Bahrain Metal Company Accuses Alcoa of Bribery and Fraud
Alcoa was sued yesterday by Aluminum Bahrain BSC in a U.S. federal court for allegations of overcharging, fraud and bribery. Aluminum Bahrain BSC, better known as Alba, says it was overcharged by Alcoa for alumina (pictured), a key ingredient in creating aluminum. The company says it paid excesses of about $65 million per year for 15 years. Alba - which is majority owned by the Bahraini government - alleges that some of that excess money snaked its way back to the Bahraini officials responsible for handing out the contracts in the first place.
Experts say that it is highly unusual for a foreign-owned company to file suit in a U.S. federal court. Although this brings down the wrath of the Justice Department on Alcoa, it also opens Alba up for further scrutiny. According to the Wall Street Journal:
The reason it’s rare for governments to accuse U.S. companies of corruption in American courts, said attorney Dan Newcomb of Shearman & Sterling, is that “once you raise a question of corruption, the sovereign runs the risk they will be embarrassed by the requests of discovery from the private party.” In this case, he added, “They have to be prepared to withstand Alcoa coming back to them and saying, ‘We want to look at every other corrupt transaction you have been involved in.’ ” Mr. Newcomb called Bahrain’s move an indication of the level of concern in the region that oil wealth will be lost to fraud and waste.
A law professor gave a similar opinion to Bloomberg media, arguing that this case will likely be settled out of court for the best interest of both parties:
“It’s unusual for another country to come into a U.S. federal court to pursue a U.S. private company,” said Carl Tobias, a law professor at the University of Richmond in Virginia. “When you subject yourself to the U.S. court system there could be discoveries that are embarrassing to the plaintiff. It’s hard to imagine this going to trial. A settlement could be worth it to both sides not to have a public dispute.”
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