Anti-Bribery and Anti-Corruption

Anti-Bribery and Anti-Corruption

• Advised an indigenous company on the legitimate means on providing support and benefits to its host community. This involved advising the company in executing its social development program further to its corporate social responsibility policies without breaching the provisions of Nigerian anti-graft laws.

• Advised a Nigerian company on the legitimate means on contributing to the community development programs in the host community of its oil service operations in accordance with applicable Nigerian anti-graft laws.

• Advised a foreign company on the Nigerian anti-graft laws and legal risks in transacting with politically exposed persons under Nigerian laws.

• Advised a local company and its foreign parent company, on investigations by the United States of America Department of Justice and the Securities and Exchange Commission into violations of the Foreign Corrupt Practices Act by the local company in relation to illegal and unlawful payments to Nigerian Customs Officers in respect of Temporary Importation Permits for its jack up drilling rigs. Supervised retrieval, hiving and transmittal of relevant documents to the United States of America.

• Represented the foreign parent company and its local subsidiary in the investigation conducted by the Nigerian Government through the Economic and Financial Crimes Commission(“EFCC) and in subsequent settlement discussions with the Nigerian Government and its Attorney General and Minister of Justice resulting in the drafting of a Non-Prosecution Agreement and payment of fine.

• Also represented the company in discussions with the Nigerian Customs Service and Ministry of Finance with a view to closure of the matter.

• Advised a Nigerian incorporated company, a subsidiary of a United States Headquartered Hercules Company, in investigations by the EFCC (at the instance of the United States Department of Justice and Securities and Exchange Commission) into alleged unlawful and illegal payments to Nigerian Government officials through the local company’s Shipping Agent. Represented the local company in discussions with the EFCC until the issuance of a clean bill of health to the company.

• Representing a South African company in an EFCC investigation alleging capital market fraud, conspiracy to defraud and insider trading in its Nigerian business.

• Represented a Nigerian company, in investigations by the EFCC and other government regulatory agencies alleging fraud, evasion of taxes and other offences.

• We provided legal guidance to a Nigerian terminal operator on anti-corruption matters. We advised on the company’s compliance programme which required it to eliminate all forms of facilitation payments which included small value payments to low level public officials for the facilitation or expedition of routine tasks which such persons must perform as part of his/her job.

• We extensively reviewed and advised on the specific provisions of Nigerian legislation which prohibits this sort of payment to officials in the private and public sector in Nigeria. The legislation reviewed included Schedule 5 of the Constitution of the Federal Republic of Nigeria, 1999 which contains a Code of Conduct for Public Officers, the Corrupt Practices and other Related Offences Act 2000 and the Criminal Code.

• We conducted a reputational and regulatory due diligence on the promoters of a Nigerian financial services company on behalf of a South Africa financial services company intent on investing in the Nigerian company. Our assignment involved checking records at the Corporate Affairs Commission and other regulatory bodies and agencies as we sought to establish any criminal or fraudulent allegations against the promoters.

• We conducted a reputational and regulatory due diligence on the promoters of a Nigerian financial services company on behalf of a Dutch company intent on investing in the Nigerian company. Our assignment involved checking records at the Corporate Affairs Commission and other regulatory bodies and agencies as we sought to establish any criminal or fraudulent allegations against the promoters.

• We conducted a reputational and regulatory due diligence on the promoters of a Nigerian telecommunications services company on behalf of a South African company intent on investing in the Nigerian company. Our assignment involved checking records at the Corporate Affairs Commission and other regulatory bodies and agencies as we sought to establish any criminal or fraudulent allegations against the promoters.

• We conducted a reputational and public perception due diligence on the promoters of a Nigerian fertiliser company on behalf of a South African company intent on investing in the Nigerian company. Our assignment involved checking records at the Corporate Affairs Commission and other regulatory bodies and agencies as we sought to establish any criminal or fraudulent allegations against the promoters.

• We conducted FCPA due diligence on the principal officers of a major Nigerian Bank, on behalf of a consortium of investors including international investment companies. Our assignment involved conducting interviews of the principal officers of the company, checking records at the Corporate Affairs Commission and other regulatory bodies and agencies as we sought to establish any criminal or fraudulent allegations against the promoters.

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