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SBM Offshore deferred prosecution agreement and SBM USA guilty plea over bribes in five countries (2017)

Last checked: 22 October 2026 · Case records

In November 2017 the U.S. Department of Justice said SBM Offshore N.V. entered a deferred prosecution agreement and its US subsidiary SBM Offshore USA Inc. pleaded guilty to conspiracy to violate the Foreign Corrupt Practices Act 1. The total criminal penalty was US$238 million 1. DOJ said, according to the companies' admissions, SBM paid more than US$180 million in commissions to intermediaries knowing part would bribe officials in Brazil, Angola, Equatorial Guinea, Kazakhstan and Iraq 1,2. SBM said the DPA term is three years 3.
Resolution type
Deferred prosecution agreement for SBM Offshore N.V. and a guilty plea and sentence for SBM Offshore USA Inc. 1,2
Date
DOJ Office of Public Affairs release dated 29 November 2017 1. The Southern District of Texas release and the company statement are dated 30 November 2017 2,3
Agencies
DOJ Criminal Division Fraud Section and the U.S. Attorney's Office for the Southern District of Texas 1,2
Court and judge
Southern District of Texas, U.S. District Judge David Hittner 1,2
Charges
Conspiracy to violate the anti-bribery provisions of the FCPA, one count against each company 1,2
Total amount
US$238 million criminal penalty, including a US$500,000 criminal fine and US$13.2 million criminal forfeiture paid by SBM on behalf of SBM USA 1,2
Credits
DOJ credited payments to the Dutch Openbaar Ministerie and penalties likely to be paid to Brazil's Ministério Público Federal. The releases give no credit amounts 1,2
Admission
DOJ describes the conduct "according to the companies' admissions and court documents" 2
Status
Three-year DPA term and no independent compliance monitor, according to the company statement 3

The DOJ resolution

DOJ said SBM Offshore N.V., based in the Netherlands, entered a deferred prosecution agreement in connection with a criminal information filed in the Southern District of Texas charging conspiracy to violate the FCPA anti-bribery provisions 1. Its wholly owned subsidiary SBM Offshore USA Inc. pleaded guilty to a one-count information on the same charge and was sentenced by Judge David Hittner 1,2.

The total criminal penalty was US$238 million 1. It includes a US$500,000 criminal fine and US$13.2 million in criminal forfeiture, which SBM paid on behalf of SBM USA 2. The releases do not itemise the rest of the figure 1,2.

DOJ said SBM received a 25 percent reduction off the bottom of the Sentencing Guidelines range 2. It said SBM brought the conduct to the attention of DOJ and Dutch authorities but did not give complete disclosure for about one year 1. DOJ said it considered SBM's inability to pay a fine 1,2.

The DOJ releases do not state the DPA term 1,2. Company statement: SBM said the term is three years, the charges will be dismissed if it meets the conditions, and DOJ decided an independent compliance monitor was not needed 3. This page has not confirmed from an official source how the DPA ended.

Conduct described by DOJ

DOJ said that, according to the companies' admissions and court documents, from at least 1996 until at least 2012 SBM paid more than US$180 million in commissions to intermediaries 2. DOJ said SBM knew part of those commissions would be used to bribe officials in Brazil, Angola, Equatorial Guinea, Kazakhstan and Iraq to win business with state-owned oil companies 1,2.

DOJ said SBM gained at least US$2.8 billion from projects it obtained from those state-owned oil companies 1,2. The DOJ releases refer to "state-owned oil companies" and do not name them 2.

Brazil, Angola and Equatorial Guinea

The DOJ releases group the five countries together and do not set out separate amounts for Brazil, Angola or Equatorial Guinea 1,2. They name Brazil's Ministério Público Federal as an authority whose likely penalties DOJ credited 1. This page has not confirmed the terms of any Brazilian, Angolan or Equatoguinean proceeding from an official source in those countries.

Dutch settlement and worldwide total

DOJ said SBM resolved a Dutch investigation in 2014 by paying US$200 million in disgorged profits and a US$40 million fine to the Openbaar Ministerie 1,2. DOJ said combined worldwide criminal penalties are more than US$475 million 1,2. This page does not cite the Dutch settlement document itself.

Individuals

DOJ said Anthony Mace, a former SBM chief executive and former SBM USA board member, pleaded guilty on 9 November 2017 to one count of conspiracy to violate the FCPA 1,2. It said Robert Zubiate, a former SBM USA executive, pleaded guilty on 6 November 2017 to the same charge 1,2. Both were awaiting sentencing at the time of the releases 1. On 28 September 2018 DOJ said Mace was sentenced to 36 months in prison and a US$150,000 fine, and Zubiate to 30 months in prison and a US$50,000 fine 4.

Common questions

Did SBM Offshore plead guilty?

The parent, SBM Offshore N.V., entered a deferred prosecution agreement 1. Its US subsidiary SBM Offshore USA Inc. pleaded guilty and was sentenced 1,2.

Did SBM admit wrongdoing?

DOJ describes the bribery conduct "according to the companies' admissions and court documents" 2.

How much did SBM pay in the US?

A US$238 million criminal penalty, including a US$500,000 fine and US$13.2 million forfeiture 1,2. Company statement: payment was due within ten business days 3.

Was there a monitor?

Company statement: DOJ decided an independent compliance monitor was not needed 3. The DOJ releases do not mention a monitor 1,2.

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Sources

  1. U.S. Department of Justice, Office of Public Affairs: SBM Offshore N.V. and United States-Based Subsidiary Resolve Foreign Corrupt Practices Act Case Involving Bribes in Five Countries, release 17-1348 (29 November 2017)
  2. U.S. Attorney's Office, Southern District of Texas: SBM Offshore N.V. and US-Based Subsidiary Resolve Foreign Corrupt Practices Act Case Involving Bribes in Five Countries (30 November 2017)
  3. SBM Offshore, company statement: SBM Offshore Reaches Resolution with the U.S. Department of Justice (30 November 2017)
  4. U.S. Department of Justice, Office of Public Affairs: Oil Services CEO and Executive Sentenced to Prison for Roles in Foreign Bribery Scheme (28 September 2018)

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