United States v. Vitusa Corp. (D.N.J. 1994)
United States v. Denny J. Herzberg (D.N.J. 1994)

• Case Name
• United States v. Vitusa Corp. (D.N.J. 1994)
  United States v. Denny J. Herzberg (D.N.J. 1994)

• Date Filed
• 04/13/1994

• Countries
• Nigeria

• Foreign Official
• An unnamed senior official of the government of the Dominican Republic, with power to authorize the government to release the balance due to Vitusa.

• Date of Conduct
• 1992

• Nature of Business
• Sale of milk powder to the government of the Dominican Republic by Vitusa Corp. (“Vitusa”), a New Jersey corporation and a domestic concern.

• Influence to be Obtained
• To obtain an outstanding balance due to Vitusa on an earlier contract to sell milk powder to the government of the Dominican Republic.

• Enforcement
• Amount of fine.  Vitusa pled guilty to a single count violation of the FCPA, agreed to cooperate and was fined $20,000.
   
  Individuals charged and their relationship with the business.  Herzberg, president, chief executive officer and sole stockholder of Vitusa, pleaded guilty to the single count of violating the FCPA, was sentenced to two years’ unsupervised probation and was fined $5,000.
   

• Amount of the Value
• $20,000.

• Amount of Business Related to Payment
• Collecting a debt of $163,000.

• Intermediary
• Vitusa’s agent, Horizontes Dominicanos, a broker located in the Dominican Republic, owned and operated by Mancebo, a resident of the Dominican Republic.

• Compliance Monitor
• No

• Reporting Requirements
• No

• Case is Pending?
• No

Vitusa Corp.

• Citation
• United States v. Vitusa Corp., No. 94-cr-253 (D.N.J. 1994);

• Date Filed
• 04/13/1994

• Filed Under Seal
• No

• FCPA Statutory Provision
• • Aiding and Abetting: Anti-Bribery
  • Anti-Bribery

• Other Statutory Provision
• None

• Disposition
• Plea Agreement

• Defendant Jurisdictional Basis
• Domestic Concern, Aiding and Abetting

• Defendant's Citizenship
• United States

• Individual Sanction
• $20,000.

Denny J. Herzberg 

• Citation
• United States v. Herzberg, No. 94-cr-254 (D.N.J. 1994).

• Date Filed
• 04/13/1994

• Filed Under Seal
• No

• FCPA Statutory Provision
• • Aiding and Abetting: Anti-Bribery
  • Anti-Bribery

• Other Statutory Provision
• None

• Disposition
• Plea Agreement

• Defendant Jurisdictional Basis
• Domestic Concern, Aiding and Abetting

• Defendant's Citizenship
• United States

• Individual Sanction
• 24-Months Probation; $5,000 Criminal Fine.