Plea Agreement : U.S. v. ABB Middle East & Africa ... - Cartel Digest

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ATTACHMENT AApril 10, 2001Mr. Beat HessSenior Vice PresidentGeneral Counsel and SecretaryABB Ltd.Affolternstrasse 44CH-8050 Zurich, SwitzerlandDear Mr. Hess,This letter confirms that the United States Agency for InternationalDevelopment (“USAID”) has agreed to accept as restitution in the matter of UnitedStates v. ABB MIDDLE EAST & AFRICA PARTICIPATIONS AG, now pending inthe Northern District of Alabama, the provision of services by ABB Middle East &Africa Participations AG and ABB Limited, and the payment to the U.S.Department of Justice, Civil Division, of ten million dollars ($10,000,000), pursuantto 18 U.S.C. § 3663(b)(5).The terms of the services that have been provided, and will continue to beprovided, are as follows:ABB Middle East & Africa Participations AG, and its parent and subsidiaryorganizations, and sister companies will provide full and truthful continuingcooperation to the United States in: the prosecution of this case; the conduct of thecurrent federal investigation into violations of the federal antitrust laws and anyother federal criminal laws in the international construction industry in the ArabRepublic of Egypt and any other federal investigation resulting therefrom; and anylitigation or other proceedings arising or resulting from any such investigation towhich the United States is a party. Such cooperation shall include, but not belimited to:(a) producing to the United States all documents, information, andother materials not privileged under United States law, wherever located, in
the possession, custody, or control of ABB Middle East & AfricaParticipations AG, and its parent and subsidiary organizations as requestedby the United States in connection with any federal investigation ofviolations of the federal antitrust laws and any other violations of criminallaws arising out of the international construction industry in the ArabRepublic of Egypt, any other federal investigation resulting therefrom, andany litigation or other proceedings arising or resulting from any suchinvestigation to which the United States is a party; and(b) using its best efforts to secure the ongoing, full, and truthfulcooperation, as defined in Paragraph 12 of the attached plea agreement, of thecurrent and former directors, officers, or employees of ABB Middle East &Africa Participations AG (ABB MEA), and its parent and subsidiaryorganizations as may be requested by the United States, including makingsuch persons available in the United States and at other mutually agreeduponlocations, at ABB MEA’s expense, for interviews and the provision oftestimony in grand jury, trial, and other judicial proceedings in connectionwith any Federal Proceeding.The ongoing, full, and truthful cooperation of each person described above willbe subject to the requirements outlined in the plea agreement, and shall include, butnot be limited to:(a) producing in the United States and at other mutually agreeduponlocations all documents (including claimed personal documents) andother materials requested by attorneys and agents of the United States,except for documents privileged under United States law;(b) making himself or herself available on reasonable notice forinterviews, not at the expense of the United States, in the United States, andat other mutually agreed-upon locations, upon the request of attorneys andagents of the United States;(c) responding fully and truthfully to all inquiries of the UnitedStates in connection with any Federal Proceeding, without falsely implicatingany person or intentionally withholding any information;(d) otherwise voluntarily providing the United States with anymaterials or information, not requested in Paragraphs (a) and (b) above, thathe or she may have related to any such Federal Proceeding; and(e) when called upon to do so by the United States, testifying in trialand grand jury or other proceedings in the United States, fully,2
Page 1 and 2: IN THE UNITED STATES DISTRICT COURT
Page 3 and 4: FACTUAL BASIS FOR OFFENSE CHARGED4.
Page 5 and 6: (a) $10 million (15 U.S.C. § 1);(b
Page 7 and 8: § 3013(a)(2)(B) and U.S.S.G. § 8E
Page 9 and 10: therefrom, and any litigation or ot
Page 11 and 12: court proceedings (18 U.S.C. § 162
Page 13 and 14: statement or declaration in grand j
Page 15 and 16: officials of any government agency
Page 17: 21. The undersigned, Max Abitbol, t
Page 21: ATTACHMENT BWilliam D. DillonTrial

Plea Agreement : U.S. v. ABB Middle East & Africa ... - Cartel Digest

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