Tenaris to Pay $5.4 Million in SEC's First-Ever Deferred Prosecution Agreement
Tenaris S.A., a Luxembourg-based steel pipe manufacturer, paid $5.4 million in disgorgement and prejudgment interest to the SEC and a $3.5 million criminal penalty to the DOJ after self-reporting FCPA violations involving bribes to Uzbekistan officials to secure pipeline contracts, earning the SEC’s first-ever Deferred Prosecution Agreement for its cooperation and remediation.
Tenaris S.A. violated the Foreign Corrupt Practices Act by bribing Uzbekistan government officials to obtain confidential competitor bids during a 2006–2007 pipeline contract bidding process, resulting in nearly $5 million in illicit profits. To resolve the matter, Tenaris entered into a Deferred Prosecution Agreement with the SEC, paying $5.4 million in disgorgement and prejudgment interest, and a separate Non-Prosecution Agreement with the Department of Justice, paying a $3.5 million criminal penalty. The SEC credited Tenaris for its voluntary self-reporting, thorough internal investigation, full cooperation, and significant enhancements to its anti-corruption policies, training, and compliance controls.
Tenaris S.A., a Luxembourg-based steel pipe manufacturer listed on the New York Stock Exchange, violated the Foreign Corrupt Practices Act by bribing Uzbekistan government officials during a 2006–2007 bidding process to secure confidential competitor bids and win lucrative pipeline contracts, generating nearly $5 million in illicit profits. In a landmark enforcement action, the SEC entered into its first-ever Deferred Prosecution Agreement (DPA) with Tenaris, requiring the company to pay $5.4 million in disgorgement and prejudgment interest while avoiding civil prosecution, contingent on compliance with enhanced anti-corruption measures. Separately, the Department of Justice entered into a Non-Prosecution Agreement with Tenaris, imposing a $3.5 million criminal penalty. The SEC and DOJ credited Tenaris for its prompt self-reporting, comprehensive internal investigation, full cooperation with regulators, and significant remediation efforts—including overhauling its compliance policies, implementing due diligence for agents, mandating FCPA training, and requiring compliance certifications. The SEC’s Enforcement Division emphasized that Tenaris’s proactive accountability and commitment to remediation set a precedent for incentivizing corporate integrity and cooperation in FCPA investigations. The investigation was led by the SEC’s FCPA Unit with support from the DOJ’s Fraud Section and the FBI, and the SEC’s probe remains ongoing. Tenaris’s case established a new model for resolving corporate misconduct through structured cooperation and remediation rather than litigation.
Exhibits & Attached Documents (1)
Extracted insights
- $5.40M $5.4 Million $1M–$10M
- $5.40M $5.4 million $1M–$10M
- $5.00M $5 million $1M–$10M
- $3.50M $3.5 million $1M–$10M
- person cheryl scarboro
- agency chief of sec enforcement division fcpa unit
- agency deferred prosecution agreement with sec
- agency director of sec division of enforcement
- person robert khuzami
- agency Securities and Exchange Commission
- person uzbekistan government officials
- agency with sec, justice department, and law enforcement agencies
- Tenaris S.A. entered into Deferred Prosecution Agreement with SEC
- Tenaris S.A. violated Foreign Corrupt Practices Act
- Tenaris S.A. bribed Uzbekistan government officials
- Tenaris S.A. made almost $5 million in profits
- Tenaris S.A. must pay $5.4 million in disgorgement and prejudgment interest
- Tenaris S.A. agreed to pay $3.5 million criminal penalty
- Tenaris S.A. discovered FCPA violations by personnel in Uzbekistan
- Tenaris S.A. informed SEC
- Tenaris S.A. enhanced anti-corruption policies and practices
- Tenaris S.A. agreed to cooperate with SEC, Justice Department, and law enforcement agencies
- Tenaris S.A. is incorporated in Luxembourg
- Tenaris S.A. bid on series of contracts in 2006 and 2007
- Tenaris S.A. was awarded several contracts by Uzbekistan government
- Robert Khuzami is Director of SEC Division of Enforcement
- Cheryl Scarboro is Chief of SEC Enforcement Division FCPA Unit
- SEC entered into first-ever Deferred Prosecution Agreement
Tenaris to Pay $5.4 Million in SEC's First-Ever Deferred Prosecution Agreement FOR IMMEDIATE RELEASE 2011-112 Washington, D.C., May 17, 2011 – The Securities and Exchange Commission today entered into a Deferred Prosecution Agreement (DPA) with Tenaris S.A. in its first-ever use of the approach to facilitate and reward cooperation in SEC investigations. Additional Materials Deferred Prosecution Agreement The agreement with Tenaris involves allegations that the global manufacturer of steel pipe products violated the Foreign Corrupt Practices Act (FCPA) by bribing Uzbekistan government officials during a bidding process to supply pipelines for transporting oil and natural gas. The SEC alleges that Tenaris made almost $5 million in profits when it was subsequently awarded several contracts by the Uzbekistan government. Under the terms of the DPA, Tenaris must pay $5.4 million in disgorgement and prejudgment interest. Tenaris is the first company to enter into a DPA with the SEC, an approach announced last year to encourage individuals and companies to provide information about misconduct and assist with an SEC investigation. When Tenaris conducted a thorough, worldwide internal review of its operations and controls, it discovered FCPA violations by personnel in Uzbekistan and informed the SEC. In response to its findings, Tenaris reviewed its controls and compliance measures and significantly enhanced its anti-corruption policies and practices. Tenaris has agreed to cooperate further with the SEC, Justice Department, and any other law enforcement agency in connection with this case. Tenaris also agreed to pay a $3.5 million criminal penalty in a Non-Prosecution Agreement announced today by the Justice Department. “The Tenaris foreign bribery scheme was unacceptable and unlawful, but the company’s response demonstrated high levels of corporate accountability and cooperation,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “The company’s immediate self-reporting, thorough internal investigation, full cooperation with SEC staff, enhanced anti-corruption procedures, and enhanced training made it an appropriate candidate for the Enforcement Division’s first Deferred Prosecution Agreement. Effective enforcement of the securities laws includes acknowledging and providing credit to those who fully and completely support our investigations and who display an exemplary commitment to compliance, cooperation, and remediation.” Cheryl Scarboro, Chief of the SEC Enforcement Division’s FCPA Unit, added, “Tenaris’s conduct was clearly in violation of the FCPA. The company’s employees bribed government officials in Uzbekistan to obtain government contracts. But when Tenaris discovered the illegal conduct, it took noteworthy steps to address the violations and significantly enhance its anti-corruption policies and practices to remediate weaknesses in its internal controls.” Tenaris is incorporated in Luxembourg and its American Depositary Receipts (TS) are listed on the New York Stock Exchange. According to the DPA, the SEC alleges that Tenaris bid on a series of contracts in 2006 and 2007 and bribed Uzbekistan officials to gain access to confidential bids by competitors. Tenaris used the information to revise its own bids, and as a result was awarded several contracts by the Uzbekistan government. Under the terms of the DPA, the SEC will refrain from prosecuting the company in a civil action for its violations if Tenaris complies with certain undertakings. Among other things, Tenaris has agreed to enhance its policies, procedures, and controls to strengthen compliance with the FCPA and anti-corruption practices. Tenaris will implement due diligence requirements related to the retention and payment of agents, provide detailed training on the FCPA and other anti-corruption laws, require certification of compliance with anti-corruption policies, and notify the SEC of any complaints, charges, or convictions against Tenaris or its employees related to violations of any anti-bribery or securities laws. Tenaris has agreed to continue to fully cooperate with the SEC in its investigation. The SEC’s investigation was conducted by Karen L. Martinez, Assistant Director of the Salt Lake Regional Office, and William B. McKean of the Enforcement Division’s FCPA Unit. The SEC acknowledges the assistance of the Department of Justice’s Fraud Section and the Federal Bureau of Investigation in this case. The SEC’s investigation is continuing. # # # For more information about this enforcement action, contact: Cheryl Scarboro Chief, SEC Enforcement Division’s FCPA Unit 202-551-4403 For general questions about Deferred Prosecution Agreements, contact: Robert Khuzami Director, SEC Division of Enforcement (202) 551-4894 http://www.sec.gov/news/press/2011/2011-112.htm Home | Previous Page Modified: 05/17/2011
Tenaris to Pay $5.4 Million in SEC's First-Ever Deferred Prosecution Agreement FOR IMMEDIATE RELEASE 2011-112 Washington, D.C., May 17, 2011 – The Securities and Exchange Commission today entered into a Deferred Prosecution Agreement (DPA) with Tenaris S.A. in its first-ever use of the approach to facilitate and reward cooperation in SEC investigations. Additional Materials Deferred Prosecution Agreement The agreement with Tenaris involves allegations that the global manufacturer of steel pipe products violated the Foreign Corrupt Practices Act (FCPA) by bribing Uzbekistan government officials during a bidding process to supply pipelines for transporting oil and natural gas. The SEC alleges that Tenaris made almost $5 million in profits when it was subsequently awarded several contracts by the Uzbekistan government. Under the terms of the DPA, Tenaris must pay $5.4 million in disgorgement and prejudgment interest. Tenaris is the first company to enter into a DPA with the SEC, an approach announced last year to encourage individuals and companies to provide information about misconduct and assist with an SEC investigation. When Tenaris conducted a thorough, worldwide internal review of its operations and controls, it discovered FCPA violations by personnel in Uzbekistan and informed the SEC. In response to its findings, Tenaris reviewed its controls and compliance measures and significantly enhanced its anti-corruption policies and practices. Tenaris has agreed to cooperate further with the SEC, Justice Department, and any other law enforcement agency in connection with this case. Tenaris also agreed to pay a $3.5 million criminal penalty in a Non-Prosecution Agreement announced today by the Justice Department. “The Tenaris foreign bribery scheme was unacceptable and unlawful, but the company’s response demonstrated high levels of corporate accountability and cooperation,” said Robert Khuzami, Director of the SEC’s Division of Enforcement. “The company’s immediate self-reporting, thorough internal investigation, full cooperation with SEC staff, enhanced anti-corruption procedures, and enhanced training made it an appropriate candidate for the Enforcement Division’s first Deferred Prosecution Agreement. Effective enforcement of the securities laws includes acknowledging and providing credit to those who fully and completely support our investigations and who display an exemplary commitment to compliance, cooperation, and remediation.” Cheryl Scarboro, Chief of the SEC Enforcement Division’s FCPA Unit, added, “Tenaris’s conduct was clearly in violation of the FCPA. The company’s employees bribed government officials in Uzbekistan to obtain government contracts. But when Tenaris discovered the illegal conduct, it took noteworthy steps to address the violations and significantly enhance its anti-corruption policies and practices to remediate weaknesses in its internal controls.” Tenaris is incorporated in Luxembourg and its American Depositary Receipts (TS) are listed on the New York Stock Exchange. According to the DPA, the SEC alleges that Tenaris bid on a series of contracts in 2006 and 2007 and bribed Uzbekistan officials to gain access to confidential bids by competitors. Tenaris used the information to revise its own bids, and as a result was awarded several contracts by the Uzbekistan government. Under the terms of the DPA, the SEC will refrain from prosecuting the company in a civil action for its violations if Tenaris complies with certain undertakings. Among other things, Tenaris has agreed to enhance its policies, procedures, and controls to strengthen compliance with the FCPA and anti-corruption practices. Tenaris will implement due diligence requirements related to the retention and payment of agents, provide detailed training on the FCPA and other anti-corruption laws, require certification of compliance with anti-corruption policies, and notify the SEC of any complaints, charges, or convictions against Tenaris or its employees related to violations of any anti-bribery or securities laws. Tenaris has agreed to continue to fully cooperate with the SEC in its investigation. The SEC’s investigation was conducted by Karen L. Martinez, Assistant Director of the Salt Lake Regional Office, and William B. McKean of the Enforcement Division’s FCPA Unit. The SEC acknowledges the assistance of the Department of Justice’s Fraud Section and the Federal Bureau of Investigation in this case. The SEC’s investigation is continuing. # # # For more information about this enforcement action, contact: Cheryl Scarboro Chief, SEC Enforcement Division’s FCPA Unit 202-551-4403 For general questions about Deferred Prosecution Agreements, contact: Robert Khuzami Director, SEC Division of Enforcement (202) 551-4894 http://www.sec.gov/news/press/2011/2011-112.htm Home | Previous Page Modified: 05/17/2011