DOCUMENT: Charges Filed Against Former UK-based Trader In Oil Bribery Scheme Involving Nigerian Petroleum Officials

A former United Kingdom-based dealer for Glencore Plc, Anthony Stimler, has pleaded responsible to taking part in a global scheme to bribe officers in Nigeria to win beneficial contracts from the Nigerian National Petroleum Corporation.

According to court docket paperwork obtained by SaharaReporters, Stimler was accused by United States’ prosecutors of violating the Foreign Corrupt Practices Act and conspiracy to commit money-laundering utilizing, amongst different means, financial institution accounts in Switzerland.

DOCUMENT: Charges Filed Against Former UK-based Trader In Oil Bribery Scheme Involving Nigerian Petroleum Officials 2

Prosecutors mentioned thousands and thousands of {dollars} in bribes have been paid to officers in Nigeria, in alternate for NNPC awarding oil contracts and offering “more lucrative grades of oil on more favorable delivery terms.”

The doc reads, “Between at least in or about 2007 and in or about 2018, ANTHONY STIMLER, the defendant, and others known and unknown, agreed to pay, and in fact paid, millions of U.S. dollars in bribes through intermediaries to foreign officials in multiple countries, including Nigeria, on behalf of a commodity trading and mining company with global operations (“Company 1”), in violation of the Foreign Corrupt Practices Act (“FCPA”). In Nigeria, in alternate for the bribes, international officers brought on the Nigerian state-owned and state-controlled oil firm to award oil contracts and to offer extra profitable grades of oil on extra favorable supply phrases to Company 1, two wholly-owned subsidiaries of Company 1 (“Subsidiary 1,” “Subsidiary 2,” and, collectively, the “Company 1 Subsidiaries”), and their enterprise companions,” a part of the court docket paperwork learn.

“After joining the bribery scheme, which had been initiated by other employees of the Company 1 Subsidiaries, STIMLER, while acting within the scope of his employment as an employee of Subsidiary 2 and acting on behalf of Company 1, with the intent, at least in part, to benefit Company 1 and the Company 1 Subsidiaries, conspired with others to make millions of U.S. dollars in corrupt bribe payments to foreign officials in Nigeria, and elsewhere, to obtain and retain business for, and to direct business to, Company 1, the Company 1 Subsidiaries, and others. In furtherance of, and to promote the corrupt bribery scheme, STIMLER and others conspired to transmit the bribe payments from Switzerland to and through the United States, and from the United States to foreign countries.

“At all times relevant to this Information, the Nigerian National Petroleum Corporation (“NNPC”) was a Nigerian state-owned and state-controlled oil firm headquartered in Abuja, Nigeria. The Nigerian authorities straight owned and managed NNPC, which carried out authorities features. NNPC was an “instrumentality” of a international authorities, as that time period is used within the FCPA, Title 15, United States Code, Section 78dd-3(f)(2)(A), and workers of NNPC have been “foreign official[s],” as that time period is outlined within the FCPA, Title 15, United States Code, Section 78.

“At all times relevant to this Information, Company 1 was a commodity trading and mining company headquartered in Switzerland with operations and subsidiaries in various locations around the world, including the United States, United Kingdom, Africa, and South America.

Stimler charge sheet.pdf

“The manner and means by which ANTHONY STIMLER, the defendant, and his co-conspirators sought to accomplish the purpose of the conspiracy included, among others, using and paying inflated and fraudulent invoices submitted to Company 1 and the Company 1 Subsidiaries by intermediaries to disguise the nature and purpose of bribe payments made to government officials, which payments were made in order to obtain and retain business and to obtain business advantages for Company 1, the Company 1 Subsidiaries, and others.

“Statutory Allegations; from at least in or around 2007 up to and including in or around 2018, in the Southern District of New York and elsewhere, ANTHONY STIMLER, the defendant, and others known and unknown, willfully and knowingly did combine, conspire, confederate, and agree together and with each other to commit offenses against the United States, to wit, to violate the FCPA, Title 15, United States Code, Section 78dd-3.

“It was a part and an object of the conspiracy that ANTHONY STIMLER, the defendant, and others known and unknown, would and did, while in the territory of the United States, willfully and corruptly make use of the mails and a means and instrumentality of interstate commerce and do an act in furtherance of an offer, payment, promise to pay, and authorization of the payment of money, and offer, gift, promise to give, and authorize the giving of a thing of value to a foreign official, and to a person, while knowing that all and a portion of such money and thing of value would be and had been offered, given, and promised, directly and indirectly, to a foreign official, for purposes of: (A)(i) influencing an act and decision of such foreign official in that foreign official’s official capacity; (ii) inducing such foreign official to do and omit to do an act in violation of the lawful duty of such foreign official; and (iii)securing an improper advantage; and (B) inducing such foreign official to use that foreign official’s influence with a foreign government and instrumentality thereof to affect and influence an act and decision of such government and instrumentality, in order to assist in obtaining and retaining business for and with, and directing business to, a person, in violation of Title 15, United States Code, Section 78dd-3, to wit, STIMLER and others agreed to pay and offer money and other things of value to foreign officials in Nigeria, and elsewhere, to assist STIMLER and others in obtaining and retaining business for, and directing business to, Company 1, the Company 1 Subsidiaries, and others.”

In a video testimony heard by Manhattan Federal Court, New York, on Monday, the previous Glencore West Africa desk dealer pleaded responsible to all the costs.

Stimler admitted to conspiring to violate the Foreign Corrupt Practices Act (FCPA) and commit cash laundering.

He was permitted to stay free within the UK on $500,000 bail.

In an announcement Monday, Glencore confirmed that Stimler had been an worker.

In November 2017, NNPC sought patrons from oil merchants keen to pay $3.5 to $5billion and get its worth in crude oil between 5 and 7 years. Seven corporations, together with Glencore, contended for the deal.

Glencore emerged as one of many oil merchants chosen to carry Nigeria’s crude oil below varied contracts, such because the crude oil time period deal and the direct sale direct buy scheme.

In 2018, NNPC acknowledged receipt of $94.279 million, about N28.85 billion, for a complete of 1.9 million barrels of Nigerian crude oil.

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