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SIEMENS Bribery of foreign public officials and officials of public international organizations

Noble Corporation (Nigeria Settlement)

Jurisdiction of Origin : 

Switzerland

Position of Public Officials/Persons (Years in Office): 

Unspecified Officials

Jurisdiction of Recovery Effort / Asset Location: 

Nigeria

Jurisidction of Asset Recovery - Description: 

Undertaking Recovery Effort, Location of Recovery Effort

Recovery Start (Year): 

2010

Recovery End (Year): 

2011

UNCAC Offenses Implicated: 

Art. 16

Money laundering Implicated?: 

No

Legal Basis for Recovery: 

Criminal Prosecution; Criminal Fine

Status of Asset Recovery : 

Completed

Asset Recovery Chain - Placement : 

Assets Returned to Victim or Requesting Jurisdiction

Assets Returned (USD): 

$2,500,000

Disposition of Criminal Case(s): 

According to the Form 8-K filed by the Noble Corporation with the US Securities and Exchange Commission, the Nigerian Economic and Financial Crimes Commission and the Nigerian Attorney General's Office initiated an investigation into alleged misconduct but all charges were resolved through the execution of a non-prosecution agreement dated January 28, 2011 by a subsidiary of Noble-Swiss. (Source: Noble Corporation, SEC Form 8-K, January 31, 2011.)

Summary: 

According to the Form 8-K filed by the Noble Corporation with the US Securities and Exchange Commission, the Nigerian Economic and Financial Crimes Commission and the Nigerian Attorney General's Office investigation related to the same activities as previously settled by Noble Corporation with the U.S. Department of Justice and the Securities Exchange Commission under the U.S. Foreign Corrupt Practices Act of certain reimbursement payments made by the company's Nigerian affiliate to customs agents in Nigeria. The company stated that as part of the January 28, 2011 Non-prosecution agreement executed by a subsidiary of Noble-Swiss with the Government of Nigeria, the Noble-Swiss subsidiary will pay $2.5 million to resolve all charges and claims of the Nigerian government. (Sources: Noble Corporation, US Securities and Exchange Commission Form 8-K, January 31, 2011; US Department of Justice: In Re: Noble Corporation, Nonprosecution Agreement and Statement of Facts, dated November 4, 2010.) Please note that the settlement agreement with the Nigerian government is confidential and not publicly available.

Contributing Factors in Asset Recovery: 

Settlement agreement (Source: Noble Corporation, US Securities and Exchange Commission Form 8-K, January 31, 2011.)

Agreement / Arrangement re: Returned Assets?: 

No

Agreement / Arrangment re: Returned Assets (Explanation): 

N/A

Intl Cooperation Mechanism: MLAT/Letter of Request: 

Unknown

Basis for Intl Cooperation Mechanism: 

N/A

Investigative Agency (JAR): 

Economic and Financial Crimes Commission

ProsecAuth/Civil Atty (JAR): 

Ministry of Justice, Attorney General; Economic and Financial Crimes Commission

Courts Involved (JAR): 

N/A

Sources : 

Noble Corporation US Securities and Exchange Commission Form 8-K, filed January 31, 2011, accessed atwww.sec.gov/Archives/edgar/data/1169055/000095012311006909/h79316e8vk.htm;

US Securities and Exchange Commission, "Form 8-K" (Explanation) athttp://www.sec.gov/answers/form8k.htm;

In Re: Noble Corporation, Nonprosecution Agreement and Statement of Facts, dated November 4, 2010, accessed athttp://www.justice.gov/criminal/fraud/fcpa/cases/noble-corp/11-04-1

 

 

From: E.A.Hatzisavvas [mailto:e.a.hatzisavvas@mail.com]
Sent: Thursday, October 03, 2013 2:28 PM
To: 'Aristos Aristos'
Subject: Bribery of foreign public officials and officials of public international organizations - ΠΩΣ ΜΠΟΡΟΥΝ ΚΑΙ ΠΕΡΝΟΥΝ ΜΕΡΟΣ ΣΕ ΔΙΑΓΩΝΙΣΜΟΥΣ ΤΟΥ ΔΗΜΟΣΙΟΥ ΑΚΟΜΑ ΚΑΙ ΣΗΜΕΡΑ !!!

 

Siemens AG (World Bank Settlement)

Jurisdiction of Origin :      Germany

Jurisdiction of Recovery Effort / Asset Location:     World Bank

Jurisidction of Asset Recovery - Description:           Undertaking Recovery Effort, Location of Recovery Effort

Recovery Start (Year):     2009

Recovery End (Year):       Ongoing

·         UNCAC Offenses Implicated:         Art. 16                                                                                                    ΠΩΣ ΜΠΟΡΟΥΝ ΚΑΙ ΠΕΡΝΟΥΝ ΜΕΡΟΣ ΣΕ ΔΙΑΓΩΝΙΣΜΟΥΣ ΤΟΥ ΔΗΜΟΣΙΟΥ ΑΚΟΜΑ ΚΑΙ ΣΗΜΕΡΑ !!!

·         Article 16

Article Name: Bribery of foreign public officials and officials of public international organizations

1. Each State Party shall adopt such legislative and other measures as
may be necessary to establish as a criminal offence, when committed intentionally, the promise, offering or giving to a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her official duties, in order to obtain or retain business or other undue advantage in relation to the
conduct of international business.
2. Each State Party shall consider adopting such legislative and other
measures as may be necessary to establish as a criminal offence, when committed intentionally, the solicitation or acceptance by a foreign public official or an official of a public international organization, directly or indirectly, of an undue advantage, for the official himself or herself or another person or entity, in order that the official act or refrain from acting in the exercise of his or her
official duties.

 

Money laundering Implicated?:      No

Legal Basis for Recovery:               Other (Administrative Sanctions)

Status of Asset Recovery :             Completed (in part) and Ongoing (in part)

Asset Recovery Chain - Placement :            Other

Assets Not Yet Returned/Judgment (USD) - Current :            $60,000,000

Assets Returned (USD):  $40,000,000

Disposition of Criminal Case(s):    N/A (Administrative Sanctions)

Summary: 

According to the World Bank Press Release of July 2, 2009, Siemens and the World Bank announced a comprehensive settlement agreement "in the wake of the company’s acknowledged past misconduct in its global business and a World Bank investigation into corruption in a project in Russia involving a Siemens subsidiary. The settlement includes a commitment by Siemens to pay $100 million over the next 15 years to support anti-corruption work." (Source: The World Bank Press Release, "Siemens to pay $100m to fight corruption as part of World Bank Group settlement," Press Release No:2009/001/EXT, July 2, 2009.) According to Siemens, as of October 2011, "Over 30 projects from over 20 countries were selected for funding in the first funding round and will receive an overall funding up to US$ 40 million." (Source: Siemens A.G., Integrity Initiative, athttp://www.siemens.com/sustainability/en/core-topics/collective-action/i....)

Contributing Factors in Asset Recovery:    Settlement Agreement (Source: The World Bank Press Release, "Siemens to pay $100m to fight corruption as part of World Bank Group settlement," Press Release No:2009/001/EXT, July 2, 2009.)

Agreement / Arrangement re: Returned Assets?:    Yes

Agreement / Arrangment re: Returned Assets (Explanation):               Establishment of Siemens Integrity Initiative

Intl Cooperation Mechanism: MLAT/Letter of Request:           No

Basis for Intl Cooperation Mechanism:       N/A

Investigating Agency (JO):              World Bank Integrity Vice Presidency

Investigative Agency (JAR):            World Bank Integrity Vice Presidency

ProsecAuth/Civil Atty (JAR):           World Bank Integrity Vice Presidency