Switzerland accuses former Angolan politician and two former Trafigura directors of corruption

The Swiss Attorney General’s Office (PG) has charged a former Angolan politician and two former directors of Swiss intermediary company Trafigura with corruption in an unprecedented case to prosecute a Swiss company for attempting to corrupt foreign politicians.

“The former Angolan official is accused of receiving bribes of more than 4.3 million euros and 604 thousand dollars from the Trafigura group between April 2009 and October 2011 in connection with his activities in the Angolan oil industry,” the indictment says. , published on the Swiss PG website, which does not mention the names of those involved in this incident.

In addition to this charge, “a former intermediary and a former senior administrator of the Trafigura Group are accused of being involved in this corruption scheme,” the note also said, accusing Trafigura BEHHER BV of failing to take steps to stop the corruption scheme. these payments.

“For the first time, the Federal Criminal Court is called upon to consider the issue of a company’s criminal liability for bribery of foreign officials,” the note also emphasizes.

Explaining the charges, the DPP states that it began an investigation against unknown persons in July 2020 due to suspicions of foreign corruption and money laundering related to potential corrupt payments to people with public responsibilities in Angola, but explains that ultimately she left the country. withdraw charges of money laundering.

“In August 2021, the investigation was expanded to include the first person involved, the former CEO [Chief Executive Officer, no original em inglês] and an executive member of Sonangol Distribuidora, a subsidiary of the Angolan oil company Sociedade Nacional de Combustíveis de Angola (Sonangol), due to allegations of corruption by foreign authorities,” the note said.

Then, between January and March 2023, “the criminal investigation was expanded again to include a second defendant, a former intermediary for the Trafigura group in Angola, and a third defendant, a former executive director of operations.” [Chief Operating Officer, no original em inglês] and a member of the board of directors of Trafigura BEHEER, both on suspicion of corruption by foreign authorities, and Trafigura BEHEER on suspicion of corruption by foreign authorities.”

In the indictment, Swiss judiciary alleges that a corruption scheme involving Trafigura in Angola may have benefited the Swiss company by $143.7 million as it improperly won cargo and ship supply contracts between June 2009 and July 2010.

During the period covered by the indictment, Sonangol’s president was Manuel Vicente and Trafigura’s chief operating officer was Mike Wainwright.

“In exchange for undue advantage, the Angolan government official will protect the interests of the Trafigura Group by allowing the development of cargo and sea supply activities between the Trafigura Group and Sonangol Distribuidora, namely the celebration, between June 2009 and July 2010. eight contracts for the charter of vessels and one contract for the supply of vessels,” the indictment says.

According to the Swiss authorities, “the first defendant [antigo CEO da Sonangol Distribuidora] between April 2009 and October 2011, as an Angolan public servant, received undue benefits from the Trafigura Group in the form of bank transfers totaling €4,346,176.60 made to a bank account in Geneva, cash payments totaling $604 thousand – in Angola, as well as payment of hotel and meal expenses totaling CHF 797.25 in connection with the stay in Geneva,” which constituted, the indictment alleges, “a passive bribe to foreign government officials.”

The second defendant, “acting through an offshore company as an intermediary for the Trafigura Group, of which he is a former employee, provided, between August 2009 and October 2011, part of the above-mentioned undue benefits to an Angolan public servant in the form of bank transfers totaling 3,991 315 euros into a bank account in Geneva and cash payments totaling $604,000 in Angola,” which constituted “active bribery of foreign officials.”

Finally, the now unsealed indictment alleges that the third defendant, a senior member of the Trafigura group, in addition to providing the above-mentioned benefits, also “provided these undue benefits by omission while he held the position of guarantor in the Trafigura group.” , which “constitutes active bribery of foreign officials.”