Nyame Denies He Was Bribed To Launder Suntai’s Image

Ex-governor of Taraba State Rev. Jolly Nyame has denied allegations that he was paid to carry out an image-laundering campaign for ailing  governor of the state Pharm Danbaba Danfulani Suntai.
A group known as Northern Taraba Elders Forum had, at a press conference in Jalingo   on Wednesday, called on Nyame to clear himself of allegations that he was invited to Abuja and given huge sums of money by an influential personality from the state to work for the interest of a cabal around  Suntai ahead of 2015.

Chairman of the forum Alhaji Bakari Bala had alleged that “Nyame’s romance with members of the cabal in recent times leaves much to be desired. We see this romance as a deliberate move to mortgage the political fortune of northern Taraba to the south. It is indeed surprising to many of us, the elders from northern Taraba, how Nyame has suddenly turned to one of the apostles or disciples of Suntai.”

The forum, which accused Nyame of being inconsistent as a leader, noted that his constant visits to Suntai at the Government House as well as moving around with him to churches and other places were “clear indications” that he “has been paid to carry out the dirty job for Suntai, same as the cabal”.

But, in a swift reaction, Rev. Nyame refuted the allegation of being sponsored to do any hatchet job or image-laundering campaign for Governor Suntai.

“ I think all the misgiving in the state from people left and right now is coming because I decided to go and commiserate with Danbaba of recent when he came back from an extended treatment abroad,” he said. “I want to make it abundantly clear that there is no doubt about it that Danbaba became a governor as a result of my contribution; as far as I am concerned, he is my political son. So, there is no way your son would be sick… whatever differences you have with your son, as far as you are a father,there is just no way you cannot go and see how he is faring.”

Nyame said his reconciliation with Governor Suntai was done on the basis of his Christian faith which emphasises the need for forgiveness and had nothing to do with being influenced with money by anybody.

“ I think some people maybe were feeding fat because of my broken relationship with Danbaba; so they want that kind of broken relationship to continue, and I want to say here that, as a practising Christian, it is just necessary for me to forgive if I want to make heaven.


“Bakari Bala is a Muslim, I’m a Christian; so he may not understand the motivation behind my going to Danbaba, because, in Christ’s teaching, he said whatever you do to the least you are doing unto me,” he said.

On the governorship race for 2015, Nyame said anybody could contest and that he alone as an individual cannot determine who becomes the governor of Taraba. As such, he said, there was no basis of anybody saying that he was sabotaging the political fortune of any zone.

Leadership

Police honour 10 junior officers in Jigawa

The Jigawa Police Command on Friday honoured 10 officers and men of the command for their oustanding performance in 2013.

The Commissioner of Police, Mr Kayode Theopulus, said that the policemen were honoured for their courage, hard work and determination in the discharge of their duties during the period.

He said the efforts put in by the officers had contributed to the success of the command in the last 12 months.

Theopulous said that the gesture was to encourage other policemen to commit themselves the more, to their duties.

He urged the beneficiaries to maintain the tempo and earn more recognition in 2014.
The News Agency of Nigeria reports that those honoured include DSP Anthony Aruwo, DSP Ibrahim Muhammad, ASP Akwage Ndibusi and Insp. Nicolas Akorobe.

Others are Sergeants Ayuba Muhammad and Anthony Sabo; Corporals Dauda Dadi and Emmanuel Adiga; Constables Habu Umar and Sani Abdullahi.

NAN also reports that Akorobe and Adiga received additional cash gift from the commissioner for their exceptional performances.

PUNCH

Level of corruption is high in Nigeria, NBA admits

DECEMBER 9 every year is the International Anti-Corruption Day. It is a day set aside all over the world by the United Nations to mark the campaign against corruption. The global theme for this year’s International Anti-Corruption day is “Zero Corruption-100% Development”.
  International Anti-Corruption Day reincarnates all the efforts, crusades, and campaigns against corruption by all stakeholders, including a strong coalition of governments, business community, civil society organisations, academics and media to resist corruption, and build culture of prevention and integrity.
  According to Transparency International, corruption is the abuse of public trust for private gain. Corruption may take a number of different forms, including and not limited to bribery, embezzlement, misappropriation patronage systems or nepotism, among others.
  With regards to Nigeria, it is obvious that the level of corruption is high. The level of endemic corruption in Nigeria is alarming. This alarming height of corruption in the country is not made any better or easier by the recent publication of the 2013 Corruption perception Index of Transparency International. According to the said report, Nigeria is the 33rd most corrupt country in the world.
  Distinguished ladies and gentlemen, it is regrettable that in spite of all the efforts against corruption in Nigeria and in spite of all the anti-corruption institutions in place, Nigeria is still rated very low in its fight against corruption. So the question that should be agitating our minds today is what are we to do about it? This is because it is not enough to be saying that there is corruption. And this is why I commend the NBA Anti-Corruption Commission for choosing the topic for today’s event which is “The Legislature as a vanguard for anti-corruption crusade”, which serves as a pointer to the legislative role in the anti-corruption crusade. In doing so, the NBA Anti-Corruption Commission identified a very important and veritable institution that can play a pivotal role in the crusade against corruption. This can be deciphered from the pragmatic and realistic topic, which brings to the front burner of national discourse, the role of the Legislature in the campaign against corruption.
The role of the Legislature in the crusade against corruption
In the entire process of nation building, the role of the Legislature has remained paramount. Just as there could be no government without the law or Constitution, there could be no government without the makers of the Constitution.
  Regrettably, in Nigeria, the impact of the Legislature in national development has not been felt, essentially because that arm of government has not been allowed to take root due to the incessant forays of the military into politics.
  With the 30 years of military rule and no history of accountability, the culture of legislative practice and process in Nigeria is relatively young and fragile. There is, however, an opportunity to chart a new course in democratic legislation in Nigeria, one that is responsive to the people and concerned with national development, and enacting laws that will enthrone good governance and trigger economic development.
  Globally, most of the Legislative Houses are strategically positioned and empowered to tackle corruption through legislation, participation in regional and inter-regional seminar that fosters the exchange of information on anti-corruption techniques, law and research.
  In Nigeria, the role of the Legislature in the fight against corruption is tripartite, which means that there are three major roles the Legislature should be involved in, in the quest to reduce corruption to its barest minimum and they are as follows:
Lawmaking
The major fight against corruption is carried out through the process of lawmaking. Section 4 of the 1999 Constitution of the Federal Republic of Nigeria (as Amended) provides that the Legislature is empowered to make laws for the good governance of the nation, which include enacting anti-corruption legislation that criminalises corruption and provides for appropriate punishment for offenders.
Oversight Function
By virtue of Section 88 of the 1999 Constitution of the Federal Republic of Nigeria (as amended), the Legislature is empowered to conduct investigation or oversight the conduct of affairs of any person, authority, ministry or government department charged or intended to be charged with the duty of, or responsibility for (a) executing or administering laws enacted by the National Assembly, (b) disbursing and administering money appropriated by the National Assembly.
  In the current dispensation, the National Assembly has conducted several investigative hearings by inviting government agencies like the Bureau of Public Employment, Ministry of Aviation, NNPC, among others, to ascertain or probe their activities within a given period in order to expose corruption, inefficiency or waste in the execution of their powers, or funds appropriated to these agencies. Regrettably, not much has come out of these; rather we have had scandals and all sorts of stories, fuel subsidy probe, power probe, among others.
Representation
The Legislature in Nigeria has been interfacing with Civil Society Organisations in the fight against corruption and collaborating with them in the area of Legislative Advocacy down to their constituencies. The 7th National Assembly has committee on Anti-Corruption, National Ethics and Values. In the House of Representatives, they have Public Accounts Committee of both Houses, through which it carries out this struggle to tackle corruption in Nigeria.
From the foregoing, the Legislature has enough constitutionally endowed powers to fight the scourge of endemic corruption in Nigeria and can make all the difference.
  The Nigerian Bar Association calls on the National Assembly and the state Houses of Assembly to utilise their immense legislative powers, not only to strengthen existing anti-Corruption Laws and Institutions, but also to consider the enactment of new anti-Corruption Laws in Nigeria.
  But for the Legislature to effectively play a positive and result-oriented role in the fight against corruption, it is important that it is independent. Legislative independence is key to a result-oriented Legislature process in a democracy.
  Just as independence of the Legislature is key to the success of enacting anti-corruption legislations, independence of the Bench and the Bar is no less crucial in the anti-graft campaign. The Bar has been very active and proactive both in words and in deeds, in the crusade against corruption. It was for that reason that we set up the NBA Anti-Corruption Commission. I commend this Commission under the leadership of Malam Yusuf Ali (SAN) for the good work they have been doing so far.
Independence of the judiciary and the fight against corruption
There is no doubt that the Constitution has assigned to the judiciary and by extension, the legal profession an extremely difficult and delicate role. As a fall-out of this role, the desired end is justice and this dish must be served with some accompaniments, which must include expeditious and inexpensive trials and the easy availability of redress for parties aggrieved. The problem of overloaded court dockets is indeed one that must be tackled head-on and better results would be achieved if the Bar and the Bench work collaboratively.
  Government must recognise that the judiciary is the Third Arm of government in any civilised society. 
  Accordingly, the independence of the Judiciary must be guaranteed and secured. To secure the independence of the judiciary, government must grant to it true financial autonomy, and a full self-accounting status. The funds of the judiciary must be released to it as soon as the same is approved in the budgets of the Federal and State Governments. The personal emoluments of judicial officers, together with their other conditions of service, should be enhanced to make them commensurate with that of their counterparts in England, from where Nigeria derived its legal system.
  The NBA reiterates that government must recognise that it is only the existence of a virile, fearless and independent judiciary that can fight corruption and the maintenance of law and order. It must be recognised that only a corruption-free Nigeria will provide the enabling environment for foreign investments, economic growth and social development.
  Distinguished ladies and gentlemen, it is important to point out at this juncture that apart from the Legislature, the Judiciary plays a significant role in the anti-corruption crusade. But for the Judiciary to fight corruption effectively and efficiently, it has to be strong, virile and financially and institutionally independent. This means that the independence of the Bench and Bar is key to the campaign against corruption. This is because it is only when the Bench is well funded and independent that it can be bold and courageous to impose adequate punishment for perpetrators of corruption. But when the Judiciary is underfunded and perceived to be weak, those who thrive in corruption will continue in their fraudulent acts with impunity believing that nothing will happen.
  On the other hand, judges must be men of probity and of impeccable character. No aspect of a judge’s conduct should give cause for concern. He or she must show the highest sense of discipline and good behaviour. It is the duty of every judge to present to the nation a judiciary, which the people of this country can be proud of. Corruption is one major topic being freely discussed at every forum in Nigeria and sadly, the Bench is not isolated. This is a monster that has wrecked untold havoc on the socio-economic fabric of the nation. The judiciary cannot, like the ostrich, hide its head in sand and pretend not to have read in very recent times in the newspapers the criticisms and allegations of corruption, lethargic attitude to work and the incompetence of some judges.
  The problem of corruption or lack of integrity is not with the Bench per say but the whole Nigerian society. One may argue that it is extremely difficult for systems and institutions to function with integrity in an environment that is corruption-infested. The painful thing however is when the judiciary, which is held in the highest esteem, is also allegedly inflicted with the virus.
There is a general feeling that high profile cases never make it through the Nigerian court system. Serious crimes carry a slap on the wrist and petty sentencing, while petty criminals get maximal penalties. Compare corruption punishment in Ghana, South Africa, and China to Nigeria and one sees why Nigeria will remain an object of mockery in the international community. Before, Nigerian judges made their marks all over the world. Most judges still have their education but the morality and ethical aspects have been expunged from their lives’ experiences. The general pervasive sentiment among the citizenry is that almost all the three areas of the government are corrupt: Executive; Legislature and Judiciary. If the public loses respect for the Bench, society may gradually be creeping back to the days of jungle justice as less and less persons and institutions will be willing to entrust their disputes to judges. As judicial officers, a series of temptation come but the ability to resist them will definitely stand out the judge and earn him a lasting reputation. If judges endeavour to live up to the letter and spirit of their oath of office and the code, corruption may become a thing of the past.
  With regards to the Bar, the Nigerian Bar Association has speared no effort in weeding out corrupt lawyers in the legal profession through our disciplinary mechanism. I am pleased to say that within the last one year, a total of 11 lawyers have been disbarred from the legal profession. Only last week, two more lawyers were disbarred and two suspended. We strongly believe that the series of disbarment will serve as deterrent to potential corrupt legal practitioners.
  I must here state unequivocally that the fight against corruption is not easy, especially in Nigeria. In situation of endemic corruption into which Nigeria has been plunged, it will not be easy to fight corruption. But it is gratifying to note that we have started somewhere.
  Most importantly, the legal framework and institutions need to be reformed. It is the Legislature that has responsibility to do so backed by a strong political will of the President of Nigeria. Of equal importance is the need for re-orientation of Nigerians. The NBA believes that a perfect blend of institutional and social design holds the answer to corruption in Nigeria.
  The NBA calls on all stakeholders in the anti-corruption crusade not to forget the essence of marking the International Anti-Corruption Day. It is a day of wake-up call to keep up the good fight. It is a day to remind us of our responsibility to campaign against corruption. Taking back what is lost to corrupt leaders is everyone’s responsibility.
This speech was delivered by Okey Wali (SAN), president, Nigerian Bar Association (NBA), on December 9,
2013, to mark the International Anti-Corruption Day.

GUARDIAN

German Firm Fined $32m for Bribing Nigerian Officials

In continuation of the Willbros Inc bribery saga, a German Engineering Firm,  Bilfinger SE based in Mannheim has been fined $32 million for violating the Foreign Corrupt Practices Act (FCPA) by bribing some Nigerian government officials.

The firm, an international engineering and services company bribed the officials to secure and retain contracts related to the Eastern Gas Gathering System (EGGS) project, which was valued at approximately $387 million.

According to court documents, from late 2003 through June 2005, Bilfinger in collaboration with Willbros Group Inc. and others conspired to pay bribes of more than $6 million to the government officials to secure the EGGS contracts.

According to a recent statement issued by the US Department of Justice in Washington, Bilfinger and Willbros formed a joint venture to bid on the EGGS project.

They inflated the price of the joint venture’s bid by 3 percent to include the $6 million bribe.
"As part of the conspiracy, Bilfinger employees bribed Nigerian officials with cash that Bilfinger employees sent from Germany to Nigeria. At another point in the conspiracy, when Willbros employees encountered difficulty obtaining enough money to make their share of the bribe payments, Bilfinger loaned them $1 million, with the express purpose of paying bribes to the Nigerian officials," it read.
The US Acting Assistant Attorney General, Mythili Raman of the Justice Department’s Criminal Division and Assistant Director in Charge Valerie Parlave of the FBI’s Washington Field Office made the announcement.

They disclosed that as part of the agreed resolution, the department on December 11 filed a three-count criminal information in U.S. District Court for the Southern District of Texas charging Bilfinger with violating and co

nspiring to violate the FCPA’s anti-bribery provisions.
"The department and Bilfinger agreed to resolve the charges by entering into a deferred prosecution agreement for a term of three years. In addition to the monetary penalty, Bilfinger agreed to implement rigorous internal controls, continue cooperating fully with the department, and retain an independent corporate compliance monitor for at least 18 months. The agreement acknowledges Bilfinger’s cooperation with the department and its remediation efforts," the statement read.

It continued: "Including today’s (December 11)  action, the department has filed criminal charges in the Southern District of Texas against three institutions and four executives and consultants in connection with the EGGS bribery scheme:
Several Willbros officials have already been tried and convicted for bribing Nigerian government officials..

" On Sept. 14, 2006, Jim Bob Brown, a former Willbros executive, pleaded guilty to one count of conspiracy to violate the FCPA in connection with his role in making corrupt payments to Nigerian government officials to obtain and retain the EGGS contract and in connection with his role in making corrupt payments in Ecuador. Brown was sentenced on Jan. 28, 2010, to serve 12 months and one day in prison, to be followed by two years of supervised release, and ordered to pay a $17,500 fine."

"On Nov. 5, 2007, Jason Steph, also a former Willbros executive, pleaded guilty to one count of conspiracy to violate the FCPA in connection with his role in making corrupt payments to Nigerian government officials to obtain and retain the EGGS contract. Steph was sentenced on Jan. 28, 2010, to serve 15 months in prison, to be followed by two years of supervised release, and ordered to pay a $2,000 fine"

" On May 14, 2008, Willbros Group Inc. and Willbros International Inc. entered into a deferred prosecution agreement and agreed to pay a $22 million criminal penalty in connection with the company’s payment of bribes to government officials in Nigeria and Ecuador. On March 30, 2012, the government moved to dismiss the charges against Willbros on the grounds that Willbros had satisfied its obligations under the deferred prosecution agreement, and on April 2, 2012, the court granted the United States’ motion"

"On Dec. 19, 2008, Kenneth Tillery, a former Willbros executive, was charged with conspiring to make and making bribe payments to Nigerian and Ecuadoran officials in connection with the EGGS project and pipeline projects in Ecuador and conspiring to launder the bribe payments. Tillery remains a fugitive. The charges against Tillery are merely accusations, and he is presumed innocent unless and until proven guilty."

"On Nov. 12, 2009, Paul Grayson Novak, a former Willbros consultant, pleaded guilty to one count of conspiracy to violate the FCPA and one substantive count of violating the FCPA in connection with his role in making corrupt payments to Nigerian government officials to obtain and retain the EGGS contract. Novak was sentenced on May 3, 2013, to serve 15 months in prison, to be followed by two years of supervised release, and ordered to pay a $1 million fine."

THISDAY

Group Assesses Nigeria's Anti-Corruption Compliance With UN Convention

A group known as Zero Corruption Coalition (ZCC) has vowed to help wipe out corruption from the system in Nigeria.
The vow was made at a one-day validation meeting in Lagos to Assess Nigeria's Anti-corruption compliance with United Nations Convention against Corruption (UNCAC) in preparation for Nigeria's Country Review Mechanism, with support from British Council Anti-corruption Component.
Speaking on the objectives of the meeting, the National Secretary of ZCC, Mr. Babatunde Oluajo, noted that the validation meeting was aimed at assessing, reviewing and publishing the extent to which Nigeria's anti-corruption initiatives conforms to the provisions of the UNCAC.
He also stated that the views expressed at the validation meeting were aimed at engaging with the UNCAC review team for Nigeria in line with the earlier report on the UNCAC review process for Nigeria and the value of the CSO Report on Nigeria's Implementation of the UNCAC.
He noted that the review lays emphasis on criminalisation, enforcement and international cooperation as part of Nigeria's country review as provided for in the fourth year round of reviews under the UNCAC state parties review mechanism. Oluajo explained that at the end of the meeting, several observations and recommendations were made, which he noted, could serve as a remedy for tackling corruption in the country.
According to him, "The processes of prosecution of anti-corruption cases require a fast-track administration of justice system at both the trial and Appellate Courts. Also there is the need to make Anti-corruption agencies operational effective in every state and local government recognised in the Constitution.
"Apart from the various statements of government functionaries during swearing in ceremonies at both states and federal levels warning that acts of corruption will not be tolerated, it appears the statement is observed only in the breach. "Even basic administrative steps capable or reducing and minimising corruption particularly in the conduct of public affairs is yet to be put in place by the various governments," he added.
Continuing, he noted that "Most of the enabling statutes are not strong enough to act as service deterrents. This is especially so if the laws are placed side by side with specific measures under Article 12. "The absence of synergy between the different agencies has resulted in duplication of roles across the agencies and increases the bureaucracy involved in determining which crimes are punishable by them, or under which laws to charge the specific offence," he added. Speaking on the recommendations made, Oluajo said: "The laws should be infused with international character such as those of the foreign corrupt practices act and the UK Bribery Act to ensure there is no hiding place for criminals and their proceeds of crime whether or not they are physically present in those jurisdictions. "There is need to amend to Section 308 of the 1999 Constitution of the Federal Republic of Nigeria to remove the immunity clause that prevents the prosecution of certain public officials while still in office.
"There is also need to amend Section 174 of the constitution to remove or limit the powers of the Attorney General to withdraw corruption related cases or fetter the powers of the specialised agencies assigned the task of prosecuting cases of corruption in Nigeria."
 

THISDAY

Take a Stand on Corruption Fight, Coalition Tells Jonathan

President Goodluck Jonathan has been urged to take a stand and live by example on the fight against corruption in the country.

The President was also enjoined “to stop romancing corruption which is the bane of our development or else Nigerians will hold him as the first enemy of the Nigerian Project.”
The calls were contained in a communiqué jointly issued in Abuja by the Civil Society Legislative Advocacy Centre (CISLAC) in collaboration with Zero Corruption Coalition (ZCC) as the world marked the International Anti-Corruption Day recently.

The communiqué, with a theme ‘Zero Corruption – 100 per cent Development’ also called on the federal and states governments to make special efforts to detect corruption in their businesses in order to achieve meaningful development. 

International Anti-Corruption Day is a time for political leaders, governments, legal bodies and lobby groups to work together against corruption by promoting the day and the issues that surround this event. On this day anti-corruption advocates organise events to engage the general public to effectively fight against corruption and fraud in communities.

According to the Executive Director of CISLAC, Auwal Ibrahim Musa (Rafsanjani), who signed the communiqué, “Corruption is an issue that affects all countries around the world. It undermines democracy, creates unstable governments, and sets countries back economically. It comes in various forms such as bribery, law-breaking without dealing with the consequences in a fair manner, unfairly amending election processes and results, and covering mistakes or silencing whistleblowers (those who expose corruption in hope that justice would be served).

“The solution to Preventing and combating corruption requires a comprehensive approach, but only in a climate of transparency, accountability and participation by all members of society. Such as; governments, the private sector, the media, civil society organisations and the general public need to work together to curb this crime.

According to Global Integrity Group, a Washington - based corruption monitoring organisation, $129 billion was “fraudulently transferred out of Nigeria in 10 years.” Converted into naira, this figure stands at N20.6 trillion stolen from Nigeria by public office holders in 10 years.”

To Rafsanjani, “Anti-corruption measures need to be integrated into development planning processes. The development partner’s work on governance around the country aims to strengthen the national institutions and processes needed to build trust, improve responsiveness and accountability, and mobilise resources for development.

“Taking back what was lost to corrupt practices is everyone's responsibility - governments and civil society organisations, the private sector and the media, the general public, and youth who will play a pivotal role in seeing this agenda through so that their future is built on solid and honest foundations”, the communiqué added.

“However, corruption afflicts all levels of governments, undermining social progress and breeding inequality and injustice. When desperately needed development funds are stolen by corrupt individuals and institutions, poor and vulnerable people are robbed of the education, health care and other essential services”, the coalition lamented.

It also called on government to take strong measures to prevent political corruption in the country, and insisted that government must cut down waste and duplication of resources as contained in the budget as a measure of detecting corruption risks in governance.

“ZCC/CISLAC is calling on the government of President Jonathan to carefully study recently released Transparency International’s global Corruption Perception Index (CPI) as a reality check, confirming that the country’s fight against corruption has lost track.

“We are calling on the government of President Jonathan to see to meeting the basic needs of Nigerians by prioritising and demonstrating its expressed commitment to fight corruption. That as a matter of seriousness urgently ensuring the effective prosecution of those suspected of massive corruption in the fuel subsidy reports”, the coalition added.

It also demanded that all outstanding corruption reports, including the House Committee report on the subsidy racket, must be fully implemented and perpetrators effectively punished.

It called for an independent investigation to be conducted into the numerous cases and corruption charges lying pending against public office holders. Notable in case are the ones involving the Aviation Minister, and the most recent case of SURE-P, which warranted the resignation of the Chairman.

THISDAY

US Fines Julius Berger N5.1b For Bribing Nigerian Officials

The United States Justice Department and the Federal Bureau of Investigation have confirmed that construction giant Julius Berger’s foreign affiliate Bilfinger SE, has agreed to pay N5.1 billion ($32m) penalty for violating the Foreign Corrupt Practices Act.
Bilfinger SE, German-based international engineering and services company, was charged with bribing Nigerian government officials to obtain and retain contracts related to work for the Eastern Gas Gathering System (EGGS). A project valued at $387 million.
Acting Assistant Attorney General Mythili Raman of the Justice Department’s Criminal Division and Assistant Director in Charge Valerie Parlave of the FBI’s Washington Field Office made the announcement.

As part of the agreed resolution, the department Tuesday filed a three-count criminal information in U.S. District Court for the Southern District of Texas charging Bilfinger with violating and conspiring to violate the FCPA’s anti-bribery provisions. The department and Bilfinger agreed to resolve the charges by entering into a deferred prosecution agreement for a term of three years. In addition to the monetary penalty, Bilfinger agreed to implement rigorous internal controls, continue cooperating fully with the department, and retain an independent corporate compliance monitor for at least 18 months. The agreement acknowledges Bilfinger’s cooperation with the department and its remediation efforts.

According to court documents, from late 2003 through June 2005, Bilfinger conspired with Willbros Group Inc. and others to make corrupt payments totaling more than $6 million to Nigerian government officials to assist in obtaining and retaining contracts related to the EGGS project. Bilfinger and Willbros formed a joint venture to bid on the EGGS project and inflated the price of the joint venture’s bid by three percent to cover the cost of paying bribes to Nigerian officials. As part of the conspiracy, Bilfinger employees bribed Nigerian officials with cash that Bilfinger employees sent from Germany to Nigeria. At another point in the conspiracy, when Willbros employees encountered difficulty obtaining enough money to make their share of the bribe payments, Bilfinger loaned them $1 million, with the express purpose of paying bribes to the Nigerian officials.
On September 14, 2006, Jim Bob Brown, a former Willbros executive, pleaded guilty to one count of conspiracy to violate the FCPA in connection with his role in making corrupt payments to Nigerian government officials to obtain and retain the EGGS contract and in connection with his role in making corrupt payments in Ecuador. Brown was sentenced on January 28, 2010, to serve 12 months and one day in prison, to be followed by two years of supervised release, and was ordered to pay a $17,500 fine.
On November 5, 2007, Jason Steph, also a former Willbros executive, pleaded guilty to one count of conspiracy to violate the FCPA in connection with his role in making corrupt payments to Nigerian government officials to obtain and retain the EGGS contract. Steph was sentenced on January 28, 2010, to serve 15 months in prison, to be followed by two years of supervised release, and was ordered to pay a $2,000 fine.

On May 14, 2008, Willbros Group Inc. and Willbros International Inc. entered into a deferred prosecution agreement and agreed to pay a $22 million criminal penalty in connection with the company’s payment of bribes to government officials in Nigeria and Ecuador. On March 30, 2012, the government moved to dismiss the charges against Willbros on the grounds that Willbros had satisfied its obligations under the deferred prosecution agreement, and on April 2, 2012, the court granted the United States’ motion.

On December 19, 2008, Kenneth Tillery, a former Willbros executive, was charged with conspiring to make and making bribe payments to Nigerian and Ecuadoran officials in connection with the EGGS project and pipeline projects in Ecuador and conspiring to launder the bribe payments. Tillery remains a fugitive. The charges against Tillery are merely accusations, and he is presumed innocent unless and until proven guilty.

On November 12, 2009, Paul Grayson Novak, a former Willbros consultant, pleaded guilty to one count of conspiracy to violate the FCPA and one substantive count of violating the FCPA in connection with his role in making corrupt payments to Nigerian government officials to obtain and retain the EGGS contract. Novak was sentenced on May 3, 2013, to serve 15 months in prison, to be followed by two years of supervised release, and was ordered to pay a $1 million fine.
The case was investigated by the FBI’s Washington Field Office and its team of special agents dedicated to the investigation of foreign bribery cases. The case is being prosecuted by Senior Trial Attorney Laura N. Perkins of the Criminal Division’s Fraud Section.

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