Helping our client defeat bribery prosecution in the
Milan Court of Appeal
Since 2017, we have acted as the English representative for Guy Colegate, a former employee of a subsidiary of Royal Dutch Shell, in the Italian prosecution of ENI (the Italian oil major), Royal Dutch Shell and a number of their present and former employees for alleged corruption in the settlement of an ownership dispute relating to an offshore Nigerian oil block. Joined to these criminal proceedings were civil proceedings brought by the Federal Government of Nigeria against the same Defendants seeking over US$3 billion compensation for losses said to have been suffered by Nigeria as a result of the alleged corruption.
After the first instance trial in Milan in 2021, all defendants (including Mr Colegate as well as Shell and ENI) were acquitted of the criminal charges and successfully defended the civil proceedings in one of the most significant and high-profile criminal corruption trials in Italy. The defendants were alleged to have engaged in or contributed to an international bribe when Shell and ENI entered into a 2011 settlement of various disputes concerning the rights to a deep-water oil block off the coast of Nigeria. The trial court acquitted all 15 defendants, determining there was no case to answer.
In 2022, the Milan Court of Appeal upheld the first instance 2021 ruling - the strongest possible acquittal available in Italy - after the Deputy Attorney General withdrew the criminal appeal which had been made by the Italian Public Prosecutor. We also helped secure a dismissal of the civil appeal against our client’s acquittal. Had that appeal been successful, our client could have faced funding a share of a compensation order of more than US$1 billion.
After the dismissal of the criminal appeal, however, the civil proceedings continued, with Nigeria appealing further to the highest court in Italy - the Court of Cassation in Rome. Nigeria sought compensation of $3.5 billion from Eni and Shell, claiming the amount reflected the real value of the license purchased in 2011 by the two companies. In November 2023 though, whilst the defendants were preparing their submissions to the Court of Cassation, the government of Nigeria withdrew its appeal and its civil claims against all parties.
This high-profile corruption case, spanning over six years and 74 hearings, was the largest bribery prosecution in Italian legal history and one of, if not the biggest bribery trials anywhere in the world. Our representation of our client in these proceedings has been wholly successful.
The Charles Russell Speechlys team was led by Commercial Disputes Resolution partner Rhys Novak and supported by partner Caroline Greenwell. Rhys Novak comments: “This decision draws to a close nearly six years of litigation, possibly the global oil industry’s most high-profile corruption trial ever. The team here are delighted to have played a key part in finally bringing an end to this long-running matter for our client and clearing his name.”
"The team at Charles Russell Speechlys provided me with an exemplary service throughout one of the most difficult and stressful periods of my life. Their clear strategy, adaptability, and impressive teamwork with my Italian team throughout the trial gave me confidence that they would achieve this outcome. I am delighted with the result.”
Guy Colegate
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