UK bribery move on BAE adds to woes in U.S. |
Publication |
Reuters |
Date | 2009-10-01 |
Reporter | Andrea Shalal-Esa |
Web Link | www.reuters.com |
WASHINGTON (Reuters) - Britain's plan to prosecute BAE Systems
Plc (
BAES.L) for bribery is more bad news for the U.K. company, which is already
smarting after losing two major multibillion-dollar U.S. truck deals earlier
this year.
BAE and Britain could well resolve the issue through an out-of-court settlement;
but for now, an ongoing investigation has cast a shadow over BAE's U.S.
subsidiary just as defense contractors are fighting harder than ever for a
shrinking number of Pentagon dollars, analysts said.
Britain's Serious Fraud Office said Thursday it was prepared to prosecute BAE
but did not formally request a criminal trial.
"The corruption charges will be a drag on BAE's business at a time when it is
facing a downturn in its considerable North American revenues," said Loren
Thompson, defense analyst with the Virginia-based Lexington Institute.
BAE had long been treated "almost like an honorary American company" because of
its key role on classified intelligence programs, said Thompson, a long-time
adviser to BAE's U.S. unit. "But the federal government does not go easy on
companies that are under a cloud of suspicion. The fact that BAE is a foreign
company is not likely to help that situation."
BAE Systems Inc, the U.S. subsidiary, declined to comment on the potential
fallout of the British case, referring all queries to the company's London
headquarters. In London, BAE said it was continuing to "expend considerable
effort seeking to resolve (the issues) at the earliest opportunity" and would go
to court "if necessary."
BAE, the largest defense contractor in Europe and fifth largest in the United
States, is facing allegations that it used bribery and corruption in arms deals
in the Czech Republic, South Africa, Tanzania and Romania during the 1990s.
Britain has dropped an investigation into alleged bribery of Saudi Arabian
officials by BAE, but the U.S. Justice Department is continuing its own
investigation of that matter.
U.S. officials remain tight-lipped about any progress in the case, saying only
that it is still under way.
Separately, a senior Justice Department official said in prepared remarks to a
conference on white collar crime that the agency will continue to "pursue
vigorously" violations of the Foreign Corrupt Practices Act.
"I fully expect that the number of FCPA prosecutions -- of corporations and
individuals alike -- will continue to rise," Lanny Breuer, assistant attorney
general for the department's criminal division, said in the prepared remarks.
The U.S. investigation has not had much negative impact on BAE Systems thus far,
said one source familiar with the investigation, who was not authorized to speak
on the record.
He said the probe had not prevented BAE from winning approval from the U.S.
government to buy Armor Holdings in 2007 for $4.5 billion -- which was at that
time the largest ever foreign purchase of a U.S. defense company.
Just two years earlier, the company also acquired United Defense Industries, a
major maker of combat vehicles, artillery and naval guns, expanding its role in
the U.S. defense market.
"If history is any guide, this latest news should not have too much of an impact
either," said the source.
But he conceded that BAE was more vulnerable now after losing two big truck
deals, and given mounting pressure on the U.S. defense budgets.
U.S. government auditors are due to rule by December 14 on a protest filed by
BAE against the Army's decision in August to award an order worth up to $2
billion for mid-sized military trucks to Oshkosh Corp (
OSK.N).
Jim McAleese, a Virginia-based defense consultant, cautioned that these were
different times given broad public frustration about corporate excesses and
corruption.
"It's going to be increasingly difficult for the U.S. government, the Pentagon
and Congress to give the benefit of the doubt to any company that is being
prosecuted for corruption or integrity violations," said McAleese.
BAE's U.S. subsidiary is shielded somewhat from the British investigations
because of special legal firewalls set up in 1999.
Under the terms of BAE's Special Security Agreement, the U.S. unit has its own
board of directors and chief executive, and must follow detailed rules on what
information can be shared between the parent company and its U.S. unit.
But Walt Havenstein resigned as chief executive of BAE's U.S. unit in June, and
the company has not yet filled his position, creating a "leadership vacuum" that
could be problematic, McAleese said.
"The longer that the leadership vacuum remains and the longer that they're
fighting publicly with their customer, the more likely it is that the public
will attribute any ethics problems of the corporate parent to its U.S.
operations as well," he said.
(Additional reporting by Jeremy Pelofsky; Editing by Gerald E. McCormick)
With acknowledgements to Andrea Shalal-Esa and Reuters.