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 | Enforcement Action Dataset

Stanford Foreign Corrupt Practices Act Clearinghouse a Collaboration with Sullivan & Cromwell LLP

Enforcement Action Dataset

 
United States of America v. David Diaz · Sargeant Marine's Involvement in Brazil, Ecuador, and Venezuela between 2010 and 2018

Case Information

United States of America v. David Diaz

Related FCPA Matter:   Sargeant Marine's Involvement in Brazil, Ecuador, and Venezuela between 2010 and 2018 Information

Case Information

Initiation Date:    03/28/2018  Information

Prosecuting Agency:    U.S. Department of Justice

Type of Action:    DOJ Criminal Proceeding

Docket or Case Number:    18-cr-00140

Court:    E.D. New York

Name of Prosecuting Attorneys:   

  • Richard P. Donoghue, United States Attorney
  • Sandra L. Moser, Acting Chief, Fraud Section, Criminal Division
  • Mark E. Bini, Assistant United States Attorney
  • Whitman G.S. Knapp, Assistant United States Attorney

US Assisting Agencies:   

  • Federal Bureau of Investigation

Foreign Enforcement Action/Investigation:    Unknown

Foreign Assistance:   

  • Brazilian Law Enforcement Agency (BR)

Origin of the Proceeding:    Unknown

Whistleblower:    Unknown

Case Status:    Resolved


Summary  Information

Sargeant Marine Inc. was a large asphalt company incorporated and based in Boca Raton, Florida.

David Diaz, a citizen of both Venezuela and the U.S., worked as an agent in Venezuela for Sargeant Marine and a second unnamed asphalt company.

According to the documents in this case, between 2012 and 2018, Diaz engaged in two conspiracies to pay bribes to various officials at Venezuela's state-owned oil company, Petroleos de Venezuela S.A. ("PDVSA"). First, Diaz acted as an agent for the unnamed asphalt company to pay commissions to a PDVSA official for every barrel of asphalt purchased by the unnamed company from PDVSA. Second, Diaz acted as an agent for Sargeant Marine to purchase asphalt from PDVSA, to acquire inside, non-public information from PDVSA to obtain an improper advantage in the purchase and sale of asphalt, and to recover certain late fees, called demurrage fees, owed by PDVSA to a Swiss asphalt company related to Sargeant Marine.

On March 28, 2018, the DOJ filed a two count Information in the Eastern District of New York against Diaz alleging conspiracy to violate the anti-bribery provisions of the FCPA. According to the docket, Diaz pled guilty on the same date, but the details of any plea agreement are currently unknown.

On October 18, 2024, the court sentenced Diaz to one year of probation and ordered him to pay forfeiture of $536,093 plus a mandatory assessment of $200.

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