Two employees of an international engineering consulting
firm were charged in a superseding indictment filed today for their alleged
participation in a scheme to launder bribe payments to foreign government
officials for the benefit of a Columbus, Ohio-based subsidiary of Rolls-Royce
plc, to secure a contract to supply equipment and services to power a gas pipeline
from Kazakhstan to China.
Acting Assistant Attorney General John P. Cronan of the
Justice Department’s Criminal Division, U.S. Attorney Benjamin C. Glassman of
the Southern District of Ohio, Acting Inspector in Charge Nicole Davis of the
U.S. Postal Inspection Service’s Criminal Investigations Group, Assistant
Director Christopher Hacker of the FBI’s Criminal Investigative Division and
Special Agent in Charge Matthew J. DeSarno of the FBI’s Washington Field Office
Criminal Division made the announcement.
Azat Martirossian, 62, a citizen of Armenia, and Vitaly
Leshkov, 50, a citizen of Russia, were charged by a superseding indictment
filed in the Southern District of Ohio with one count of conspiracy to launder
money and 10 counts of money laundering.
Petros Contoguris, 70, a citizen of Greece, was also charged on these
counts, as well as one count of conspiracy to violate the Foreign Corrupt
Practices Act (FCPA), and seven counts of violating the FCPA. Contoguris previously had been charged on all
of these counts in an indictment that was filed on Oct. 12, 2017 and unsealed
on Nov. 7, 2017. Martirossian, Leshkov,
and Contoguris are believed to be residing outside the United States.
“The charges announced today against Azat Martirossian and
Vitaly Leshkov further demonstrate the Criminal Division’s unwavering resolve
to prosecute those who facilitate corruption and launder illicit proceeds,”
said Acting Assistant Attorney General Cronan.
“Thanks to the coordinated efforts by our prosecutors and agents—working
closely with their counterparts throughout the world—these defendants will face
prosecution for their allegedly corrupt schemes.”
“The charges filed today reflect the continued determination
of the United States to prosecute those who engage in foreign corrupt business
practices,” said U.S. Attorney Glassman. “International actors should think
twice before executing bribery schemes because the United States can and will
discover and prosecute such schemes and their perpetrators.”
“The U.S. Postal Inspection Service has a long history of
successfully investigating complex fraud and corruption cases,” said Acting
Inspector in Charge Davis. “Corruption
and bribery schemes such as this involving international corporations and
conspirators are not victimless crimes.
This type of conduct can damage competitive domestic and international
markets, and cause immeasurable economic losses both here in the United States
and around the world. Anyone who engages
in deceptive practices like this should know they will not go undetected and
will be held accountable, regardless of where they are. The collaborative investigative work on this
case conducted by Postal Inspectors and our domestic and international law
enforcement partners illustrates our efforts to protect the United States and
the international marketplace.”
“The allegations outlined today exemplify how a small group
of individuals, who knowingly engage in illegal payments in an attempt to
advance businesses dealings, create an uneven global marketplace,” said Acting
Assistant Director Hacker. “The FBI with
our partners continues to work these important cases in order to remove the
notion that bribery, through backroom deals, is an acceptable way of doing
business. This investigation demonstrates the importance of international
cooperation amongst law enforcement in combatting fraud and money laundering on
a global basis.”
“Today’s charges serve as a reminder of the important role
the FBI plays in rooting out international corruption,” said FBI Special Agent
in Charge DeSarno. “No one is above the
law, so let today’s announcement be a warning to those who may try to
perpetrate a similar scheme that the FBI will work with global partners in its
mission to detect and prevent corrupt business practices, and we will continue
to hold those who attempt to take advantage of international markets
accountable.”
According to the superseding indictment, Contoguris, the
founder and chief executive officer of Gravitas & CIE. International Ltd.
(Gravitas), former Rolls-Royce employees and executives, and others, allegedly
conspired to pay bribes to foreign officials in exchange for directing business
to Rolls-Royce Energy Systems Inc. (RRESI).
RRESI was a U.S.-based subsidiary of Rolls-Royce plc, the United
Kingdom-based global manufacturer and distributor of power systems for the
aerospace, defense, marine and energy sectors.
The superseding indictment alleges that Contoguris, working
with employees of an international engineering consulting firm (Technical
Advisor), including Martirossian and Leshkov, devised and executed a scheme
with Rolls-Royce executives and employees, whereby Rolls-Royce would pay
kickbacks to the Technical Advisor employees and bribes to at least one foreign
official in Kazakhstan, and disguise these payments as commissions to
Contoguris’s company, Gravitas, in exchange for helping Rolls-Royce win
contracts with Asia Gas Pipeline LLP (AGP).
According to the superseding indictment, AGP was created to
build and connect a gas pipeline between Central Asia and China, and the
Technical Advisor purported to provide independent engineering consulting
advice and other services to AGP. The
superseding indictment further alleges that after AGP awarded Rolls-Royce a
contract in November 2009, worth approximately $145 million, Rolls-Royce made
commission payments to Gravitas, and Contoguris then passed a portion of those
commission payments onto the Technical Advisor employees, including Leshkov and
Martirossian, knowing that a portion of that money would be shared with a
foreign official consistent with their corrupt agreement.
The charges announced today follow the Jan. 17, 2017
announcement of a deferred prosecution agreement (DPA) with Rolls-Royce plc and
a more than $800 million total penalty as part of a global resolution to
investigations by the Department of Justice, U.K., and Brazilian authorities
related to the corrupt conduct. The
charges also follow upon the Nov. 7, 2017 announcement, concerning Rolls-Royce
former executives and employees James Finley, Keith Barnett and Louis Zuurhout,
and Technical Advisor employee Andreas Kohler, each of whom have entered guilty
pleas in connection with their respective roles in the bribery scheme. The DPA acknowledged Rolls-Royce’s
cooperation in this case, including with the Department’s investigation into
individuals, and significant remedial measures.
An indictment is merely an allegation and all defendants are
presumed innocent until proven guilty beyond a reasonable doubt in a court of
law.
The U.S. Postal Inspection Service and the FBI’s
International Corruption Squad in Washington, D.C., investigated the case. Trial Attorneys Kevin R. Gingras and Vanessa
Snyder of the Criminal Division’s Fraud Section and Assistant U.S. Attorneys J.
Michael Marous and Jessica Kim of the Southern District of Ohio are prosecuting
the case.
The Criminal Division’s Office of International Affairs
provided significant assistance in this matter.
The United Kingdom’s Serious Fraud Office provided assistance in this
matter, as did law enforcement colleagues in Brazil, which both coordinated
with the Department to reach simultaneous resolutions with Rolls-Royce. The Department also thanks its law
enforcement colleagues in Austria, the Bahamas, Germany, the Netherlands,
Singapore, Switzerland and Turkey.
The Criminal Division’s Fraud Section is responsible for
investigating and prosecuting all FCPA matters.
Additional information about the Justice Department’s FCPA enforcement
efforts can be found at www.justice.gov/criminal/fraud/fcpa.
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