Relatedly, on November 3, 2020, the DOJ filed a second amendment to Sculptor’s DPA. The first amendment had extended the DPA until the resolution of OZ Africa’s sentencing. The amendment filed on November 3 modified the DPA so that it would terminate once three conditions were met: (1) the Court entered a final judgement in the OZ Africa matter; (2) OZ Africa fully paid the restitution; and (3) the funds that Sculptor paid into a suspense account under the 2016 DPA were released to the US Treasury.
Sculptor and OZ Africa had previously acknowledged paying millions of dollars in bribes to DRC and Libyan government officials from about 2005 to 2015 in order to obtain lucrative investment opportunities in both countries, including an interest in the Kalukundi mine in the DRC. Sculptor entered into a DPA related to charges of conspiracy to violate the anti-bribery provisions of the FCPA, falsifying its books and records, and failing to implement adequate internal controls. As discussed above, OZ Africa pled guilty to one count of conspiracy. In resolving the DOJ and Securities and Exchange Commission investigations, Och-Ziff previously agreed to pay about $412 million in civil and criminal penalties aside from the restitution later ordered by the court.
Sculptor Form 10 Q | OZ Africa Judgment | OZ Africa Order | Och-Ziff DPA Amendment Letter | DOJ Press Release 2016