Settlements

ST-105
Bribery of and by World Bank Officials / Gautam Sengupta
Bribery of and by World Bank Officials
United States
Department of Justice
Kenya, Ethiopia, World Bank
2002
02/13
Unknown
Individual
Criminal
Guilty Plea
Criminal Fine, Criminal Restitution
$133,000.00
$6,000
$127,000
$127,000
Restitution to Former Employer (World Bank)
Art.16
Art. 1
Conspiracy to commit wire fraud, Bribery of foreign officials
Conspiracy to commit wire fraud, Bribery of foreign officials
Yes
According to the June 2011 US Report to the OECD, "In 2002, the Department of Justice charged two World Bank officials, Ramendra Basu, a national of India, and Gautam Sengupta, with conspiring to steer World Bank contracts to certain consultants in exchange for kickbacks. According to court documents, the two defendants conspired with a Swedish consultant and others to use their official positions with the World Bank to steer World Bank contracts in Ethiopia and Kenya to certain Swedish companies in exchange for approximately $127,000 in kickbacks. In addition, the defendants admitted that in January 1999, they received a request for a $50,000 bribe from a Kenyan government official working on a Project Implementation Unit involved in a World Bank-financed project, which was to be paid by the Swedish consultant. Collectively, Basu and Sengupta forwarded this request to the Swedish consultant and passed along related bank account information, despite knowing that the payment was meant to corruptly influence an act or decision of the foreign official in his official capacity, in violation of the anti-bribery provisions of the FCPA. [ ] Sengupta pleaded guilty on February 13, 2002, and was sentenced in 2006, Sengupta to two months' imprisonment and one year of supervised release, which was to include four months of home confinement. Sengupta was also sentenced to pay a criminal fine of $3,000." (Source: US Report to the Organisation for Economic Co-operation and Development, "Steps taken to implement and enforce the OECD Convention on Combating Bribery of Foreign Public Officials in International Business Transactions," Information as of May 31, 2011, Bribery of and by World Bank Officials Case Summary, at 125-126.) According to Mr. Sengupta's Plea Agreement, "III. RESTITUTION / 5. Pursuant to 18 U.S.C. § 3663 (a)(3), the defendant and the government agree that the amount of loss in this case is $127,000 and the defendant agrees to pay full restitution of this amount for all damage that resulted from his violations of the statutes listed in Section I herein. The United States and the Defendant agree that the Defendant has made such restitution, and The World Bank, Mr. Sengupta's former employer, has represented to the Department of Justice that it has no further claim against the defendant." (Source: US v. Gautam Sengupta, Case No. 1:02-cr-040-RWR (D.D.C.), Plea Agreement filed January 30, 2002.) According to the Judgment, Mr. Sengupta was ordered to pay $6,000 in criminal fines. (Source: US v. Gautam Sengupta, Case No. 1:02-cr-040-RWR (D.D.C.), Judgment filed in a criminal case, February 15, 2006.)