ID: ARW-14
Aluminum Bahrain B.S.C. / Alcoa Case (Private Civil Action)
In October 2012, Alcoa Inc. announced that it had reached an $85 million settlement agreement with Aluminum Bahrain B.S.C. ("Alba"), a majority state owned enterprise to settle the civil suit that Alba had filed in 2008, in U.S. District Court for the Western District of Pennsylvania against the U.S. company and related parties. (Source: Aluminum Bahrain B.S.C. v. Alcoa, Inc., et al, Case No. 2:08-cv-00299-DWA (W.D. Pa.); Stipulation of Dismissal with Prejudice, filed October 9, 2012; Alcoa Press Release, "Alcoa and Alba Resolve Civil Litigation," October 9, 2012.)
In 2009, it filed a similar suit in the Southern District of Texas against the Japanese company Sojitz Corporation and its U.S. affiliate, Sojitz Corporation of America. Alba alleged that the companies paid bribes to one or more senior officials of Alba and the Government of Bahrain in order to induce Alba to cede a controlling interest in that company to Alcoa and to overpay for alumina and in the Sojitz case, to secure below-market discounts on aluminum. In filing the civil Racketeer Influenced and Corrupt Organizations (RICO) suit against Alcoa, Alba sought damages in excess of $1 billion and in the Sojitz suit, $31 million in damages. According to Alcoa, the second of the two payments to Alba was completed in October 2013. (Source: Alcoa, Stakeholder Engagement, "Committed to Ongoing, Transparent Engagement,")
The asset recovery resulted from a private civil action by the state owned entity. In related enforcement actions by the US, in January 2014, Alcoa entered into settlements with the US Department of Justice and the Securities and Exchange Commission which included a guilty plea to one count of violation of the Foreign Corrupt Practices Act. (Source: US Department of Justice Press Release, "Alcoa World Alumina Agrees to Plead Guilty to Foreign Bribery and Pay $223 Million in Fines and Forfeiture," January 9, 2014.)
The prosecuting authority/civil attorney(s) was the Pennsylvania and Texas: Akin Gump Strauss Hauer and Feld LLP (Lead Attorneys Colleen M. Coyle, Lauren B. Kerwin, Mark J. MacDougall); Pennsylvania: Buchanan Ingersoll & Rooney PC (Attorney Charles B. Gibbons); Department of Justice, Criminal Division, Fraud Section; U.S. Attorney's Office for the Southern District of Texas.
The court involved was the U.S. District Court for the Western District of Pennsylvania and the U.S. District Court for the Southern District of Texas.
Assets returned
Document Title | Size and Format | Document Type | |
---|---|---|---|
Link | Government report / press release | Go to site | |
Link | Court document | Go to site | |
Alba Alcoa Judgment Jan 9 2014 | 237.64 KB pdf | Court document | Download |
Alba Alcoa Stakeholder Engagement July 27 2014 | 500.5 KB pdf | Other | Download |
Aluminum Bahrain WDPA Order Reopen Case Nov 2011 | 157.11 KB pdf | Court document | Download |
Aluminum Bahrain Amended Complaint 2011 | 174.72 KB pdf | Court document | Download |
Aluminum Bahrain WDPA Stipulation Dismiss October 2012 | 93.16 KB pdf | Court document | Download |
Alba Alcoa WDPA Plea Agreement Jan 09 2014 | 2.34 MB pdf | Court document | Download |
Alba Alcoa US DOJ SEC Settlement Press Release Jan 9 2014 | 364.36 KB pdf | Government report / press release | Download |
Alba Sojitz US SDTEX Order Dismissal Jan 16 2023 | 44.18 KB pdf | Court document | Download |
Alba Sojitz US SDTEX Stipulation Dismissal December 21 2012 | 40.89 KB pdf | Court document | Download |