Steven A. Tyrell, Chief, Fraud Section, Criminal Division
Hank Bond Walther, Assistant Chief, Fraud Section, Criminal Division
Channing D. Phillips, Acting U.S. Attorney
Matthew C. Solomon, Assistant United States Attorney
Laura N. Perkins, Trial Attorney, Fraud Section, Criminal Division
US Assisting Agencies:
Federal Bureau of Investigation
Foreign Enforcement Action/Investigation:
Unknown
Foreign Assistance:
Unknown
Origin of the Proceeding:
Unknown
Whistleblower:
Unknown
Case Status:
Resolved
Summary
Amaro Goncalves was Smith & Wesson’s vice president of sales. Smith & Wesson was headquartered in Springfield, Massachusetts. Smith & Wesson was a world-wide leader in the design and manufacture of firearms, firearm safety/security products, rifles, firearms systems, and accessories.
According to the allegations in the charging documents, Amaro Goncalves and 21 other executives allegedly agreed to pay a 20% commission fee (10% would go to an undercover Special Agent with the Federal Bureau of Investigation ("FBI") posing as a representative of the Minister of Defense of Gabon, and the other 10% would go to the Minister of Defense of Gabon) in order to win a $15 million deal to provide weapons and supplies for the Presidential Guard of Gabon.
The DOJ alleges that on June 17, 2009, Amaro Goncalves allegedly sold 25 pistols to what was believed to be Gabon's Ministry of Defense for approximately $12,495. On August 27, 2009, Amaro Goncalves allegedly sent a wire transfer of the 20% "commission" to the undercover Special Agent's bank account. Amaro Goncalves also allegedly agreed to sell 1,800 pistols that included the true sales price plus the 20% "commission" that would be used to pay and facilitate the bribe to Gabon's Minister of Defense.
On December 11, 2009, the DOJ filed an indictment against Amaro Goncalves, charging him with conspiracy to violate the anti-bribery provisions, aiding and abetting the anti-bribery provisions, aiding and abetting, and conspiracy to violate the money laudering provisions of the FCPA. The indictment also seeks forfeiture of any proceeds traceable to FCPA offenses.
On February 21, 2012, Judge Richard Leon dismissed the entire case with prejudice on motion of the government.
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