Asset Recovery Watch

ARW-174
Siemens AG (Nigeria Settlement)
Germany
Nigeria
Undertaking Recovery Effort, Location of Recovery Effort
2010
2010
Art.16
No
Criminal Prosecution and Fine and Restitution
N/A
Settlement Agreement (Source: Siemens, "Legal Proceedings," May 4, 2011; 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).
Completed
Assets Returned to Victim or Requesting Jurisdiction
$46,000,000 (secondary source)
No
N/A

According to the May 4, 2011 Siemens Company Statement on Legal Proceedings against it around the world, "As previously reported, the Nigerian Economic and Financial Crimes Commission (EFCC) was conducting an investigation into alleged illegal payments by Siemens to Nigerian public officials between 2002 and 2005. In October 2010, the EFCC filed charges with the Federal High Court in Abuja and the High Court of the Federal Capital Territory against – among others – Siemens Ltd. Nigeria (Siemens Nigeria), Siemens AG and former board members of Siemens Nigeria. On November 22, 2010, the Nigerian Government and Siemens Nigeria entered into an out of court settlement, obligating Siemens Nigeria to make a payment in the mid double-digit Euro million range to Nigeria in exchange for the Nigerian Government withdrawing these criminal charges and refraining from the initiation of any criminal, civil or other actions – such as a debarment – against Siemens Nigeria, Siemens AG, and Siemens employees." (Source: Siemens, "Legal Proceedings," May 4, 2011.)  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).  For background on the US Foreign Corrupt Practices Act case and settlement with Siemens A.G., please see US v. Siemens A.G., Case No. 08-cr-367-RJL (D.D.C.), Plea Agreement ans Statement of Offense, both filed December 15, 2008. Please note that the settlement agreement with the Nigerian government is confidential and not publicly available.

According to the May 4, 2011 Siemens Company Statement on Legal Proceedings against it around the world, the criminal charges filed against it by the Nigerian Economic and Financial Crimes Commission (EFCC) was dismissed in November 2010, pursuant to a settlement agreement between Siemens and the Nigerian authorities. (Source: Siemens, "Legal Proceedings," May 4, 2011.)

Munich Public Prosecutor's Office
Economic and Financial Crimes Commission
Economic and Financial Crimes Commission
High Court - Abuja, High Court of the Federal Capital Territory