Washington Babylon — August 4, 2008, 11:10 am

Will Bush Administration Let Oil Companies Skate on Money Paid to African Dictator?

Exxon Mobil is quietly commemorating the biggest operating profit in U.S. corporate history, announcing last week that it had earned $11.7 billion during the second quarter. Here’s something else that Exxon, and a number of other major energy firms, are surely commemorating: the apparent failure of the Bush Administration to hold them accountable for possible violations of the Foreign Corrupt Practices Act in Equatorial Guinea, even though Congress issued a detailed report more than four years ago that an elementary school student could have used as a roadmap for prosecution.

Back in July of 2004, the Senate Permanent Subcommittee on Investigations published a study that detailed the practices of seven oil companies in Equatorial Guinea, which has been ruled by dictator Teodoro Nguema Obiang since 1979. The report also looked at the role in the country of Riggs Bank (now PNC), which two months earlier had paid a $25 million fine for effectively helping Obiang and his family stash cash in accounts in Washington. Around this time the Securities and Exchange Commission (SEC) launched a probe of the oil companies, with particular scrutiny of Exxon, Marathon, and Amerada Hess.

Among the findings of the Senate, as reported in the Los Angeles Times (by me), were the following:

  • In 1998, Mobil (before its merger with Exxon) gave Obiang a stake in an oil trading business for a mere $2,300. Six years later, Obiang’s holding was valued at about $645,000.

  • Exxon and Amerada Hess paid about $1 million to Sonavi, a private security firm headed by Armengol Ondo Nguema, Obiang’s brother and the country’s security chief. (Incidentally, State Department reports have identified Nguema as a torturer.)

  • Amerada Hess paid government officials and their relatives more than $2 million for building and office leases. About a quarter of it was paid to Obiang’s 14-year-old son.

  • A holding company controlled by Obiang received a combined stake, worth as much as $29 million in 2004, in two joint ventures that Marathon inherited when it bought CMS Energy’s Equatorial Guinea holdings in 2002. Obiang’s holding company put no money down for its initial shares and had received more than $1 million in dividend payments from the two ventures between 2002 and 2003 alone.

One would think that the SEC would be able to make some headway with this assist from the Senate. At minimum, some creative accounting is needed to show why some of these deals, especially the joint investments with Obiang, do not constitute thinly disguised payments to the dictator.

Yet four years later it’s hard to spot any movement on the case. The SEC “can’t comment on ongoing investigations,” a Commission official told my colleague Sebastian Jones, though he did not make clear if in fact there were any ongoing investigations related to the case.

And an attorney who represented one oil company that had been under scrutiny, which he declined to name, told Jones: “The SEC essentially dropped [the company] out of the inquiry about three years ago.” The lawyer said that he hadn’t heard anything about the investigation recently, which suggested to him that it was no longer ongoing, though he was not certain of that.

If it has dropped the investigation, the Commission should at least acknowledge that and explain why. Or perhaps the SEC is simply sitting on the case and hoping no one notices that it’s doing nothing?

Share
Single Page

More from Ken Silverstein:

From the November 2013 issue

Dirty South

The foul legacy of Louisiana oil

Perspective October 23, 2013, 8:00 am

On Brining and Dining

How pro-oil Louisiana politicians have shaped American environmental policy

Postcard October 16, 2013, 8:00 am

The Most Cajun Place on Earth

A trip to one of the properties at issue in Louisiana’s oil-pollution lawsuits 

Get access to 165 years of
Harper’s for only $45.99

United States Canada

CATEGORIES

THE CURRENT ISSUE

August 2015

In the Shadow of the Storm

= Subscribers only.
Sign in here.
Subscribe here.

Measure for Measure

= Subscribers only.
Sign in here.
Subscribe here.

The Trouble with Israel

= Subscribers only.
Sign in here.
Subscribe here.

A Camera on Every Cop

= Subscribers only.
Sign in here.
Subscribe here.

view Table Content

FEATURED ON HARPERS.ORG

Article
Part Neither, Part Both·

= Subscribers only.
Sign in here.
Subscribe here.

“Eight months pregnant I told an old woman sitting beside me on the bus that the egg that hatched my baby came from my wife’s ovaries. I didn’t know how the old woman would take it; one can never know. She was delighted: That’s like a fairy tale!”
Mother with Children, by Gustav Klimt © akg-images
Article
What Recovery?·

= Subscribers only.
Sign in here.
Subscribe here.

“Between 2007 and 2010, Albany’s poverty rate jumped 12 points, to a record high of 39.9 percent. More than two thirds of Albany’s 76,000 residents are black, and since 2010, their poverty rate has climbed even higher, to nearly 42 percent.”
Photograph by Will Steacy
Article
Rag Time·

= Subscribers only.
Sign in here.
Subscribe here.

From a May 23 commencement address delivered at Hofstra University. Doctorow died on Tuesday. He was 84.
“We are a deeply divided nation in danger of undergoing a profound change for the worse.”
Photograph by Giuseppe Giglia
Article
The Trouble with Israel·

= Subscribers only.
Sign in here.
Subscribe here.

“We think we are the only people in the world who live with threat, but we have to work with regional leaders who will work with us. Bibi is taking the country into unprecedented international isolation.”
Photograph by Adam Golfer
Post
Greece, Europe, and the United States·

= Subscribers only.
Sign in here.
Subscribe here.

“A progressive Europe—the Europe of sustainable growth and social cohesion—would be one thing. The gridlocked, reactionary, petty, and vicious Europe that actually exists is another. It cannot and should not last for very long.”

Photograph by Stefan Boness

Percentage of Americans who say they would have cosmetic surgery if they could afford it:

69

An upside-down rainbow appeared over England.

Hackers breached Ashley Madison, a website that facilitates extramarital relationships, compromising the private information of millions of users. “This could be a boon,” said one lawyer, “for divorce attorneys.”

Subscribe to the Weekly Review newsletter. Don’t worry, we won’t sell your email address!

HARPER’S FINEST

Subways Are for Sleeping

By

“Shelby is waiting for something. He himself does not know what it is. When it comes he will either go back into the world from which he came, or sink out of sight in the morass of alcoholism or despair that has engulfed other vagrants.”

Subscribe Today