Our offices are being searched by law enforcement officers. Do
not obstruct the search. The officers have a legal right to certain
items and documents related to the warrant.
We are complying with the warrant. You should be cooperative
and assist law enforcement in locating relevant files. However,
please do not "consent" to any search or sign any
documents on behalf of the company.
For example, if an officer asks where documents are located,
feel free to show her. On the other hand, if the officer asks you
how the documents were created or what they mean, you are under no
obligation to answer. Merely show the officer the documents without
Please refrain from using social media (Twitter, Facebook,
etc.) to disseminate any information about law enforcement's
presence at our Company.
Any questions from the press should be immediately referred to
[ ]. Do not make any statement other than "Please call [ ]
about this matter."
Law enforcement officers may ask you to answer their questions.
It is your choice whether to submit to an interview. You are under
no legal obligation to do so; but if you choose to respond, the
Company's lawyers have a right and have requested to be present
at any interview with a company employee.
If you do grant an interview to the investigating officers,
anything you say can be used against you in a criminal prosecution
or in a civil enforcement proceeding. If you decide to be
interviewed please inform the agents of the company's request
for its lawyers to be present.
Under what courts call the "crime-fraud exception" to the attorney-client privilege, the privilege does not protect communications between clients and their lawyers which further client wrongdoing. Courts agree that the exception applies to crimes and traditional common law intentional fraud.
Two days ago the United States Securities and Exchange Commission charged oil field services company Weatherford International with violating the Foreign Corrupt Practices Act by authorising bribes and improper travel and entertainment for foreign officials in the Middle East and Africa to win business including kickbacks in Iraq to obtain United Nations oil-for-food contracts.
The U.S. Court of Appeals for the District of Columbia perpetuated a circuit split in United States v. Glover in suppressing wiretap evidence. In Glover, the prosecutors obtained a wiretap order from a district judge in D.C. for a listening device on a truck in Maryland.
Regulators speaking at the American Conference Institute’s 30th International Conference on the Foreign Corrupt Practices Act tout large penalties, enhanced international cooperation, and a renewed focus on individual prosecutions.
On November 26, 2013, Weatherford International ("Weatherford" or "the Company"), an oil-field services company that trades on the New York Stock Exchange, agreed to pay $253 million in criminal and civil penalties as part of a global settlement with the U.S. government to resolve claims that the Company and its subsidiaries violated the Foreign Corrupt Practices Act ("FCPA") and various export control and sanctions laws.