ABB Ltd. ("ABB"), headquartered in Zurich, Switzerland, was a global provider of power and automation technologies. Defendant John Samson was the regional sales manager for Vetco Gray Nigeria Ltd., a subsidiary of ABB in Nigeria. Defendant John G. A. Munro was the senior vice president of operations for Vetco Gray UK Ltd., a former subsidiary of ABB based in the United Kingdom. Defendant Ian N. Campbell was the vice president of finance for Vetco Gray UK Ltd. Defendant John H. Whelan was a vice president of sales for Vetco Gray, Inc., a former subsidiary of ABB based in the United States.
In 1999, bids were solicited for a contract to provide equipment for an oil drilling project in Nigeria's offshore Bonga Oil Field. From 1999 through 2001, in order to obtain the Bonga contract, the defendants participated in a scheme in which approximately $1 million in illiict payement and gifts were given to officials of the National Petroleum Investment Management Service ("NAPIMS"). The NAPIMS officials participated in the tender process by evaluating bids and approving the contract award. The illicit payments were made to induce and reward NAPIMS officials for providing ABB with confidential competitor bid information, and securing favorable consideration of ABB's bid on the Bonga contract. John Samson personally profited from the bribery scheme by obtaining $50,000 in kickbacks from one of the NAPIMS officials who received illict payments. In early 2001, ABB was awarded the Bonga contract, which was worth $180 million in revenue to ABB.
On July 5, 2006, the DOJ filed a complaint against John Samson, John G. A. Munro, Ian N. Campbell, and John H. Whelan, charging them with violating the anti-bribery and books and records provisions of the FCPA, and aiding and abetting violations of the books and records and internal controls provisions of the FCPA. On July 14, 2006, without admitting or denying the allegations, John Samson, John G. A. Munro, Ian N. Campbell, and John H. Whelan consented to the entry of a final judgment permanently enjoining them from future violations of the FCPA. Under the terms of the judgments, Samson agreed to forfeit $50,000 and pay a $50,000 penalty plus interest. Each of the remaining defendants agreed to pay a $40,000 penalty.
In a related action, 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.
