky entered into a plea agreement with the DOJ in which he pleaded guilty to the conspiracy charge. On November 13, 2017, the court sentenced Rubizhevsky to one year and one day in prison to be followed by three years of supervised release. Rubizhevsky also agreed to forfeit $26,500.
