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Published on March 29, 2024
Trafigura Pleads Guilty in $126M Bribery Case and Faces Hefty Fines After Miami Probe Source: Unsplash/ Tingey Injury Law Firm

The Swiss commodities juggernaut Trafigura is shelling out over $126 million, pleading guilty to bribery charges after a U.S. probe revealed a scheme to wine and dine Brazilian government officials. As part of the plea deal, the company will pay a whopping $80,488,040 in criminal fines and forfeit an additional $46,510,257. This development, which unfolded in Miami, spotlights the Southern District of Florida as a battleground against international corruption.

Trafigura's illicit maneuvers, which ran from 2003 to 2014, involved greasing the palms of officials at Brazil’s state-controlled oil heavyweight, Petrobras, to land lucrative deals. In a statement obtained by the U.S. Justice Department, U.S. Attorney Markenzy Lapointe asserted, “Our office will continue to target anyone who uses the Southern District of Florida to further foreign corrupt practices, and bribery schemes.”

Caught in the act, Trafigura confessed to a conspiracy aimed at violating the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA). According to court documents, the company conjured up a complicated web of shell companies and offshore bank accounts to funnel cash to Brazilian officials. Trafigura and its cronies met in Miami to plot the bribery operation, agreeing to pay upwards of 20 cents per barrel in under-the-table payments for transactions with Petrobras, Assistant Director Michael Nordwall of the FBI’s Criminal Investigative Division told the Justice Department.

The hefty fines reflect a relatively lenient 10% reduction off the lowest end of the sentencing spectrum, credited to Trafigura's so-called cooperation and implementation of remedial internal policies, in their own belated attempt at playing good corporate citizen. Nonetheless, during the investigation's early phase, the company dragged its feet in preserving and handing over key documents and evidence, sometimes clashing with the full cooperation stance, they purported to uphold.

Beyond the headlines, this isn't Trafigura's first tango with the law. The company's rap sheet includes a 2006 guilty plea for false goods statements and a 2010 conviction in the Netherlands connected to the illegal dumping of toxic waste in Côte d’Ivoire. Even the saving grace of their cooperation comes tainted with the slow implementation of corrective measures for employees caught up in wrongdoing. The case, investigated by the FBI Los Angeles Field Office with assistance from the International Corruption Unit, is being prosecuted by a competent team from the Fraud Section of the Criminal Division, with added support from the Office of International Affairs and authorities from Brazil, Switzerland, and Uruguay.

For those keen on the gritty details of Trafigura's downfall or eyeing future cases, the U.S. Department of Justice maintains a robust repository of FCPA enforcement actions on their website. The saga of Trafigura's dirty deals serves as a cautionary tale affirming that no matter how lofty the profits, justice has a reach that extends well beyond the boardrooms and into the fabric of global trade malfeasance.

Miami-Crime & Emergencies