3The SEC alleges that Noble and Noble-Nigeria authorized a customs agent to pay bribesto Nigerian government officials in order to obtain false documentation Noble-Nigeria needed toobtain TIPs. (Compl. ¶¶ 18, 19, 22–27.) Additionally, the SEC alleges, Noble and Noble-Nigeria, through a customs agent, paid bribes to Nigerian government officials for TIPextensions. (Compl. ¶ 31.) In this action, the SEC charges Jackson and Ruehlen with multipleviolations of the Foreign Corrupt Practices Act (“FCPA”), and other federal securities laws inconnection with actions they allegedly took to obtain TIPs and TIP extensions in order to avoidpaying permanent import duties. (Compl. ¶¶ 2–4, 150–177.)Specifically, Jackson and Ruehlen are alleged to have approved numerous “specialhandling” and “procurement” payments to Nigerian government, understanding that all “specialhandling” and “procurement” payments were bribes to government officials to obtain falsepaperwork necessary to secure TIPs or to obtain discretionary TIP extensions.
(Compl. ¶ 24.)Consequently, the SEC avers Jackson and Ruehlen both violated Section 30A of the SecuritiesExchange Act of 1934 (“Exchange Act”), 15 U.S.C. § 78dd-1. (Compl. ¶¶ 151–152.)Furthermore, through this conduct, Jackson and Ruehlen also aided and abetted Noble’s violationof Section 30A of the Exchange Act, in violation of Section 20(e) of the Exchange Act, 15U.S.C. § 78t(e). (Compl. ¶¶ 155–156.) Moreover, the SEC contends, Jackson and Ruehlenallowed these payments repeatedly to be posted on Noble’s books as legitimate operatingexpenses. (Compl. ¶¶ 95, 111, 113, 119.) In so doing, Jackson and Ruehlen aided and abettedNoble’s violation of Section 13(b)(2)(A) of the Exchange Act, 15 U.S.C. § 78m(b)(2)(A), whichrequires Noble to keep books and records that accurately reflect its transactions, and Noble’sviolation of Section 13(b)(2)(B) of the Exchange Act, 15 U.S.C. § 78m(b)(2)(B), which requires
Ruehlen, when discussing these charges with Jackson, referred to both “procurement” and “special handling” feesas “special handling” fees, regardless of the label used by the customs agent. (Compl. ¶ 24.)
Case 4:12-cv-00563 Document 87 Filed in TXSD on 12/11/12 Page 3 of 61