FORMER
EXECUTIVE OF WILLBROS GROUP INC. INDICTED ON FOREIGN CORRUPT PRACTICES
ACT CHARGES
WASHINGTON
- A federal grand jury in Houston has indicted a former executive
of a subsidiary of Houston-based Willbros Group Inc., on charges of
conspiring to make corrupt payments to Nigerian officials in violation
of the Foreign Corrupt Practices Act (FCPA), the Department of Justice
announced today.
The
four-count indictment unsealed today charges Jason Edward Steph, 37,
a U.S. citizen residing in Kazakhstan, with conspiring to make over
$6 million in bribe payments to Nigerian officials in order to obtain
and retain gas pipeline construction business from a joint venture
majority-owned and controlled by the Nigerian state oil company. Steph
was also charged with money laundering based upon the international
transfer of some of the bribe money.
Willbros, a publicly-traded company that provides construction, engineering
and other services in the oil and gas industry, conducts international
operations through a subsidiary known as Willbros International Inc.
(WII). Steph was a WII employee from 1998 to April 2005. From 2002
until April 2005, he served as general manager of WII's on-shore operations
in Nigeria.
The Nigerian National Petroleum Corporation (NNPC), the state-owned
oil company in Nigeria, is responsible for developing Nigeria's oil
and gas wealth and regulating the industry. NNPC is the majority shareholder
in certain joint ventures with multinational oil companies. The multinational
oil companies often serve as the operators of the joint ventures.
NNPC's subsidiary, National Petroleum Investment Management Services
(NAPIMS), manages NNPC's investments in the joint ventures. Among
other functions, NNPC and NAPIMS approve the award of major oil and
gas construction projects to private contractors such as Willbros.
The indictment alleges a conspiracy from late 2003 through March 2005
that included Steph, a former senior Willbros executive officer, two
individuals acting in Nigeria as purported consultants to Willbros,
Nigeria-based employees of a major German engineering and construction
company, and others, to make millions of dollars in corrupt payments
to assist in obtaining a major gas pipeline engineering, procurement
and construction project known as the Eastern Gas Gathering System
(EGGS), which Willbros and its German consortium partner bid to perform
for approximately $387 million. In exchange for the award of the EGGS
project, the conspirators allegedly paid, promised to pay, and authorized
payments to officials of NNPC, NAPIMS, a senior official in the executive
branch of the Nigerian federal government, and to political party,
as well as to officials of the operator of the EGGS joint venture.
Most of the payments were allegedly laundered through the consultants,
who typically received 3 percent of Willbros' contract revenue by
wire transfer from Houston to a foreign bank, and transferred some
or all of the funds to Nigerian officials.
The maximum sentence for a charge of conspiring to violate the FCPA
is five years in prison and a fine of up to $250,000, or twice the
gross gain or loss. Each of the money laundering charges carries a
maximum sentence of 20 years in prison and a fine of up to $500,000
or twice the value of the funds involved in the transfer, whichever
is greater.
An indictment is merely an accusation. A defendant is presumed innocent
of the charges and it is the government's burden to prove a defendant's
guilt beyond a reasonable doubt at trial.
The case is being prosecuted by Deputy Chief Mark F. Mendelsohn and
Trial Attorney Thomas E. Stevens of the Fraud Section, Criminal Division
at the U.S. Department of Justice. The case is being investigated
by the Federal Bureau of Investigation's Washington Field Office and
the Internal Revenue Service, Criminal Investigation Division. The
Fraud Section also acknowledges the assistance of the Fort Worth Regional
Office of the Securities and Exchange Commission. The criminal investigation
is ongoing.