Settlements

ST-74
Bonny Island Liquefied Natural Gas Bribe Scheme (TSKJ Consortium) / KBR - M.W. Kellogg Ltd.
Bonny Island Liquefied Natural Gas Bribe Scheme
United Kingdom
Serious Fraud Office
Nigeria
2011
02/11
Nigeria, United States
Legal Person
Civil
Civil Recovery Order (Proceeds of Crime Act)
Civil Recovery Order
$11,303,600.00
$11,303,600
$0
Art.16, Art.23, Art.26
Art. 1, Art. 2, Art. 7, Art. 8
Proceeds of Unlawful Conduct (Bribery by a Third Party)
Proceeds of Unlawful Conduct
Yes
According to the UK Serious Fraud Office Press Release, "The Serious Fraud Office (SFO) has taken action in the High Court today which has resulted in an Order for the company, M.W. Kellogg Limited (MWKL), to pay just over £7 million in recognition of sums it is due to receive which were generated through the criminal activity of third parties. The High Court made the Order under Part 5 of the Proceeds of Crime Act 2002. The SFO recognised that MWKL took no part in the criminal activity which generated the funds. The funds due to MWKL are share dividends payable from profits and revenues generated by contracts obtained by bribery and corruption undertaken by MWKL's parent company and others. The agreement will lead to the payment of £7,028,077 within fourteen days in full and final settlement of the case. This sum represents the share dividends due and the interest which has accrued on these sums.The contracts were awarded to a company partly owned by MWKL on behalf of its US parent company. MWKL reported concerns to the SFO under the "self referral" scheme and fully co-operated with the subsequent investigation. The SFO, working in partnership with the US Department of Justice, reviewed the conduct of MWKL and decided that the most appropriate approach was to remove the funds which will become due to the company through the unlawful conduct. This reflects the finding that MWKL was used by the parent company and was not a willing participant in the corruption." (Source: UK Serious Fraud Office, "MW Kellogg Ltd to pay 7 million pounds in SFO High Court action," February 16, 2011.)