Enforcement Action

 

Docket or Case Number:    18-cr-00012

Court:    D. Maryland

Initiation Date:    01/10/2018  Information

Prosecuting Agency:    US Department of Justice

Name of Prosecuting Attorneys:   

  • Sandra L. Moser, Acting Chief, Fraud Section, Criminal Division
  • Stephen M. Schenning, Acting U.S. Attorney
  • David I. Salem, Assistant United States Attorney
  • Michael T. Packard, Assistant United States Attorney

Assisting Agencies:    N/A

Type of Action:    DOJ Criminal Proceeding

Origin of the Proceeding:    N/A

Whistleblower:    Unknown

Case Status:    Ongoing


Summary  Information

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 violated 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 January 25, 2018, Lambert pled not guilty.

This case is ongoing.

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. Condrey was scheduled to be sentenced on June 1, 2017. It does not appear Condrey has been sentenced yet, so that case is ongoing.

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.

Country(ies) involved:    Russia

Sanction to Bribe Ratio:    N/A

Sanction to Revenue Ratio:    N/A

Sanction to Profit Ratio:    N/A

Number of Related Enforcement Actions (Including This Enforcement Action):    5

Country(ies) involved:    Russia

Total $ Bribery Payments:    $2,126,622

Total $ Revenue Generated from Bribery:    N/A

Total $ Profit Earned or Expenses Avoided from Bribery:    N/A

Total $ Monetary Sanctions:    $4,153,222

Sanction to Bribe Ratio:    $4,153,222 / $2,126,622 = (195.30 %)

Sanction to Revenue Ratio:    N/A

Sanction to Profit Ratio:    N/A

Name:    Mark T. Lambert

Employers & Positions:    Transport Logistics International, Inc. - Owner, Executive, Co-President

Country:    United States

FCPA Claims:    Anti-Bribery, Conspiracy (18 U.S.C. 371) ; Anti-Bribery, Primary, Domestic Concern (15 U.S.C. § 78dd-2) ; Anti-Bribery, Aiding and Abetting/Causing (18 U.S.C. § 2, 15 U.S.C. §§ 78dd-1, 78dd-2, and/or 78dd-3)

Related Claims:    Conspiracy to Commit Wire Fraud (18 U.S.C. § 371; 18 U.S.C. § 1343) ; Wire Fraud (18 U.S.C. § 1343) ; Money Laundering (18 U.S.C. § 1956) ; Aiding and Abetting/Causing Money Laundering (18 U.S.C. § 2; 18 U.S.C. §§ 1956, 1957) ; Criminal Forfeiture (28 U.S.C. § 2461; 18 U.S.C. § 981) ; Criminal Forfeiture (18 U.S.C. § 982)

Statutory Basis for FCPA Jurisdiction:    Domestic Concern ; Domestic Concern (Officer) ; Domestic Concern (Employee) ; Domestic Concern (Agent) ; Conspirator ; Aider & Abettor/Cause/Control Person

Period of Bribery:   2004 - 2014

Total Bribery Payments:    $517,081

Total Revenue Generated from Bribery:    N/A

Total Profit Earned or Expenses Avoided from Bribery:    N/A

Country(ies) involved:    Russia

Officials Potentially Influenced (Name; Title; Organization): 

  • Vadim Mikerin; Director; President; JSC Techsnabexport; TENAM Corporation

Defendant-Related Entities Involved in the Misconduct:    N/A

Third-Party Intermediary:   

  • British Virgin Islands shell company , Shell Company
  • Seychelles shell company , Shell Company
  • U.K. shell company , Shell Company

Type of Bribe:   Money

Cash, Wire or Check:    Wire Transfer

Purpose of Bribe:    Obtain/retain business

TRANSACTION OVERVIEW
Payments in Russia

Period of Bribery:   2004 – 2014

Total Bribery Payments:    $517,081

Total Revenue Generated from Bribery:    N/A

Total Profit Earned or Expenses Avoided from Bribery:    N/A

Country(ies) involved:    Russia

Officials Potentially Influenced (Name; Title; Organization):  

  • Vadim Mikerin; Director; President; JSC Techsnabexport; TENAM Corporation;

Defendant-Related Entities Involved in the Misconduct:    N/A

Third Party Intermediary:    British Virgin Islands shell company - Shell Company
Seychelles shell company - Shell Company
U.K. shell company - Shell Company

Type of Bribe:   Money

Cash, Wire or Check:    Wire Transfer

Purpose of Bribe:    Obtain/retain business

Misconduct by Subsidiary?  No


M&A Negotiated or Completed During Misconduct, Investigation, or Resolution?     No

N/A

Mitigating Factors Referenced by the Government (Individual Defendants):

Defendant Cooperation
Mark T. Lambert  

Aggravating Factors Referenced by the Government (Individual Defendants):

Defendant Insufficient Cooperation
Mark T. Lambert  

Total Monetary Sanctions for the Action:    $0

Case Status:    Ongoing


Disposition:    Undetermined

Date of Disposition:    N/A

Mark T. Lambert

—  Total Monetary Sanctions for Defendant:    $0

—  Imprisonment/Incarceration:    None

—  Probation/Supervised Release:    None

—  House Arrest:    None

—  Community Service:    None

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