SIEMENS Bribery of foreign public officials and officials of public international organizations
Noble Corporation (Nigeria Settlement)
Jurisdiction of Origin
:
Position of Public
Officials/Persons (Years in Office):
Unspecified Officials
Jurisdiction of
Recovery Effort / Asset Location:
Jurisidction of Asset
Recovery - Description:
Undertaking Recovery
Effort, Location of Recovery Effort
Recovery Start
(Year):
2010
Recovery End
(Year):
2011
UNCAC Offenses
Implicated:
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@****.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
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