Case Name: 

Siemens AG (Nigeria Settlement)

Case ID: 
316
Case Cluster : 
Siemens AG
Jurisdiction of Settlement: 
Nigeria
Jurisdiction of Settlement / Enforcement Agency: 
Economic and Financial Crimes Commission; Attorney General
Jurisdiction of Foreign Public Official(s) : 
Nigeria
Year of Settlement: 
2009
Month/Day of Settlement (or Notes): 
11/22
Other Jurisdictions of Settlement: 
Germany, United States, World Bank
Settlement with Individual or Legal Person?: 
Legal Person
Type of Settlement: 
Criminal
Legal Form of Settlement: 
Non-Prosecution Agreement
Monetary Sanctions (Types): 
Criminal Fine, Disgorgement
Total Monetary Sanctions (US$): 
$46,000,000.00
Criminal Fine/Penalty (US$) : 
$46,000,000
Criminal Fine / Penalty (Explanation): 
Please note that the December 22, 2010 press briefing by the Nigerian Attorney General noted that $170.8 million had been paid in total by companies and individuals; no specific figure was given as to each company. The press statement noted that the sums had been paid by the companies as fines and disgorgement but no breakdown was given.
Monetary Sanctions Returned / Ordered Returned (US$): 
$46,000,000
Monetary Sanctions Returned / Ordered Returned (Explanation): 
Enforcement by "Affected" Jurisdiction (Amount from secondary sources)
OECD Anti-Bribery Convention Articles Implicated: 
Art. 1, Art. 2, Art. 8
Offenses - Alleged: 
Unknown
Offenses - Settled: 
Unknown
Public Procurement Contract / SOE Involved?: 
Yes
Summary: 
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.) Please note that the settlement agreement with the Nigerian government is confidential and not publicly available. However, on December 22, 2010, the Nigerian Attorney General and Minister of Justice stated at a media briefing that the total sum of $170.8 million had been paid by foreign companies to settle bribery charges and/or allegations and that the sums represented fines and disgorgement of profits. (Source: 2010 Ministerial Media Briefing on the Activities of the Federal Ministry of Justice, by Mr. Mohammed Bello Adoke, SAN, Attorney General and Minister of Justice, Annual Press Briefing, 22 December 2010.)
Sources : 
2010 Ministerial Media Briefing on the Activities of the Federal Ministry of Justice, by Mr. Mohammed Bello Adoke, SAN, Attorney General and Minister of Justice, Annual Press Briefing, 22 December 2010, provided to the study by the Nigerian Economic and Financial Crimes Commission; Marcus Cohen, David Elesinmogun & Obumneme Egwuatu, "Will Nigeria Take Another Bite?," FCPA Blog, August 4, 2011, accessed at http://www.fcpablog.com/blog/tag/shell; Siemens, "Legal Proceedings," May 4, 2011, accessed at http://www.siemens.com/press/pool/de/events/2011/corporate/2011-q2/2011-q2-legal-proceedings-e.pdf; US v. Siemens A.G., Case No. 08-cr-367-RJL (D.D.C.), Plea Agreement and Statement of Offense, both filed December 15, 2008, accessed at http://www.justice.gov/criminal/fraud/fcpa/cases/siemens-aktiengesellschaft.html.