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Paris oil, gas firm to pay nearly $400M to resolve U.S. bribery probe

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A Paris-based oil and gas company has agreed to pay $398.2 million in connection with charges it made illegal payments via third parties to an Iranian government official to obtain valuable oil and gas concessions.

Total S.A., which trades on the New York Stock Exchange, will pay a $245.2 million penalty to resolve charges related to violations of the Foreign Corrupt Practices Act, the Department of Justice and Securities and Exchange Commission said Wednesday.

As part of the agreed resolution, the Justice Department charged Total in federal court in Alexandria, Va., with one count each of conspiracy to violate the FCPA's anti-bribery violations, violating its internal controls provision, and violating its books and records provision.

The company also agreed to retain an independent corporate compliance monitor for three years as well as continue implementing an enhanced compliance program and internal controls to prevent and detect FCPA violations.

Between 1995 and 2004, at the direction of the Iranian official, Total paid $60 million in bribes to induce him to use his influence in connection to obtain and retain lucrative oil rights in Iranian oil and gas fields. The Justice Department said Total mischaracterized the unlawful payments as “business development expenses” when they were, in fact, bribes.

The Justice Department said French enforcement authorities also have requested that Total, Chairman and CEO Christophe de Margerie and two other individuals be referred to the French criminal court for violations of French law, including its foreign bribery law.

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Assistant Attorney General Mythili Raman said this is the first coordinated action by French and U.S. law enforcement in a major foreign bribery case.

“Our two countries are working more closely today than ever before to combat corporate corruption, and Total, which bought business through bribes, now faces the criminal consequences across two continents,” she said.

Separately, the SEC entered into a cease-and-desist order in which Total agreed to disgorge $153 million in illicit profits.

“Total used illicit payments to win business in Iran, and reaped substantial financial benefits as a result. Total must now pay back all of its profits from the company’s corrupt conduct and additionally pay criminal penalties on top of that,” Andrew M. Calamari, director of the SEC’s New York regional office, said in a statement,

Total Chief Financial Officer Patrick de La Chevardiere said the settlement allows the company to end the investigation.

“We look forward to continuing our work and in demonstrating our strong commitment to ensuring ethical and legal compliance with the laws around the world,” he said in a statement

“The French investigation that started in 2006 has reached the stage of resolution. Total reaffirms that it has not committed any offense under applicable French law,” the company said.

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