2022-06-02 SEC Press press_release 62 KB 2,504 chars

SEC Charges Global Steel Pipe Manufacturer with Violating Foreign Corrupt Practices Act

Release
2022-98
Caption
Securities and Exchange Commission v. Brazilian Government Official, et al.
summary

Tenaris, a Luxembourg-based steel pipe manufacturer, paid $10.4 million in bribes to a Brazilian government official to secure business from Petrobras and agreed to pay $78 million to resolve SEC charges.

paragraph

Tenaris, a Luxembourg-based global manufacturer, has agreed to pay more than $78 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) in connection with a bribery scheme involving its Brazilian subsidiary. The alleged fraud involved approximately $10.4 million in bribes paid to a Brazilian government official to obtain and retain business from Petrobras between 2008 and 2013. Tenaris has consented to the SEC's order without admitting or denying the findings, and has agreed to comply with undertakings for a two-year period related to its ongoing remedial efforts.

narrative

Tenaris, a Luxembourg-based steel pipe manufacturer, has agreed to pay more than $78 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) in connection with a bribery scheme involving its Brazilian subsidiary. The alleged fraud involved approximately $10.4 million in bribes paid to a Brazilian government official to obtain and retain business from Petrobras between 2008 and 2013. The bribes were funded on behalf of Tenaris' Brazilian subsidiary by companies affiliated with Tenaris' controlling shareholder. Tenaris failed to implement sufficient internal accounting controls, allowing the bribes to be facilitated through these companies. This marks Tenaris' second major FCPA violation, following a 2011 resolution over bribes in Uzbekistan. Tenaris has consented to the SEC's order without admitting or denying the findings, and has agreed to comply with undertakings for a two-year period related to its ongoing remedial efforts. The SEC's investigation received assistance from authorities in Panama, Brazil, and Italy.

Enriched metadata

Scheme
fcpa (100%)
Outcome
settled
Victim loss
$78,000,000
Classified fcpa(confidence 100%). No EDGAR filing fingerprint (criminal/DOJ-side scheme). detection rule →
Parties
brazilian government officialDepartment of Justicesec orderSecurities and Exchange Commissionsufficient internal accounting controlstenaris brazilian subsidiarytenaris uzbekistan bribes
Keywords
sectenarissteel pipeforeign corruptcorrupt practicesbrazilian subsidiaryfcpa unitbrazilianfcpabribesglobal steelpipe manufacturermanufacturer violatingviolating foreignsecurities exchange

Exhibits & Attached Documents (1)

Extracted insights

Dollar amounts 2
  • $78.00M $78 million $10M–$100M
  • $10.40M $10.4 million $10M–$100M
Entities 7
  • person brazilian government official
  • agency Department of Justice
  • agency sec order
  • agency Securities and Exchange Commission
  • person sufficient internal accounting controls
  • person tenaris brazilian subsidiary
  • person tenaris uzbekistan bribes
Triples 12
  • Tenaris violated Foreign Corrupt Practices Act (FCPA)
  • Tenaris will pay $78 million
  • Tenaris Brazilian Subsidiary paid bribes to Brazilian Government Official
  • Bribes totaled $10.4 million
  • Bribes occurred between 2008 and 2013
  • Tenaris obtained business from Petrobras
  • Tenaris entered into Non-Prosecution Agreement with Department of Justice
  • Tenaris entered into Deferred Prosecution Agreement with SEC
  • Tenaris Uzbekistan Bribes occurred in 2011
  • Tenaris failed to implement Sufficient Internal Accounting Controls
  • Tenaris consented to SEC Order
  • Tenaris agreed to comply with Two-Year Remedial Undertakings
PDF (from attached: pdf)
Text layers
Extracted body text (2,504c)
The Securities and Exchange Commission today announced that Tenaris, a Luxembourg-based global manufacturer and supplier of steel pipe products, will pay more than $78 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) in connection with a bribery scheme involving its Brazilian subsidiary. According to the SEC’s order, the resolution with Tenaris is the result of an alleged bribe scheme involving agents and employees of its Brazilian subsidiary to obtain and retain business from the Brazil state-owned entity Petrobras. Specifically, the order finds that between 2008 and 2013, approximately $10.4 million in bribes was paid to a Brazilian government official in connection with the bidding process at Petrobras. The bribes were funded on behalf of Tenaris’ Brazilian subsidiary by companies affiliated with Tenaris’ controlling shareholder. "Tenaris failed for many years to implement sufficient internal accounting controls throughout its business operations despite known corruptions risks," said Charles Cain, Chief of the SEC Enforcement Division’s FCPA Unit. "This failure created the environment in which bribes were facilitated through a constellation of companies associated with its controlling shareholder." This is not the first time Tenaris has been involved in a corruption scheme. In 2011, the company entered into a Non-Prosecution Agreement with the Department of Justice and a Deferred Prosecution Agreement with the SEC as a result of alleged bribes the company paid to obtain business from a state-owned entity in Uzbekistan. Tenaris consented to the SEC’s order without admitting or denying the findings that it violated the anti-bribery, books and records, and internal accounting controls provisions of the Securities Exchange Act of 1934 and agreed to pay more than $78 million in combined disgorgement, prejudgment interest, and civil penalties. The company also agreed to comply with undertakings for a two-year period related to its ongoing remedial efforts. The SEC’s investigation was conducted by Jennifer Moore, Steven A. Susswein and Maria F. Boodoo of the FCPA Unit , with assistance from Timothy Halloran of the Trial Unit. It was supervised by Tracy L. Price, Deputy Chief of the SEC Enforcement Division’s FCPA Unit. The SEC appreciates the assistance of the Superintendencia del Mercado de Valores (SMV) in Panama, the Brazilian Federal Prosecution Service, and the Procura della Repubblica presso il Tribunale di Milano, Italy.
OCR text (2,504c · html-text · 99% conf)
The Securities and Exchange Commission today announced that Tenaris, a Luxembourg-based global manufacturer and supplier of steel pipe products, will pay more than $78 million to resolve charges that it violated the Foreign Corrupt Practices Act (FCPA) in connection with a bribery scheme involving its Brazilian subsidiary. According to the SEC’s order, the resolution with Tenaris is the result of an alleged bribe scheme involving agents and employees of its Brazilian subsidiary to obtain and retain business from the Brazil state-owned entity Petrobras. Specifically, the order finds that between 2008 and 2013, approximately $10.4 million in bribes was paid to a Brazilian government official in connection with the bidding process at Petrobras. The bribes were funded on behalf of Tenaris’ Brazilian subsidiary by companies affiliated with Tenaris’ controlling shareholder. "Tenaris failed for many years to implement sufficient internal accounting controls throughout its business operations despite known corruptions risks," said Charles Cain, Chief of the SEC Enforcement Division’s FCPA Unit. "This failure created the environment in which bribes were facilitated through a constellation of companies associated with its controlling shareholder." This is not the first time Tenaris has been involved in a corruption scheme. In 2011, the company entered into a Non-Prosecution Agreement with the Department of Justice and a Deferred Prosecution Agreement with the SEC as a result of alleged bribes the company paid to obtain business from a state-owned entity in Uzbekistan. Tenaris consented to the SEC’s order without admitting or denying the findings that it violated the anti-bribery, books and records, and internal accounting controls provisions of the Securities Exchange Act of 1934 and agreed to pay more than $78 million in combined disgorgement, prejudgment interest, and civil penalties. The company also agreed to comply with undertakings for a two-year period related to its ongoing remedial efforts. The SEC’s investigation was conducted by Jennifer Moore, Steven A. Susswein and Maria F. Boodoo of the FCPA Unit , with assistance from Timothy Halloran of the Trial Unit. It was supervised by Tracy L. Price, Deputy Chief of the SEC Enforcement Division’s FCPA Unit. The SEC appreciates the assistance of the Superintendencia del Mercado de Valores (SMV) in Panama, the Brazilian Federal Prosecution Service, and the Procura della Repubblica presso il Tribunale di Milano, Italy.