July 15, 2021

NY federal court dismisses FCPA charges, ending DPA with Singaporean offshore ship builder

On June 23, 2021, the US District Court for the Eastern District of New York dismissed with prejudice the Information filed against Keppel Offshore and Marine Ltd. (KOM), a Singaporean ship design and construction conglomerate, marking the end of its three-year deferred prosecution agreement with the US Department of Justice.  The information had charged KOM with conspiracy to violate the anti-bribery provisions of the FCPA.  As described in the Government’s Unopposed Motion to Dismiss Information, KOM complied with all of its obligations under the DPA, including timely payment of its $422 million criminal monetary penalty, full cooperation with the DOJ’s investigation, and the successful implementation of an enhanced compliance program and procedures.  

In 2017, KOM and a US subsidiary reached a $422 million global settlement with authorities in the US, Singapore and Brazil to resolve allegations that the company paid about $55 million in bribes to officials in Brazil to win 13 contracts with Brazilian state-owned oil company Petróleo Brasileiro SA (Petrobras) and another Brazilian entity.  KOM USA and KOM’s former Director of Legal Jeffery Chow each pleaded guilty to one count of conspiracy to violate the anti-bribery provisions of the FCPA.  In 2019, Chow was sentenced to one year of probation and ordered to pay a $75,000 fine for his role in the multi-year bribery scheme.  

Government’s Unopposed Motion to Dismiss Information | DOJ Press Release (2017) | KOM DPA | KOM Information | KOM USA Information | KOM Plea Agreement