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Halliburton / Kellogg Brown & Root LLC (TSKJ Consortium Nigeria Settlement / Swiss Account)
Jurisdiction of Origin :
Position of Public Officials/Persons (Years in Office):
NA
Jurisdiction of Recovery Effort / Asset Location:
Jurisidction of Asset Recovery - Description:
Asset Location / Alleged Asset Location
Recovery Start (Year):
2010
Recovery End (Year):
Ongoing
Money laundering Implicated?:
Yes
Legal Basis for Recovery:
Unspecified (Arising out of nonprosecution agreement between Government of Nigeria and Halliburton)
Status of Asset Recovery :
Unknown
Asset Recovery Chain - Placement :
Unknown
Assets Frozen (USD):
$135,000,000
Disposition of Criminal Case(s):
According to a December 21, 2010 Press Release by Halliburton, pursuant to an agreement with the Federal Government of Nigeria (FGN), "all lawsuits and charges against KBR and Halliburton corporate entities and associated persons have been withdrawn, the FGN agreed not to bring any further criminal charges or civil claims against those entities or persons." (Source: Hallliburton Press Release, "Halliburton Confirms Agreement to Settle with Federal Government of Nigeria," December 21, 2010.)
Summary:
According to a December 21, 2010 Press Release by Halliburton, as part of its agreement with the Federal Government of Nigeria (FGN), "Halliburton agreed to pay US$32.5 million to the FGN and to pay an additional US$2.5 million for FGN's attorneys' fees and other expenses. Among other provisions, Halliburton agreed to provide reasonable assistance int the FGN's effort to recover amounts frozen in a Swiss bank account of a former TSKJ [the joint venture in develpment of the natural gas liqufaction project on Bonny Island, Nigeria] agent." (Source: Hallliburton Press Release, "Halliburton Confirms Agreement to Settle with Federal Government of Nigeria," December 21, 2010; see also BBC News, "Nigeria drops Dick Cheney bribery charges," December 17, 2010 (quoting EFCC spokesman Femi Babafemi as stating that the settlement had been reached and mention of frozen foreign account.) The 2010 Ministerial Media Briefing on the Activities of the Federal Ministry of Justice by Mr. Mohammed Bello Adoke, SAN, Honourable Attorney-General of the Federation and Minister of Justice, also noted the Halliburton settlement. (22 December 2010). Background to the Bonny Island project and misconduct are described in US v. Kellogg Brown & Root LLC, Case No. 4:09-cr-00071 (S.D. Tex.), Plea Agreement and Statement of Facts filed on February 11, 2009. Please note that the settlement agreement with the Nigerian government is confidential and not publicly available.
Contributing Factors in Asset Recovery:
Ongoing Case
Agreement / Arrangement re: Returned Assets?:
Unknown
Agreement / Arrangment re: Returned Assets (Explanation):
Unknown
Intl Cooperation Mechanism: MLAT/Letter of Request:
Unknown
Basis for Intl Cooperation Mechanism:
Unspecified
Investigating Agency (JO):
NA
ProsecAuth/Civil Atty (JO):
NA
Courts Involved (JO):
NA
Investigative Agency (JAR):
Unspecified
ProsecAuth/Civil Atty (JAR):
Unspecified
Courts Involved (JAR):
Unspecified
Sources :
Hallliburton Press Release, "Halliburton Confirms Agreement to Settle with Federal Government of Nigeria," December 21, 2010, accessed at www.halliburton.com/public/news/pubsdata/press_release/2010/corpnws_1221...
BBC News, "Nigeria drops Dick Cheney bribery charges," December 17, 2010 (quoting EFCC spokesman Femi Babafemi), accessed at http://www.bbc.co.uk/news/world-africa-12018900;
2010 Ministerial Media Briefing on the Activities of the Federal Ministry of Justice by Mr. Mohammed Bello Adoke, SAN, Honourable Attorney-General of the Federation and Minister of Justice (22 December 2010).
See also, US v. Kellogg Brown & Root LLC, Case No. 4:09-cr-00071 (S.D. Tex.), Plea Agreement and Statement of Facts filed on February 11, 2009, accessed at http://www.justice.gov/criminal/fraud/fcpa/cases/kelloggb/02-11-09kbr-pl...
