Asset Recovery Watch

ARW-10
Alstom S.A. (Swiss Settlement)
France
Various - Latvia, Malaysia and Tunisia
Switzerland
Undertaking Recovery Effort; Location of Recovery Effort
2011
2011
Art.16, Art.23
Yes
Criminal Prosecution and Restitution
MLAT
Unspecified
Article 53 Swiss Criminal Code payment of reparations
Completed
Assets Returned to Victim or Requesting Jurisdiction
Please see Summary field for explanation.
Yes
Funds were transferred to the International Committee of the Red Cross for use in ICRC projects in Tunisia, Latvia and Malaysia. (Source: The Federal Authorities of the Swiss Confederation, "Criminal proceedings against Alstom entities are brought to a close," November 22, 2011.)

According to the November 2011 Summary punishment order imposed by the Swiss authorities, Alstom Network Schweiz AG (Swiss subsidiary of the French company Alstom S.A.) was convicted of not having taken all necessary and reasonable organizational precautions to precent bribery of foreign public officials in Latvia, Tunisia and Malaysia.   Alstom Schweiz was fined CHF 2.5 million; a compensatory claim of CHF 36.4 million was also imposed. The parent company Alstom S.A. paid the CHF 1 million in reparation, a third of which was to be used for International Committee of the Red Cross projects in Latvia, Malaysia and Tunisia. (Sources:  Office of the Swiss Attorney General, Summary punishment order in the invesitgation of defendant Alstom Network Schweiz AG, November 22, 2011 and The Federal Authorities of the Swiss Confederation, "Criminal proceedings against Alstom entities are brought to a close," November 22, 2011.)

According to the November 2011 press release by The Federal Authorities of the Swiss Confederation, Alstom Network Schweiz AG was convicted under article 102 of the Swiss Criminal Code of not having taken "all necessary and reasonable organizational precautions to prevent bribery of foreign public officials"; proceedings against the French parent company Alstom S.A. were dismissed based on art. 53 of the Swiss Criminal Code, imposing costs of proceedings and payment of reparations.  (Source: The Federal Authorities of the Swiss Confederation, "Criminal proceedings against Alstom entities are brought to a close," November 22, 2011.)

N/A
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Unspecified
Office of the Swiss Attorney General
N/A