F.H. BERTLING LTD (FORMERLY A SUB OF BERTLING GROUP)

Industry

Logistics/Freight Forwarding

Corporate Headquarters

United Kingdom

Summary of Allegations:

Nationality of Foreign Officials: Angola

Summary of Allegations:

Between January 2005 and December 2006, F.H. Bertling, UK-based subsidiary of the Bertling Group, along with seven company executives and former executives allegedly made improper payments to an agent of the Angolan state oil company, Sonangol, in order to secure business operations in Angola.  

Among the alleged individuals are current managing directors at Bertling Group, Ralf Petersen, Dick Juergensen and Joerg Blumberg, current senior manager at F.H. Bertling, Giuseppe Morreale, and former executives, Stephen Emler, Peter Ferdinand and Marc Schweiger.  At the time of the alleged bribery, Petersen, Juergensen, and Morreale were F.H. Bertling's board members, Blumberg was Bertling Group's chief financial officer, and Ferdinand was F.H Bertling's managing director.

Ralf Petersen died on 17 May 2017.

F.H. Bertling International GmbH, a shareholder of F.H. Bertling Ltd., has denied any wrongdoing.

Approximate Alleged Payments to Foreign Officials: $250,000

Business Advantage Allegedly Obtained: The bribes helped Bertling win and keep a freight and forwarding contract worth about $20 million.

Nationality of Foreign Officials: Azerbaijan

Summary of Allegations:

In 2014, F.H. Bertling self-reported alleged corruption regarding company's "principally historical trading practices in Azerbaijan" which allegedly led to folding its Azerbaijan operations in 2011.

Approximate Alleged Payments to Foreign Officials: Unspecified

Business Advantage Allegedly Obtained: Unspecified

Enforcement Results

Agencies: Internal Investigation

Results:

Year Resolved: 2017

Compliance Monitor:

Ongoing: No

Details:

In 2011, F.H. Bertling allegedly began folding its operations in Azerbaijan and took "significant remedial steps" to address their findings. These remedial actions included changes in management, implementation of enhanced ethical compliance programs and training and development initiatives.

In its regulatory filing for the year ended 31 December 2015, F.H Bertling disclosed that it plans to “wind down the existing freight forwarding trading and to cease trading during 2016.”

According to media reports in May 2017, F.H. Bertling Ltd. was sold as of 1 January 2017, and is no longer a part of Bertling Group.

Agencies: United Kingdom: Serious Fraud Office

Results:

Year Resolved: 2019

Compliance Monitor:

Ongoing: No

Details:

In 2014, F.H. Bertling self-reported regarding company's "principally historical trading practices in Azerbaijan" to the U.K. Serious Fraud Office (“SFO”).

In September 2014, the SFO started an unannounced investigation into allegations in Angola. 

On 13 July 2016, the SFO charged F.H. Bertling and seven company executives and former executives, Dirk Juergensen, Giuseppe Morreale, Joerg Blumberg, Peter Ferdinand, Marc Schweiger, Ralf Peterson and Stephen Emler, with one count each of making corrupt bribe payments. The charges were brought under Section 1 of the Criminal Law Act 1977 as the alleged scheme took place prior to the enactment of the UK Bribery Act 2010. 

The trial for F.H. Bertling and the seven individuals named is scheduled to begin in London's Southwark Corwn Court on 1 September 2016.

On 15 September 2017, F.H. Bertling and six of its current and former directors pleaded guilty to charges of conspiracy to pay bribes in Angola. On 26 September 2017 the company and employees were convicted of those charges. On 20 October 2017, three of the company's former employees -- Joerg Blumberg, Dirk Juergensen and Marc Schwieger -- were sentenced. Each was given a 20 month sentence, suspended for 2 years, a GBP 20,000 fine, payable within 3 months with a default sentence of 1 year for non-payment, and were disqualified from being company directors for 5 years.

Separately, the SFO is investigating F.H. Bertling's dealings in Azerbaijan.

On 27 November 2018, Stephen Emler and Giuseppe Morreale pleaded guilty to making over £350,000 corrupt payments to secure a contract from ConocoPhillips in the ‘Jasmine’ North Sea oil exploration project. The court convicted Colin Bagwell of conspiring with Christopher Lane in overcharging for additional services in the contract as a part of the bribery scheme. Christopher Lane pleaded guilty.


The court acquitted Georgina Ayres, Robert McNally, and Peter Smith of charges related to the project.

On 11 January 2019, a UK court handed down the following sentencing regarding Bertling’s North Sea oil project:  Colin Bagwell received 9-month imprisonment with a 2-year suspension and a £5,000 fine; Christopher Lane received 6-month prison term with a 2-year suspension and a 28-day electronic curfew order; Giuseppe Morreale and Stephen Emler respectively received 15-month and 12-month imprisonment, both with a 2-year suspension.

Additionally, Giuseppe Morreale received 2-year term and a £20,000 fine; Stephen Emler received 18-month imprisonment with a £15,000 fine; both are for the Angola investigation and with a 2-year suspension.

On 3 June 2019, the SFO imposed an £850,000 fine on FH Bertling Ltd for the bribery scheme in Angola.

 

ENTITIES / INDIVIDUALS INVOLVED
  • Bertling Group
  • F. H. Bertling Ltd (“F.H. Bertling”)
  • Dirk Juergensen
  • Giuseppe Morreale
  • Joerg Blumberg
  • Peter Ferdinand
  • Marc Schweiger
  • Ralf Peterson
  • Stephen Emler
  • Sonangol
Details Of How Conduct Was Discovered

Discovery Method: Unspecified

Details:

Country: Angola

Discovery Method: Voluntary Disclosure

Details:

In a regulatory filing with Companies House 30 September 2015, F.H. Bertling disclosed that the company self-reported regarding company's "principally historical trading practices in Azerbaijan" to the SFO in 2014.

Country: Azerbaijan