If violations of antitrust laws are found to have occurred, according to Halliburton's SEC filing, "the range of possible penalties includes criminal fines, which could range up to the greater of $10 million in fines per count for a corporation, or twice the gross pecuniary gain or loss, and treble civil damages in favor of any persons financially injured by such violations."
"Criminal prosecutions," the filing states, "under applicable laws of relevant foreign jurisdictions and civil claims by, or relationship issues with customers, are also possible."
As part of the investigation, the SEC has issued subpoenas seeking information regarding current and former agents used in connection with projects over the past 20 years located in and outside of Nigeria in which MW Kellogg Company, MW Kellogg, Ltd, KBR or their joint ventures, as well as the Halliburton energy services business, were participants.
Halliburton says it has "produced documents to the SEC and the DOJ both voluntarily and pursuant to company subpoenas from the files of numerous officers of Halliburton and KBR, including current and former executives of Halliburton and KBR, and we are making our employees available to the SEC and the DOJ for interviews."
In addition, the SEC has issued a subpoena to Jack Stanley, and to other current and former KBR employees, former executive officers of KBR, and at least one subcontractor of KBR.
The DOJ has invoked its authority under a sitting grand jury to issue subpoenas for the purpose of obtaining information abroad, and other partners in TSKJ have provided information to the DOJ and the SEC related to the investigations.
Back in May of 2003, Halliburton was forced to admit to the SEC that it had paid $2.4 million in bribes to officials of Nigeria's Federal Inland Revenue Service in 2001 and 2002 "to obtain favorable tax treatment."
Of course Halliburton pointed the finger of blame at a couple of lowly employees for bribing the Nigerian IRS, and claimed that none of its senior officers were involved in the bribery plot. But as the Houston Chronicle pointed out at the time, "left unanswered is how a 'low-level employee' could channel that much money from the company to the pockets of a corrupt official."
The current investigation into the payment of $170 million in bribes could be near to a conclusion because Halliburton seems to be ready to throw in the towel.
"We have reason to believe," Halliburton said in its SEC filing, "based on the ongoing investigations, that payments may have been made to Nigerian officials."
So if Dick Cheney goes missing again, it probably just means that he's off being fitted for a new Halliburton uniform - a striped jumpsuit.
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