Defendant Name: Total, S.A.

Defendant Type: Public Company
SIC Code: 1311
CUSIP: 89151E10

Initial Case Details

Legal Case Name In the Matter of Total, S.A.
First Document Date 29-May-2013
Initial Filing Format Administrative Action
File Number 3-15338
Allegation Type Foreign Corrupt Practices Act
AAER 3461

Violations Alleged

Exchange Act
• Sec 13(b)(2)(A)
• Sec 13(b)(2)(B)
• Sec 30A

Resolutions

First Resolution Date 29-May-2013
Headline Total Penalty and Disgorgement $153,000,000

Related Documents:

34-69654 29-May-2013 Administrative Proceeding
Order Instituting Cease-and-Desist Proceedings Pursuant to Section 21C of the Securities Exchange Act of 1934, Making Findings, and Imposing a Cease-and-Desist Order
On May 29, 2013, the SEC issued an order instituting cease-and-desist proceedings pursuant to Section 21C of the Exchange Act regarding Total, S.A.'s FCPA violations. According to the SEC: "From approximately September 1995 to November 2004, Total and others paid approximately $60 million in unlawful payments to intermediaries for the purpose of inducing an Iranian government official (the 'Iranian Official') to use his influence to assist Total in connection with obtaining contracts to develop the Sirri A and E oil fields and two phases of the South Pars oil and gas field in Iran. Between 1995 and 2004 the Iranian Official was first the head of one wholly owned subsidiary of the National Iranian Oil Company ('NIOC') and later the head of another NIOC wholly owned subsidiary. The Iranian Official was also a government advisor to a high-ranking Iranian official. Total made these payments at the direction of the Iranian Official to intermediaries through a consulting and services agreement and subsequent amendments, entered into with an intermediary designated by the Iranian Official ('Intermediary One')." On May 29, 2013, the SEC announced that it had accepted Total S.A.'s offer of settlement and imposed a cease-and-desist order.
2013-94 29-May-2013 Press Release--Administrative Proceeding
SEC Charges Total S.A. for Illegal Payments to Iranian Official
On May 29, 2013, the SEC announced that it charged France-based oil and gas company Total S.A. ("Total") with violating the Foreign Corrupt Practices Act by paying $60 million in bribes to intermediaries of an Iranian government official who then exercised his influence to help the company obtain valuable contracts to develop significant oil and gas fields in Iran. According to the SEC's order instituting settled administrative proceedings, Total attempted to cover up the true nature of the illegal payments by entering into sham consulting agreements with intermediaries of the Iranian official and mischaracterizing the bribes in its books and records as legitimate "business development expenses" related to the consulting agreements. The SEC alleges that Total had inadequate systems to properly review the consulting agreements and lacked sufficient internal controls to comply with federal laws prohibiting bribery. Total agreed to pay more than $398 million to settle the SEC's charges and as part of a deferred prosecution agreement in a parallel criminal matter.