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 | Investigations Dataset

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

Investigations Dataset

 
Investigation into Willbros' Activities in Nigeria and Ecuador · Willbros Group, Inc.

Information & Summary

Investigation into Willbros' Activities in Nigeria and Ecuador

Related FCPA Matter:   Willbros Group/Bilfinger's Involvement in Nigeria and Ecuador from the Early 1990s to 2005 Information

Information & Summary

Investigation Name:    Investigation into Willbros' Activities in Nigeria and Ecuador

Trend:    None

Type of investigation:    Internal, SEC, DOJ

Other Agencies Investigating/Assisting with SEC/DOJ Investigation:   

  • U.S. Office of Foreign Asset Control

Whistleblower:    Unknown

Summary

Willbros Group Inc. (Willbros) was an American publicly traded company that provided construction, engineering, and other services in the oil and gas industry, and Willbros International Inc. (WII) was the wholly owned subsidiary through which it conducted international operations.

According to Willbros' SEC filings, on January 6, 2005, J. Kenneth Tillery, then President of WII, who was principally responsible for all international operations, resigned from the company. Following Mr. Tillery’s resignation, Willbros’ Audit Committee, working with independent outside legal counsel and forensic accountants retained by such legal counsel, commenced an independent investigation into the circumstances in connection with a Bolivian tax assessment and the actions of Mr. Tillery in other international locations.

The Audit Committee’s investigation identified payments that were made by or at the direction of Mr. Tillery in Bolivia, Nigeria and Ecuador which may have been violations of the FCPA and other United States laws.

The investigation also revealed that Mr. Tillery authorized numerous transactions between Willbros subsidiaries and entities in which he apparently held an ownership interest or exercised significant control. In addition, Willbros learned that certain acts carried out by Mr. Tillery and others acting under his direction with respect to a bid for work in Sudan may have constituted facilitation efforts prohibited by U.S. law, a violation of U.S. trade sanctions and the unauthorized export of technical information.

The SEC began to investigate whether Willbros and others may have violated various provisions of the Securities Act and the Securities Exchange Act and the DOJ began investigating violations of the FCPA and other applicable laws. In addition, OFAC also began investigating potential improper facilitation and export activities.

Willbros cooperated fully with each of these investigations.

As disclosed in its May 15, 2008 8-K filing, Willbros and WII reached agreements with the DOJ and SEC to settle the investigations.

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