Settlements

ST-26
Alcatel-Lucent S.A. / Costa Rica Attorney General Civil Suit
Alcatel-Lucent S.A.
Costa Rica
Office of the Attorney General; Fiscalia [Prosecutor] de Delitos Economicos, Corrupcion y Tributarios; Office of the Public Ethics Prosecutor
Costa Rica
2010
01/20
United States
Legal Person
Civil
Settlement Agreement
Civil Restitution
$10,000,000.00
$0
$0
$0
$10,000,000
Restitution
$10,000,000
Enforcement by "Affected" Jurisdiction
Art.16, Art.26
Art. 1, Art. 2
Corrupt Payments; Causing Social Damage to Costa Rica
Causing Social Damage to Costa Rica
Yes
According to the US Department of Justice Press Release, in addition to the settlements in the US, Alcatel-Lucent also "agreed to pay $10 million to settle a corruption case brought by the Government of Costa Rica arising out of the bribery of Costa Rican officials by the company. The settlement marked the first time in Costa Rica's history that a foreign corporation agreed to pay the govenrment damages for corruption." (Source: US Department of Justice Press Release, "Alcatel-Lucent S.A. and Three Subsidiaries Agree to Pay $92 Million to Resolve Foreign Corrupt Practices Act Investigation," December 27, 2010.) Alcatel-Lucent had also issued a statement that the payment was made to the Costa Rican government for "social damages," to settle a civil suit filed on November 25, 2004 (amended subsequently) by the Attorney General of Costa Rica. (Source: Alcatel-Lucent company statement, "Controversies: Costa Rica," September 10, 2010, at http://www.alcatel-lucent.com/csr/htm/en/home.html.). The Settlement is detailed in Office of the Attorney General of the Republic, Request for Recognition of Settlement Agreement, filed in Case No. 04-6835-647-PE, Criminal Court of the II Judicial Circuit of San Jose (signed January 20, 2010), which was attached as Exhibit 1 of Government's Response to ICE's Petition for Victim Status and Restitution, in US v. Alcatel-Lucent France, S.A., et al, Case No. 1:10-cr-20906-MGC and US v. Alcatel-Lucent S.A., Case No. 1:10-cr-20907-MGC (S.D. Fla. May 23, 2011). According to the Request for Recognition of Settlement Agreement, "civil claim as well as the criminal prosecution against the other civil and criminal defendants in the case - including the former employees of Alcatel - just as indicated in the agreement, remain intact." The Settlement Agreement was undertaken pursuant to Article 219 of the Code of Civil Procedure, Articles 7 and 36 of the Code of Criminal Procedure, and Articles 1367 et seq. of the Civil Code. See also report by the Attorney General of Costa Rica: Procuradora General de la Republica, Informe de Gestion 2004-2010, at 32-33, accessed at http://www.pgr.go.cr/Informacion_General/Informe%20de%20Gestion%202004-2010.pdf [which states 13 million dollars obtained in both Fischel and Alcatel cases]