According to a source, who spoke on the condition of anonymity, the subtle change implies that the decision of the DOJ would have no bearing on what steps regulators in the United States of America would take once the trial in Italy is concluded.
Eni updated its statement on the letter it received from the US Department of Justice.
The initial statement said, "Today’s decision by the DOJ confirms the findings of independent advisers, who conducted investigations into the claims."
The second version said, "The company reminds that its controlling committees had outsourced to independent advisors internal investigations which did not reveal any illegal conduct."
According to a source, who spoke on the condition of anonymity, the subtle change implies that the decision of the DOJ would have no bearing on what steps regulators in the United States of America would take once the trial in Italy is concluded.
Eni had earlier on Wednesday published a statement on its website saying the DOJ had decided not to go ahead with investigating the firm over its controversial purchase of oil prospecting license (OPL) 245 from a Nigerian carton entity, Malabu Oil and Gas in 2011.
The source noted that once a verdict emerged in Italy, regulators in the US such as the Security and Exchange Commission (SEC), could decide to consider the penalties given by the Milan judge as sufficient or pile on more levies on the firm which is listed on the New York Stock Exchange (NYSE).
While stakeholders and advocacy groups wait for the DOJ to outline the reasoning behind the letter sent to Eni, experts said its decision to halt its investigation could imply that the US is clearing the path for Italian and Nigerian prosecutors to obtain verdicts from their respective courts.
Reacting to the statement by Eni, however, Barnaby Pace of Global Witness, one of the advocacy groups that pushed for the commencement of the trial in Milan said Eni should face serious penalties in the US and other jurisdictions where they operate if found guilty.
"We note Eni’s statement that the US Department of Justice has closed its investigation into the company in relation to the Nigerian OPL 245 case and Algeria. We look forward to the DOJ outlining their reasons for this decision. It remains the case that Eni and its most senior executives are currently on trial in Italy for allegedly bribing Nigerian politicians for access to a lucrative oilfield.
"The alleged scheme came less than a year after the company had sworn it would clean up its act after admitting to paying bribes in separate Nigerian oil deals. If the company is found to have reoffended it should face serious penalties in the United States and other jurisdictions in which it operates.”
Royal Dutch Shell and Eni, who jointly acquired the oil block from Malabu, in a deal brokered by the Nigerian government in 2011, had the previous year, escaped the full weight of US law under a deferred Prosecution Agreement (DPA), for two different corruption cases in Nigeria.
The US through its Foreign corruption Practice act (FCPA), can enforce sanctions against firms registered in its jurisdiction.