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Technip - All Docs

Technip - All Docs

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Published by The Russia Monitor
Combined filings for DOJ and SEC case resolution with Technip for FCPA violations.
Combined filings for DOJ and SEC case resolution with Technip for FCPA violations.

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Published by: The Russia Monitor on Jun 29, 2010
Copyright:Attribution Non-commercial

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09/04/2013

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Case 4:10-cr-00439 Document 1 Filed in TXSD on 06/28/10 Page 1 of 20
United
States
District
Court
Southern District
of
Texas
FILED
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF TEXASHOUSTON DIVISION
JUN
2 8
2010
David
J.
Bradley,
Clerk
of.
--::=
UNITED STATES OF AMERICA,
)
H-IO
-
431
)
Plaintiff,
)
Criminal No.
)
v.
)
18
U.S.C. §
371
)
15
U.S.C. § 78dd-lTECHNIP S.A.,
))
Defendant.
)
}
INFORMATION
The United States charges:
General Allegations
At all times material to this Information, unless otherwise stated:
1.
The Foreign Corrupt Practices Act
of
1977, as amended, Title15, United States Code, Section 78dd-l,
et seq.
("FCPA"), was enacted byCongress for the purpose of, among other things, making it unlawful forcertain classes
of
persons and entities to act corruptly in furtherance
of
anoffer, promise, authorization, or payment
of
money or anything
of
value to aforeign government official for the purpose
of
securing any improperadvantage, or
of
assisting in obtaining or retaining business for, or directingbusiness to, any person.
1
United
States
District
Court
Southern District
of
Texas
FILED
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF TEXASHOUSTON DIVISION
JUN
2 8
2010
David
J.
Bradley,
Clerk
of.
--::=
UNITED STATES OF AMERICA,
)
H-IO
-
431
)
Plaintiff,
)
Criminal No.
)
v.
)
18
U.S.C. §
371
)
15
U.S.C. § 78dd-lTECHNIP S.A.,
))
Defendant.
)
}
INFORMATION
The United States charges:
General Allegations
At all times material to this Information, unless otherwise stated:
1.
The Foreign Corrupt Practices Act
of
1977, as amended, Title15, United States Code, Section 78dd-l,
et seq.
("FCPA"), was enacted byCongress for the purpose of, among other things, making it unlawful forcertain classes
of
persons and entities to act corruptly in furtherance
of
anoffer, promise, authorization, or payment
of
money or anything
of
value to aforeign government official for the purpose
of
securing any improperadvantage, or
of
assisting in obtaining or retaining business for, or directingbusiness to, any person.
1
United
States
District
Court
Southern District
of
Texas
FILED
UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF TEXASHOUSTON DIVISION
JUN
2 8
2010
David
J.
Bradley,
Clerk
of.
--::=
UNITED STATES OF AMERICA,
)
H-IO
-
431
)
Plaintiff,
)
Criminal No.
)
v.
)
18
U.S.C. §
371
)
15
U.S.C. § 78dd-lTECHNIP S.A.,
))
Defendant.
)
}
INFORMATION
The United States charges:
General Allegations
At all times material to this Information, unless otherwise stated:
1.
The Foreign Corrupt Practices Act
of
1977, as amended, Title15, United States Code, Section 78dd-l,
et seq.
("FCPA"), was enacted byCongress for the purpose of, among other things, making it unlawful forcertain classes
of
persons and entities to act corruptly in furtherance
of
anoffer, promise, authorization, or payment
of
money or anything
of
value to aforeign government official for the purpose
of
securing any improperadvantage, or
of
assisting in obtaining or retaining business for, or directingbusiness to, any person.
1
 
Case 4:10-cr-00439 Document 1 Filed in TXSD on 06/28/10 Page 2 of 20
Relevant Entities
and
Individuals
The Defendant
2. Defendant TECHNIP S.A. ("TECHNIP"), a French corporationheadquartered in Paris, France, was engaged in the business
of
providingengineering, procurement, and construction ("EPC") services around theworld, including designing and building liquefied natural gas ("LNG")production plants. In August 2001, TECHNIP registered a class
of
securitieswith the United States Securities and Exchange Commission ("SEC") and inOctober 2001 became listed on the
New
York Stock Exchange.
As
an issuer
of
publicly traded securities registered pursuant to Section 12(b)
of
theSecurities Exchange Act
of
1934, Title 15, United States Code, Section
781,
TECHNIP was required to file periodic reports with the SEC under Section
13
of
the Securities Exchange Act, Title 15, United States Code, Section78m. Accordingly, beginning in August 2001, TECHNIP was an "issuer"within the meaning
of
the FCPA, Title 15, United States Code, Section78dd-1.
The Joint Venture, Its Members,
and
Related Entities
3. The "Joint Venture" was a four-company venture formed in1990 for the purposes
of
bidding on and,
if
successful, performing a series
of
EPC contracts to design and build an
LNG
plant and several expansions
on
2
Relevant Entities
and
Individuals
The Defendant
2. Defendant TECHNIP S.A. ("TECHNIP"), a French corporationheadquartered in Paris, France, was engaged in the business
of
providingengineering, procurement, and construction ("EPC") services around theworld, including designing and building liquefied natural gas ("LNG")production plants. In August 2001, TECHNIP registered a class
of
securitieswith the United States Securities and Exchange Commission ("SEC") and inOctober 2001 became listed on the
New
York Stock Exchange.
As
an issuer
of
publicly traded securities registered pursuant to Section 12(b)
of
theSecurities Exchange Act
of
1934, Title 15, United States Code, Section
781,
TECHNIP was required to file periodic reports with the SEC under Section
13
of
the Securities Exchange Act, Title 15, United States Code, Section78m. Accordingly, beginning in August 2001, TECHNIP was an "issuer"within the meaning
of
the FCPA, Title 15, United States Code, Section78dd-1.
The Joint Venture, Its Members,
and
Related Entities
3. The "Joint Venture" was a four-company venture formed in1990 for the purposes
of
bidding on and,
if
successful, performing a series
of
EPC contracts to design and build an
LNG
plant and several expansions
on
2
Relevant Entities
and
Individuals
The Defendant
2. Defendant TECHNIP S.A. ("TECHNIP"), a French corporationheadquartered in Paris, France, was engaged in the business
of
providingengineering, procurement, and construction ("EPC") services around theworld, including designing and building liquefied natural gas ("LNG")production plants. In August 2001, TECHNIP registered a class
of
securitieswith the United States Securities and Exchange Commission ("SEC") and inOctober 2001 became listed on the
New
York Stock Exchange.
As
an issuer
of
publicly traded securities registered pursuant to Section 12(b)
of
theSecurities Exchange Act
of
1934, Title 15, United States Code, Section
781,
TECHNIP was required to file periodic reports with the SEC under Section
13
of
the Securities Exchange Act, Title 15, United States Code, Section78m. Accordingly, beginning in August 2001, TECHNIP was an "issuer"within the meaning
of
the FCPA, Title 15, United States Code, Section78dd-1.
The Joint Venture, Its Members,
and
Related Entities
3. The "Joint Venture" was a four-company venture formed in1990 for the purposes
of
bidding on and,
if
successful, performing a series
of
EPC contracts to design and build an
LNG
plant and several expansions
on
2
 
Case 4:10-cr-00439 Document 1 Filed in TXSD on 06/28/10 Page 3 of 20
Bonny Island, Nigeria ("the Bonny Island Project"). The Joint Ventureconsisted
of
TECHNIP, Kellogg, Brown
&
Root, Inc., and two othercompanies referred to herein as "EPC Contractor C" and "EPC ContractorD." The Steering Committee
of
the Joint Venture consisted
of
high-levelexecutives from each
of
the four Joint Venture companies. Pursuant to ajoint venture agreement, the Steering Committee made major decisions onbehalf
of
the Joint Venture, including whether to hire agents to assist theJoint Venture in winning EPC contracts, whom to hire
as
agents, and howmuch to pay the agents. Profits, revenues, and expenses, including the cost
of
agents, were shared equally among the four joint venture partners.
4.
Kellogg, Brown
&
Root, Inc. and, before September 1998, itspredecessor company, The M.W. Kellogg Company (collectively, "KBR"),were engaged in the business
of
providing EPC services around the world.KBR was incorporated in Delaware and headquartered in Houston, Texas.As such, KBR was a "domestic concern" within the meaning
of
the FCP
A,
Title
15,
United States Code, Section 78dd-2.
5.
Albert Jackson Stanley ("Stanley") was a United States citizenand a resident
of
Houston, Texas. Stanley served in various capacities as anofficer and/or director
ofKBR,
and also served on the Joint Venture'sSteering Committee. Stanley was a "domestic concern" and an officer,
3
Bonny Island, Nigeria ("the Bonny Island Project"). The Joint Ventureconsisted
of
TECHNIP, Kellogg, Brown
&
Root, Inc., and two othercompanies referred to herein as "EPC Contractor C" and "EPC ContractorD." The Steering Committee
of
the Joint Venture consisted
of
high-levelexecutives from each
of
the four Joint Venture companies. Pursuant to ajoint venture agreement, the Steering Committee made major decisions onbehalf
of
the Joint Venture, including whether to hire agents to assist theJoint Venture in winning EPC contracts, whom to hire
as
agents, and howmuch to pay the agents. Profits, revenues, and expenses, including the cost
of
agents, were shared equally among the four joint venture partners.
4.
Kellogg, Brown
&
Root, Inc. and, before September 1998, itspredecessor company, The M.W. Kellogg Company (collectively, "KBR"),were engaged in the business
of
providing EPC services around the world.KBR was incorporated in Delaware and headquartered in Houston, Texas.As such, KBR was a "domestic concern" within the meaning
of
the FCP
A,
Title
15,
United States Code, Section 78dd-2.
5.
Albert Jackson Stanley ("Stanley") was a United States citizenand a resident
of
Houston, Texas. Stanley served in various capacities as anofficer and/or director
ofKBR,
and also served on the Joint Venture'sSteering Committee. Stanley was a "domestic concern" and an officer,
3
Bonny Island, Nigeria ("the Bonny Island Project"). The Joint Ventureconsisted
of
TECHNIP, Kellogg, Brown
&
Root, Inc., and two othercompanies referred to herein as "EPC Contractor C" and "EPC ContractorD." The Steering Committee
of
the Joint Venture consisted
of
high-levelexecutives from each
of
the four Joint Venture companies. Pursuant to ajoint venture agreement, the Steering Committee made major decisions onbehalf
of
the Joint Venture, including whether to hire agents to assist theJoint Venture in winning EPC contracts, whom to hire
as
agents, and howmuch to pay the agents. Profits, revenues, and expenses, including the cost
of
agents, were shared equally among the four joint venture partners.
4.
Kellogg, Brown
&
Root, Inc. and, before September 1998, itspredecessor company, The M.W. Kellogg Company (collectively, "KBR"),were engaged in the business
of
providing EPC services around the world.KBR was incorporated in Delaware and headquartered in Houston, Texas.As such, KBR was a "domestic concern" within the meaning
of
the FCP
A,
Title
15,
United States Code, Section 78dd-2.
5.
Albert Jackson Stanley ("Stanley") was a United States citizenand a resident
of
Houston, Texas. Stanley served in various capacities as anofficer and/or director
ofKBR,
and also served on the Joint Venture'sSteering Committee. Stanley was a "domestic concern" and an officer,
3

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