Switzerland court convicts Trafigura and former executive for bribing Angola official News
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Switzerland court convicts Trafigura and former executive for bribing Angola official

The Swiss Federal Criminal Court convicted four defendants, oil company Trafigura, its former executive and co-conspirers, for bribing an Angolan public official to obtain trade contracts on Friday.

The trial level judgement, delivered by judges David Bouverat, Stephan Zenger, and Maric Demont found three of the defendants guilty of bribery, under article 322 of the Swiss Criminal Code. The sentences ranged from 24 to 32 months in prison, with significant portions of their prison sentences suspended. The oil company executive received a partially suspended sentence of 32 months imprisonment. 20 months were suspended, requiring 12 months in prison. The fourth defendant, the oil corporation, was found criminally responsible for bribery under article 102, and fined USD $3.3 million.

The judges found that the oil company executive had “intentionally ordered and organized the payment of the [bribes]” to an Angolan public official, between April 2009 and October 2011. The total bribes given was nearly USD $5 million cash. In return, the Angolan public official facilitated agreements between the oil company and an Angolan state-owned company to secure 9 shipping and bunker contracts worth an alleged USD $145 million.

The guilty parties facilitated their bribes through a network of intermediary payments. The oil company and its subsidiaries would transfer funds to two third party companies, owned by two of the unnamed defendants. These third party companies would then transfer the funds to an offshore account held by the public official, or give the funds directly to the public official.

Additionally, the judges held the oil company liable for having insufficient policies and practices in place to prevent bribery from occurring. On top of the USD $3.3 million fine, the court established a compensation claim of USD $145 million against the oil company, requiring it to set that money aside for a potential future compensation claim from the Swiss government.

This decision comes from the Swiss Federal Criminal Court’s Criminal Chamber, the court of first instance for a federal corruption case. If appealed, the Swiss Federal Criminal Court’s Higher Appeals Chamber will hear and decide the appeal. Should the appellate decision be further appealed, Switzerland’s highest court, the Federal Supreme Court, could also grant leave to hear the case.

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