ABB Ltd. ("ABB"), headquartered in Zurich, Switzerland, was a global provider of power and automation technologies. Defendant ABB Vetco Gray Inc., a subsidiary of ABB, had general responsibility within the Vetco Gray group for business in the "Western Region." Defendant ABB Vetco Gray UK Ltd., also a subsidiary of ABB, had general responsibility within the Vetco Gray group for business in the "Eastern Region," which included, among other countries, Nigeria.
From 1998 to 2001, ABB Vetco Gray Inc. and ABB Vetco Gray UK Ltd. paid approximately $1,156,700 in cash and gifts to officials of the National Petroleum Investment Management Service ("NAPIMS"), the Nigerian state-owned agency responsible for overseeing Nigeria's investment in petroleum exploration and production. The bribes were made to induce NAPIMS officials to provide confidential and proprietary information regarding its evaluations of competing bids and thereby provide a competitive advantage to the defendants in bidding for projects, and to secure favorable consideration on Vetco Gray bids from NAPIMS. The bids were for seven oil and gas construction contracts in Nigeria which were expected to realize profits of almost $12 million.
On June 22, 2004, the DOJ filed an Information against ABB Vetco Gray Inc. and ABB Vetco Gray UK Ltd., charging them with anti-bribery and aiding and abetting the anti-bribery provisions of the FCPA. On July 6, 2004, ABB Vetco Gray Inc. and ABB Vetco Gray UK Ltd. both entered into plea agreements with the DOJ. Each company agreed to pay a $5,250,000 fine.
In a related action, on November 30, 2004, ABB consented to the entry of a final judgment permanently enjoining the company from future violations of the FCPA. ABB was ordered to pay $5,501,157 in disgorgement, $414,248 in prejudgment interest, and a $10,500,000 civil penalty.
