BROOKLYN, NY – Earlier today, in federal court in Brooklyn, Javier Aguilar was sentenced to 48 months in prison for his role in two interrelated schemes to bribe Ecuadorian and Mexican government officials. In February 2024, Aguilar was convicted at trial of conspiring to violate the Foreign Corrupt Practices Act (FPCA), violating the FCPA, and money laundering in connection with a scheme to bribe Ecuadorian officials. Aguilar subsequently pleaded guilty to charges arising out of a related scheme to bribe officials at PEMEX Procurement International (PPI), a wholly owned affiliate of the Mexican state-owned oil company, PEMEX. The trial and sentencing were held before United States District Judge Eric N. Vitaliano. In addition to the custodial sentence, Aguilar was also ordered to pay approximately $7.13 million in criminal forfeiture and a $100,000 fine. Restitution will be determined at a later date. Aguilar will be deported to Mexico upon completion of his prison term.
Joseph Nocella, Jr., United States Attorney for the Eastern District of New York (EDNY); Tysen Duva, Assistant Attorney General for the Department of Justice’s Criminal Division; and Brett Skiles, Special Agent in Charge, Federal Bureau of Investigation, Miami Field Office (FBI), announced the sentence.
“Today’s sentence sends a powerful message of deterrence to those who might be tempted to engage in similar bribery schemes,” stated United States Attorney Nocella. “This case is a demonstration of our Office’s long-standing commitment to rooting out corruption in the commodities markets. We will be indefatigable in protecting American interests from corruption that unfairly tilts the playing field and threatens American businesses.”
“Today’s sentence makes clear that corrupt actors, like Javier Aguilar, who facilitated and led two major international bribery and money laundering schemes will be brought to justice and punished accordingly,” stated Assistant Attorney General Duva. “We will root out those who brazenly undermine the rule of law and use our financial system to launder their corrupt funds, and we will prosecute them to the fullest extent of the law.”
“Today’s sentencing underscores the FBI’s unwavering commitment to protecting U.S. interests by dismantling complex bribery and corruption schemes that compromise global markets. This case demonstrates that individuals who attempt to corrupt foreign officials and manipulate international commerce will be held accountable. We will continue working alongside our partners to ensure the integrity of the financial system and safeguard American businesses,” stated FBI Miami Special Agent in Charge Skiles.
Mr. Nocella expressed his appreciation to the United States Attorney’s Office for the Southern District of Texas for their assistance on the case.
Between 2015 and 2020, Aguilar was a trader in the Houston office of Vitol, Inc. (Vitol), the U.S. affiliate of the Vitol group of companies, which together form one of the world’s largest energy trading firms. As part of the scheme, Aguilar and his co-conspirators agreed to bribe senior Ecuadorian officials to obtain a $300 million contract to purchase fuel oil for Vitol. Aguilar and his co-conspirators used another Middle Eastern state-owned entity to circumvent Petroecuador’s restrictions on contracts with private companies. In return for the promise and payments of bribes, the Ecuadorian officials then ensured that the Middle Eastern state-owned entity and Vitol were awarded the contract.
To conceal the scheme, Aguilar and his co-conspirators used a series of fake contracts, sham invoices, and shell entities incorporated in Curacao, Panama, and Cayman Islands. Aguilar also used alias email accounts to communicate with his co-conspirators.
The evidence at trial also demonstrated that Aguilar used the same system of shell entities and sham invoices to launder bribe payments to two officials at PPI. In total, Aguilar paid approximately $600,000 in bribes to PPI officials to obtain contracts for Vitol to supply hundreds of millions of dollars of ethane gas to PEMEX.
The jury convicted Aguilar of conspiracy to violate the FCPA and violating the FCPA in connection with the Ecuador bribery scheme, and conspiracy to commit money laundering in connection with the Ecuador and Mexico bribery schemes. Aguilar separately pleaded guilty to conspiracy to violate the FCPA and to violate the Travel Act in connection with the Mexico bribery scheme.
Seven of Aguilar’s co-conspirators, including three foreign government officials, have pleaded guilty for their roles in the schemes. These individuals have collectively agreed to forfeit more than $63 million in proceeds from the schemes.
In December 2020, Vitol admitted to bribing officials in Ecuador, Mexico, and Brazil in violation of the anti-bribery provisions of the FCPA. Vitol entered into a deferred prosecution agreement with the U.S. Attorney’s Office for the Eastern District of New York and the Criminal Division’s White Collar and Corporate Enforcement Section. As a part of the resolution, Vitol agreed to pay a combined $135 million in penalties as part of a coordinated resolution with the Justice Department, the Commodity Futures Trading Commission, and authorities in Brazil.
FBI Miami’s International Corruption Squad investigated the case.
The government’s case is being handled by the Office’s Business and Securities Fraud Section and the Criminal Division’s White Collar and Corporate Enforcement and Money Laundering, Narcotics and Forfeiture (MNF) Sections. Assistant United States Attorney Nick M. Axelrod, Assistant Chief Derek J. Ettinger of the White Collar and Enforcement Section, and Trial Attorney D. Hunter Smith of the Money Laundering, Narcotics and Forfeiture Section are in charge of the prosecution, with assistance from Deputy Chief Suzanne Elmilady and Assistant United States Attorney Sherin Daniel of the United States Attorney’s Office for the Southern District of Texas. Assistant United States Attorney Jonathan P. Lax of the Eastern District of New York was also responsible for the case. The MNF Special Financial Investigations Unit and the Justice Department’s Office of International Affairs also provided substantial assistance in this case.
The Defendant :
JAVIER AGUILAR
Age: 52
Houston, Texas
E.D.N.Y. Docket Nos. 20-CR-390 (ENV) / 24-CR-304 (ENV)
Source: U.S. Attorney’s Office — Eastern District of New York — U.S. Department of Justice press release.