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DOJ charges former Alstom and Marubeni execs with FCPA offenses

The DOJ unsealed an indictment Tuesday against two former executives of Alstom S.A. and a former executive of the Japanese trading company Marubeni Corporation, for allegedly bribing the head of the state-owned power company in Indonesia and members of parliament there.

The three defendants were all charged with substantive violations of the Foreign Corrupt Practices Act, as well as FCPA conspiracy and money-laundering related counts.

Reza Moenaf, 63, was formerly the president of Alstom’s subsidiary in Indonesia.

Eko Sulianto, 63, was the director of sales of Alstom’s subsidiary in Indonesia.

And Junji Kusunoki, 57, was the deputy general manager of Marubeni’s overseas power project department.

The DOJ said they allegedly retained two consultants in 2003 to bribe the Indonesian officials. The bribes helped an Alstom subsidiary based in Connecticut win a $118 million contract for the Tarahan power project.

Five other individuals, including three former Alstom executives, have already pleaded guilty in the case.

And in November last year, a federal jury in Connecticut convicted Lawrence Hoskins, 69, a former senior vice president at Paris-based Alstom, for his role in the Indonesia bribery.

The DOJ indicted Hoskins in 2013. The jury convicted him on six counts of violating the FCPA, three counts of money laundering, and two counts of conspiracy.

Alstom SA pleaded guilty in December 2014 to violating the Foreign Corrupt Practices Act by bribing officials in Indonesia, Saudi Arabia, Egypt, and the Bahamas. The company paid $772 million in criminal penalties to settle the charges.

After the company’s FCPA resolution, General Electric bought Alstom’s power business in 2015.

Alstom’s consortium partner in Indonesia, Marubeni, pleaded guilty in 2014 to one count of conspiracy to violate the FCPA and seven substantive FCPA offenses. It paid a criminal penalty of $88 million to resolve the offenses.

In the indictment unsealed Tuesday, all three defendants were charged with conspiracy to violate the Foreign Corrupt Practices Act and conspiracy to commit money laundering.

Marubeni’s Kusunoki was also charged with six counts of violating the FCPA and four counts of money laundering.

Sulianto and Moenaf were each also charged with two counts of violating the FCPA and one count of money laundering.

The DOJ said one of the two consultants working for Alstom and Marubeni “allegedly received hundreds of thousands of dollars in his Maryland bank account.” The consultant “then allegedly transferred the bribe money to a bank account in Indonesia for the benefit of” a member of the Indonesia parliament.

The DOJ said Tuesday it received “significant cooperation” from law enforcement colleagues in Indonesia and Switzerland, and from authorities in the United Kingdom, France, Germany, Italy, Singapore, and Taiwan.

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