Weak FCPA Compliance Program and Lack of Cooperation Cited in Marubeni’s $88 Million Guilty Plea

Resolving its second FCPA enforcement action in just over two years, Japanese-based Marubeni has pled guilty to charges related to payments it made, in concert with its consortium partner French power company Alstom SA, to Indonesian government officials in exchange for a $118 million contract to provide power in that country.  The agreement highlights the broad jurisdictional and temporal reach of the FCPA and includes $88 million in fines, above the minimum Sentencing Guidelines range.  The acts at issue predate Marubeni’s 2012 Deferred Prosecution Agreement with the DOJ to resolve charges it bribed Nigerian officials for energy contracts.  See also “Bilfinger Settlement Highlights the Long Tail and Loose Jurisdictional Requirements of Criminal FCPA Charges” (Dec. 18, 2013). 

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