HP’s FCPA Settlement Spurs RICO Suit by Bribe Recipient Pemex

The “global labyrinth of bribery” laid out in HP’s $108 million FCPA settlement in April triggered civil liability, Petróleos Mexicanos and an affiliate (Pemex) claim in their freshly-filed California federal case.  Pemex, a target of HP’s bribes, alleges that HP’s bribery (among other things) predicated violations of the Racketeer Influenced and Corrupt Organizations Act (RICO).  The complaint also contains unfair competition, fraudulent concealment and tortious interference with contract claims.  Pemex seeks to evade the weaknesses of prior RICO cases (including its own dismissed case against Siemens) by using past failures as a template for future success against HP.  See “Three Regions, Four Settlement Tools and $108 Million: HP Entities Resolve Criminal and Civil FCPA Charges” (Apr. 16, 2014).

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