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Because of professional non-disclosure requirements, I can't comment on certain aspects regarding the governmental investigations in Nigeria, France or the U.S., but thought that readers might find some of this additional information helpful.

Halliburton itself publicly acknowledged a bit over a year ago that it is the target of an investigation by the U.S. Securities and Exchange Commission.  Here's the company's press release from June 11, 2004.  The investigation was broadened later last summer and is ongoing.  The most recent Form 10-Q (quarterly report) filed by Halliburton on April 29, 2005, has a lengthy description (see Note 13) of the state of the investigation, which begins:

The Securities and Exchange Commission (SEC) is conducting a formal investigation into payments made in connection with the construction and subsequent expansion by TSKJ of a multibillion dollar natural gas liquefaction complex and related facilities at Bonny Island in Rivers State, Nigeria. The United States Department of Justice is also conducting an investigation. TSKJ is a private limited liability company registered in Madeira, Portugal whose members are Technip SA of France, Snamprogetti Netherlands B.V., which is an affiliate of ENI SpA of Italy, JGC Corporation of Japan, and Kellogg Brown & Root, each of which owns 25% of the venture.

The SEC and the Department of Justice have been reviewing these matters in light of the requirements of the United States Foreign Corrupt Practices Act (FCPA). We have produced documents to the SEC both voluntarily and pursuant to subpoenas, and we are making our employees available to the SEC for testimony. In addition, we understand that the SEC has issued a subpoena to A. Jack Stanley, who most recently served as a consultant and chairman of Kellogg Brown & Root, and to other current and former Kellogg Brown & Root employees. We further understand that the Department of Justice has invoked its authority under a sitting grand jury to obtain letters rogatory for the purpose of obtaining information abroad.

In September 2004, the Nigerian House of Representatives, Petition Committee, released this Interim Report regarding their investigation.

Earlier this week, the Nigerian newspaper This Day (and reprinted in easier-to-read form here) interviewed Halliburton's current Chief Operating Officer and Exec. Vice President, Andrew Lane.

Really I want to talk a little bit about the history. It was Technip of France, MW Kelogg of the UK who got together and formed a consortium in the early 1990s. We met one of the consortium members and made us to understand the project was very complex, it was a grassroot project in Nigeria, Bonny island was not developed like it is today a very big plant that you are adding capacity to the plant. Back to the TSKJ, when the consortium won the contract in the early 1990s, they had to hire a consultant agent Trikestar which was an expert and they signed up a contract which was not abnormal at the time, to pay the agent 2 per cent of the revenue. A consultant agent, at that time was to give advice on Nigeria, open the doors set up meetings, to help you get certain things in Nigeria and that was in 1992 or '94. And at the time there were discussions about the possibility of making payments and that is part of the documentation that we have turned over. We have not found proof that those kinds of payments were made but that payment was considered.

There's a good bit more in the interview on the NLNG bribery issues.  (Without poring over the whole interview, it seems fairly impressive that Lane was willing to talk extensively about the company's involvement in Iraq, even though that's fairly far afield and he didn't say anything that was terribly new, at least to my eyes.)

There's plenty more information out there available on the internet, which can be unearthed with a bit of digging.  There are lots of diligent researchers out there, so why not have at it?

by The Maven on Wed Jun 22nd, 2005 at 05:51:03 PM EST

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