PREMIUM TIMES EXCLUSIVE: Inside details of how Glencore employees bribed Nigerian officials over NNPC oil contracts

PREMIUM TIMES EXCLUSIVE: Inside details of how Glencore employees bribed Nigerian officials over NNPC oil contracts

Details have emerged of how a former United Kingdom-based trader for Glencore Plc, Anthony Stimler, bribed officials in Nigeria in exchange for favourable contracts from the Nigerian National Petroleum Corporation, NNPC.

Court documents obtained exclusively by PREMIUM TIMES show that Mr Stimler, acting through subsidiaries of Glencore, conspired with others to make millions of U.S. dollars in corrupt bribe payments to officials in Nigeria.

The former trader pleaded guilty over what prosecutors in the United States described as his role in a scheme to bribe.

A Bloomberg report said that Mr Stimler admitted to conspiring to violate the Foreign Corrupt Practices Act and commit money laundering at a hearing in Manhattan federal court conducted by video.

Prosecutors said millions of dollars in bribes were paid to officials in Nigeria, in exchange for NNPC awarding oil contracts and providing “more lucrative grades of oil on more favorable delivery terms.”

Bribery Scheme

Prosecutors alleged that in Nigeria, in exchange for the bribes, officials caused the Nigerian state-owned and state-controlled oil company (NNPC) to award oil contracts and to provide more lucrative grades of oil on more favorable delivery terms to Glencore, two wholly-owned subsidiaries of the company, and their business partners.

Aside conspiring with others to make millions of U.S. dollars in corrupt bribe payments to officials in Nigeria and elsewhere, prosecutors added that Mr Stimler conspired to obtain and retain business for and to direct business to Glencore and its subsidiaries.

Details showed that in furtherance of, and to promote the corrupt bribery scheme, Mr Stimler and others conspired to transmit the bribe payments from Switzerland to and through the United States, and from the United States to other countries, particularly Nigeria.

Prosecutors alleged that the manner and means by which Mr Stimler and his co-conspirators sought to accomplish the purpose of the conspiracy included, among others, using and paying inflated and fraudulent invoices submitted to the company and its subsidiaries by intermediaries to disguise the nature and purpose of bribe payments made to government officials, which payments were made in order to obtain and retain business and to obtain business advantages for Glencore and its subsidiaries.

Co-conspirators

Although the court papers did not name the co-conspirators, and none of them was charged, it referred to seven of such individuals and companies from several countries in the bribery scheme, which prosecutors said ran from 2007 to 2018.

One of the parties listed in the alleged scheme was tagged “Intermediary Company 1”, a Nigerian company used by Glencore and its subsidiaries to allegedly pay bribes to Nigerian officials in order to obtain Nigeria oil cargoes from NNPC. The intermediary company contracted directly with Glencore from in or around 2007 until in or around 2011, and with one of its subsidiaries from in or around 2011 until in or around 2014.

The second “Intermediary Company” was a Cyprus-incorporated entity used by the subsidiaries to pay bribes to Nigerian officials in order to obtain Nigeria oil cargoes from NNPC. This other intermediary company is said to have an affiliated company incorporated in the British Virgin Islands which used the same name as the Cypriot company.

The first alleged individual co-conspirator referenced in the court papers was a Nigerian and U.K. citizen and a resident of Nigeria and the United Kingdom. He is said to be the owner and principal employee of the first intermediary company.

The second co-conspirator was a United Kingdom citizen and resident, a trader at one of the subsidiaries from in or around March 1993 until in or around December 2009, and a consultant from in or around January 2010 until in or around December 2012 and again from in or around April 2015 until in or around March 2017. He also acted on behalf of the company in procuring crude oil from Nigeria.

The third co-conspirator was a United Kingdom citizen and resident, and a trader at the second subsidiary from in or around July 2011 until in or around August 2019. The fourth, according to court papers, was a citizen of Mexico and Spain, and a trader at the second subsidiary company of Glencore from in or around July 2009 until in or around October 2012.

The fifth was a United Kingdom citizen and resident, a risk manager at one of the subsidiary companies starting in or around April 2009, and, since in or around 2013. The sixth co-conspirator was a French citizen and resident, and was employed by the British Virgin Islands affiliate of the second intermediary company. The seventh co-conspirator, however, was an Israeli citizen and resident, and was employed by the second intermediary company of Glencore.

Mr Stimler himself is a United Kingdom citizen and resident. He was a trader who worked on the West Africa desk of Glencore from in or around 2002 until in or around 2009 and then again from in or around June 2011 until in or around August 2019. In that role, he had responsibility for crude oil purchases from, among other places, Nigeria, and acted on behalf of Glencore in procuring crude oil from Nigeria.

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