United States v. BP America

Closed Criminal Division Cases

United States v. BP America
Court Docket Number: 07CR683

Before the Honorable Judge Ruben Castillo, Courtroom 2141, United States District Court for the Northern District of Illinois, Eastern Division, Everett Mckinley Dirksen United States States Courthouse, 219 South Dearborn Street, Chicago, Illinois.

The Criminal Division of the Department of Justice entered into a deferred prosecution agreement with BP America, and filed a criminal information against the company in U.S. District Court for the Northern District of Illinois charging BP America with one count of conspiracy stemming from the manipulation of the TET propane market between February 5, 2004 and March 15, 2004. BP waived indictment, agreed to the filing of the information, and accepted and acknowledged responsibility for its conduct in a factual statement accompanying the information. As part of the agreement, which was filed with the Court on October 25, 2007 and entered by the Court on November 16, 2007, BP deposited approximately $54 million into a restitution fund to cover harm caused to certain classes of affected parties.

On September 17, 2008, the Criminal Division and BP America filed a joint motion seeking court approval of a proposed Restitution Plan that was prepared by a Thirty Party Administrator pursuant to the deferred prosecution agreement. A second joint motion was filed on October 15, 2008, seeking approval of a revised Restitution Plan. Judge Castillo entered an order on October 17, 2008, approving the revised Restitution Plan outlining the procedures (a) the procedures by which victims eligible to seek reimbursement from the Restitution Fund will be identified; and (b) the procedures by which the financial losses of such victims will be determined and restitution for such losses will be paid.

On October 21, 2010, Judge Castillo entered an order approving the Distribution Plan setting forth the manner for distributing the restitution funds.

Order Approving the Distribution Plan

Order of October 17, 2008

Joint Motion for Approval of the Revised Restitution Plan

Revised Restitution Plan

Notice of Joint Motion

Joint Motion Seeking Approval of Restitution Plan

Proposed Restitution Plan

Order of January 23, 2008

Deferred Prosecution Agreement

Information