ShellNews.net: Shell CEO Jeroen van der Veer still faces potential criminal prosecution by US Justice Department: 29 January 2006

By Alfred Donovan

ShellNews.net has obtained a copy of the decision by the US Justice Department taken on 29 June 2005 against prosecuting Shell. This followed an investigation headed by Mr David Kelly, United States Attorney for the Southern District of New York.

Mr Kelly, a member of the US President's Corporate Fraud Task Force, praised the efforts of the FBI for their role in the investigation. He also thanked the US Securities and Exchange Commission for its valuable assistance.

According to a report in THE WALL STREET JOURNAL coinciding with the release of the decision, the role of individuals in the accounting scandal at Shell was still being investigated. In an interview, Mr. Kelley stated, "We're continuing to evaluate the case against the individuals." He indicated that the decision against prosecuting Shell had been taken bearing in mind co-operation by the company in the investigation and went on to say: "Moreover, criminal prosecution would likely have a severe and unintended disproportionate economic impact upon thousands of innocent Shell employees."

There has been no subsequent word from the US Justice Department on the on-going investigation against individuals allegedly implicated in the fraud, including Shell CEO Jeroen van der Veer, who also faces civil proceedings via US class action lawsuits. 

The investigation is referred to in paragraph 23.5 of a defence document filed by Shell whistleblower Dr John Huong (with the High Court of Malaya on 25 January 2006) in relation to a defamation lawsuit brought against him by EIGHT Royal Dutch Shell companies registered in the UK, the Netherlands and in other Countries.

US JUSTICE DEPARTMENT DECISION ON PROSECUTING SHELL

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