Terror Watch: Another Halliburton Probe
Already under fire for its contracts in Iraq, the company now faces a Justice Department inquiry about business done during Dick Cheney's tenure
The Justice Department has opened up an inquiry into whether Halliburton Co. was involved in the payment of $180 million in possible kickbacks to obtain contracts to build a natural gas plant in Nigeria during a period in the late 1990's when Vice President Dick Cheney was chairman of the company, Newsweek has learned.
There is no evidence that Cheney was aware of the payments in question and an aide said today the vice president has not been contacted about the probe. Still, the inquiry by the Justice Department's fraud section--which prosecutes federal anti-bribery law violations--is likely to bring new public attention to the vice president's past at the giant oil-services firm. Halliburton has been under intense scrutiny in recent months over its handling of hundreds of millions of dollars contracts relating to the rebuilding of Iraq.
The Justice inquiry, along with a related probe by the Securities and Exchange Commission, parallels a separate investigation into the Nigerian payments that is being conducted by a French magistrate and has received widespread attention in recent months in the European press. But the Justice Department and SEC probes have not previously been reported, although they were briefly mentioned by Halliburton last week near the end of a lengthy filing with the SEC.
In the filing, the Houston-based company disclosed that the French magistrate was investigating the Nigerian payments and then added: "The U.S. Department of Justice and the SEC have asked Halliburton for a report on these matters and are reviewing the allegations in light of the US. Foreign Corrupt Practices Act. Halliburton has engaged outside counsel to investigate any allegations and is cooperating with the government's inquiries... If illegal payments were made, this matter could have a material adverse effect on our business and results of operations."
A Justice Department official confirmed to NEWSWEEK today that prosecutors have been seeking information from Halliburton related to the Nigerian contract and that the company was cooperating. But the official said the company's reference to being asked for "a report" by Justice was "not accurate." Rather than a report, Justice has sought documents from the company--and Halliburton has been turning them over, the official said. Another Justice official described the inquiry as a review of documents supplied by Halliburton and said it was still in its early stages.
In an e-mail response to questions from NEWSWEEK about its disclosure, a Halliburton official, Cathy Gist, said: "Management made the decision to include these statements because of the politically charged environment in which we now operate. We are trying to keep the investment community informed of the accurate facts about the company's business." She added that that "while Halliburton has no basis to assume that any of its employees...have ever done anything in violation of the FCPA (Foreign Corrupt Practices Act), it has undertaken an examination and intends to cooperate with officials of the U.S. government." (In a later e-mail response, Gist added: "In future SEC filings, Halliburton will include more precise language regarding the nature of this examination as well as our continued commitment to cooperate with U.S. government officials regarding this matter.")
The investigation could raise sensitive political questions for the Justice Department because--unlike Pentagon probes now underway into Halliburton's Iraq contracts--the Nigerian matter specifically involves corporate conduct during the period between 1995 and 2000 when Cheney was chairman and chief executive officer of the company.
That could raise potential conflict-of-interest questions for Attorney General John Ashcroft similar to those that recently prompted Ashcroft to recuse himself in another investigation involving the Bush White House--the probe into who leaked information that disclosed the undercover identity of the wife of former U.S. Ambassador Joseph Wilson. The Justice official declined to comment on what role Ashcroft has played in the Halliburton probe so far and whether there have been any discussions about whether he might need to recuse himself from decisions relating to it. So far, there is no evidence suggesting any involvement by Cheney in the matters under review, another Justice official said.
The Justice Department inquiry involves a trail of payments to unknown recipients that were routed through off-shore bank accounts and were allegedly handled by a longtime Halliburton lawyer in London who, according to French press reports, was also a financial advisor to Nigeria's late dictator Gen. Sani Abacha. The payments were made in connection with the construction of a giant liquefied natural gas plant on a remote island in Nigeria.
The plant, one of the largest in the world, was built by TSKJ, a consortium of four major international construction firms, including Kellogg, Brown & Root, a major Halliburton subsidiary that has been the principal recipient of the company's contracts in Iraq. Halliburton touted its role in the Nigerian project in a March, 2000 press release headlined: "Four Industry Leaders United to Execute World Class Project in Nigeria."
The question Justice is probing is how exactly Halliburton's subsidiary came to play that role. According to lengthy accounts of the probe in the French newspaper, Le Figaro, the TSKJ consortium in 1994 had created a subsidiary called LNG Services on Madeira, a Portuguese island in the Atlantic where companies are not required to pay any taxes. The French investigation was triggered, according to Le Figaro, when an official of one of the consortium's French partners, Technip, was charged two years ago with embezzlement growing out of a separate, long-running corruption case involving the French oil company Elf Aquitaine.
According to Le Figaro, George Krammer, the accused Technip official, was outraged when Technip refused to defend him and turned state's evidence. The paper reported that he told French authorities about an alleged $180 million "slush fund" that TSKJ maintained to bribe Nigerian officials relating to the natural gas plant in Nigeria. French authorities then tracked close to the same amount in "support contracts" from LNG Services--the subsidiary on the Portuguese island--to yet another obscure entity called Tri-Star, which was located on the British tax haven of Gibraltar. Tri Star, according to Le Figaro, was headed by a London lawyer named Jeffrey Tesler, who has long done work for Halliburton, and was known to have close relations with officials in Abacha's Nigerian government. Tesler did not respond to a request for comment from NEWSWEEK.
The allegations that TSKJ may have made improper payments to Nigerian officials prompted a Paris prosecutor to open up an investigation into the case in October, 2002. The probe was among the first in France under a new international treaty banning the payment of bribes in commercial contracts--a prohibition that became part of French law in 2000. (U.S. law has banned such payments for more than 25 years.) The case in France has since been transferred to a French investigative magistrate, Reynaud van Ruymbeke--an indication that it is being taken seriously by French authorities.
One key question for Justice Department prosecutors is what knowledge, if any, Halliburton officials in the United States had of any illicit payments that might have been made in Nigeria. According to lawyers familiar with the Foreign Corrupt Practices Act cases, U.S. corporate officials are only liable for the actions of their foreign subsidiaries if it can be determined that they had a control or personal knowledge of the subsidiary's improper actions.
In this case, Halliburton would seem to have a natural defense: the conduct in question involved actions of a consortium, TSKJ, in which it was only a 25 percent owner. But a Technip official told NEWSWEEK that the Halliburton subsidiary, Kellogg, Brown & Root, was the chief principal and decision-maker in the venture. "Halliburton is the leader of the JV (joint venture)," said Christopher Welton, chief of Technip's investor and analyst relations. Welton also said that his company recently had conducted its own internal audit of the venture's operations and found no evidence of any improper payments. Halliburton told NEWSWEEK that the companies involved in the venture were equal partners and "no company has more influence than any other. It is simply not accurate to say that any one partner or company is dominant."
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Michael Isikoff has been an award-winning investigative correspondent for Newsweek since 2004. He has written extensively on the U.S. government's war on terrorism, the conflicts in Iraq and Afghanistan, presidential politics and other national issues. His book, "Hubris: The Inside Story of Spin, Scandal, and the Selling of the Iraq War," co-written with David Corn, was an instant New York Times best-seller when it was published in September, 2006. The book was hailed by the New York Times Book Review as "fascinating reading" and "the most comprehensive account of the White House's political machinations" in the run up to the war in Iraq. Since January 2009, Isikoff has been an MSNBC contributor, making regular appearances on the Rachel Maddow Show and Hardball w/ Chris Matthews.
Ever since the events of September 11, Isikoff has broken repeated stories about the U.S. government's war on terror and won numerous journalism awards. His blog "DeClassified: Investigative Reporting in Real Time," which appears regularly on Newsweek's Web site and is written with MarkHosenball, has become a must-read for senior U.S. intelligence officials. Isikoff and Hosenball won the 2005 award from the Society of Professional Journalists for best investigative reporting online.
Isikoff's June 2002 Newsweek cover story on U.S. intelligence failures that preceded the 9-11 terror attacks, along with a series of related articles, was honored with the Investigative Reporters and Editors top prize for investigative reporting in magazine journalism. He was honored, along with a team of Newsweek reporters, by the Society of Professional Journalists for coverage of the Abu Ghraib scandal. For that coverage, Isikoff obtained exclusive internal White House, Justice Department and State Department memos showing how decisions made at the highest levels of the Bush administration led to abuses in the interrogation of terror suspects. Isikoff was also part of a reporting team that earned Newsweek the National Magazine Award for General Excellence in 2002, the highest award in magazine journalism, for their coverage of the aftermath of the September 11 terror attacks.
Isikoff's exclusive reporting on the Monica Lewinsky scandal gained him national attention in 1998, including profiles in The New York Times and The Washington Post and a guest appearance on "Late Show with David Letterman." His coverage of the events that lead to President Bill Clinton's impeachment earned Newsweek the prestigious National Magazine Award in the Reporting category in 1999. Isikoff's reporting also won the National Headliner Award, the Edgar A. Poe Award presented by the White House Correspondents Association and the Gerald R. Ford Journalism Prize for Reporting on the Presidency. In 2001, Isikoff was named on a list of "most influential journalists" in the nation's capital by Washingtonian magazine.
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Isikoff came to Newsweek from The Washington Post, where he had been a reporter since September 1981. There he covered the Justice Department and the Persian Gulf War, reported on international drug operations in Latin America and worked on the Post's financial news desk. Isikoff graduated from Washington University with a B.A. in 1974 and received a Masters in Journalism from Northwestern University's Medill School of Journalism in 1976.
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