United States v. Vitol Inc. (E.D.N.Y. 2020)
United States v. Rodrigo Garcia Berkowitz (E.D.N.Y. 2019)

• Case Name
• United States v. Vitol Inc. (E.D.N.Y. 2020)
  United States v. Rodrigo Garcia Berkowitz (E.D.N.Y. 2019)

• Date Filed
• 12/03/2020

• Enforcement Agency
• DOJ

• Foreign Official
• Unnamed foreign officials at Petrobras, and unnamed foreign officials in the Ecuadorian and Mexican governments.

• Date of Conduct
• 2005 to 2014

• Nature of Business
• Vitol Inc. is a U.S.-based affiliate of a global energy trading company.
  
  Rodrigo Garcia Berkowitz, a Brazilian citizen, worked as a fuel trader for Petrobras.

• Influence to be Obtained
• According to DOJ, Vitol bribed foreign officials in Brazil, Ecuador, and Mexico between 2005 and 2014. The company was charged with two counts of conspiracy to violate the anti-bribery provisions of the FCPA for alleged
  payments to win contracts with SOEs in the oil and gas sector in those three countries for the purchase and sale of oil. Specifically, in Brazil, Vitol allegedly bribed at least nine officials at Petrobras, Brazil’s state-owned oil company, in order to win fuel oil contracts with the government – including Berkowitz. Berkowitz and his unnamed co-conspirators allegedly transferred at least $14.4 million in bribes in connection with the oil contracts.
  
  In Mexico and Ecuador, the company entered into consulting arrangements, through shell companies, and created fake invoices to pay bribes to foreign officials.

• Enforcement
• On December 3, 2020, the DOJ announced it had entered into a deferred prosecution agreement with Vitol in which the company agreed to pay a combined $135 million. Vitol received a 25% discount off the Sentencing
  Guidelines base for its cooperation and remediation. The DOJ also credited $45 million to be paid to the Brazilian authorities and $28.7 million to the CFTC in related enforcement actions.
  
  On February 8, 2019, the DOJ filed a conspiracy to commit money laundering charge against Berkowitz. The charges remain pending.

• Amount of the Value
• More than $8 million.

• Amount of Business Related to Payment
• Not stated.

• Intermediary
• Intermediary.

• Citizenship of Parent Entity
• United States

• Total Sanction
• $ 135,000,000

• Compliance Monitor
• No

• Reporting Requirements
• Yes (3 Years)

• Case is Pending?
• Yes

• Total Combined Monetary Sanction
• $ 135,000,000

• Related Enforcement Actions
• United States v. Aguilar (E.D.N.Y. 2020)
  

Vitol Inc. 

• Citation
• United States v. Vitol Inc., Case No. 20-CR-539 (E.D.N.Y. 2020). 

• Date Filed
• 12/03/2020

• Filed Under Seal
• No

• Other Statutory Provision
• Conspiracy (Anti-Bribery).

• Disposition
• Deferred Prosecution Agreement

• Defendant Jurisdictional Basis
• Domestic Concern, Territorial Jurisdiction

• Defendant's Citizenship
• United States

• Individual Sanction
• $135 million. 

Rodrigo Garcia Berkowitz

• Citation
• United States v. Rodrigo Garcia Berkowitz, No. 19-cr-00064 (E.D.N.Y. 2019). 

• Date Filed
• 02/08/2019

• Filed Under Seal
• No

• Other Statutory Provision
• Conspiracy (Money Laundering)

• Disposition
• Guilty Plea

• Defendant Jurisdictional Basis
• Conspiracy

• Defendant's Citizenship
• Brazil

• Individual Sanction
• Pending.