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
Saul Mishkin ("Mishkin"), was the owner and Chief Executive Officer of International Security and Defence Systems Ltd., a Florida company headquartered in Aventura, Florida, that sold law enforcement and military equipment.
According to the allegations in the charging documents, Mishkin 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 Mishkin paid a “commission” into Undercover Agent 1’s (“UA-1”) bank account in the United States in connection with a “test sale” of 25 riot control suits to the Ministry of Defense of Gabon (“Phase One”), knowing that half of the “commission” was intended to be paid outside the United States as a bribe to the Minister of Defense of Gabon, for the purposes of obtaining the test sale contract and winning a second, larger contract to supply 92,160 Ready to Eat Meal kits ("MREs") and 1,800 riot control suits to the Ministry of Defense of Gabon (“Phase Two”).
On December 11, 2009, the DOJ filed an indictment against Mishkin, charging him with conspiracy to violate the anti-bribery provisions, violating 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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