United States v. Herbert Tannenbaum (S.D.N.Y. 1998)

• Case Name
• United States v. Herbert Tannenbaum (S.D.N.Y. 1998)

• Date Filed
• 07/17/2001

• Enforcement Agency
• DOJ

• Countries
• Argentina

• Foreign Official
• An undercover agent posing as a procurement officer of the government of Argentina.

• Date of Conduct
• 1996 to 1998

• Nature of Business
• Garbage incinerator manufacturer, Tanner Management Corporation (“Tanner”).

• Influence to be Obtained
• To obtain a contract for sale of a garbage incinerator to the government of Argentina.

• Enforcement
• Tannenbaum, as President of Tanner Management Corporation, attempted to procure sales to the Argentine government for his company’s garbage incinerators. Tannenbaum offered to make secret payments to an undercover agent posing as a procurement officer for Argentina in order to induce the agent to purchase the incinerators. To mask the illegal payments, Tannenbaum incorporated a fictitious entity named Cybernet USA and opened a bank account in the same name.  Herbert Tannenbaum pled guilty to conspiring to violate the FCPA and was sentenced to confinement for a year and a day and a fine of $15,000.

• Amount of the Value
• $16,000 paid to an undercover agent posing as an Argentinean government official.

• Amount of Business Related to Payment
• Not Stated.

• Intermediary
• Incorporation of a fictitious entity, Cybernet USA, to disguise the secret payment to the agent of the government of Argentina.

• Total Sanction
• $ 15,000

• Compliance Monitor
• No

• Reporting Requirements
• No

• Case is Pending?
• No

Herbert Tannenbaum 

• Citation
• United States v. Tannenbaum, No. 98-cr-784 (S.D.N.Y. 1998).

• Date Filed
• 07/17/2001

• Filed Under Seal
• No

• FCPA Statutory Provision
• • Conspiracy: Anti-Bribery

• Other Statutory Provision
• None

• Disposition
• Guilty Plea

• Defendant Jurisdictional Basis
• Domestic Concern, Conspiracy

• Defendant's Citizenship
• United States

• Individual Sanction
• 1-Year Imprisonment; $15,000 Criminal Fine.