Transport Logistics International, a company that provides services for the transportation of nuclear materials to customers in the United States and abroad, agreed to pay a $2 million criminal penalty in connection with a scheme that involved the bribery of an official at a subsidiary of Russia’s State Atomic Energy Corporation, the Justice Department announced.
TLI entered into a deferred prosecution agreement (DPA) with the Department in connection with a criminal information filed in the District of Maryland charging the company with conspiracy to violate the anti-bribery provisions of the Foreign Corrupt Practices Act (FCPA). In the DPA, TLI and the Department agreed that, because of the company’s financial inability to pay the penalty calculated under the U.S. Sentencing Guidelines, the appropriate criminal penalty is $2 million.
As part of the agreement, TLI also committed to cooperate fully with the Department’s ongoing investigation, and to continue to implement a compliance and ethics program designed to prevent and detect violations of the FCPA and other anti-corruption laws throughout its operations. In reaching the resolution with the Department, TLI received full credit for its substantial cooperation with the Department’s investigation and for engaging in remedial measures, including terminating the employment of all employees engaged in the misconduct.
According to admissions and court documents, beginning in at least 2004 and continuing until at least 2014, TLI conspired with others to corruptly pay more than $1.7 million to offshore bank accounts associated with shell companies, at the direction of, and for the benefit of, Vadim Mikerin, a Russian official at JSC Techsnabexport (TENEX), a subsidiary of Russia’s State Atomic Energy Corporation. The bribe payments were made to help TLI secure improper business advantages and obtain and retain business with TENEX.
In order to effectuate and conceal the bribe payments, TLI executives and others caused fake invoices to be prepared, purportedly from TENEX to TLI, that described services that were never provided. TLI then wired payments for those purported services to shell companies in Latvia, Cyprus, and Switzerland to further the bribery scheme.
Three individuals have been charged for their alleged roles in the bribery scheme. The cases against TLI and Mark Lambert, former co-president of the company. are assigned to U.S. District Court Judge Theodore Chuang of the District of Maryland.