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Corporate FCPA Enforcement In 2016 Compared To Prior Years

Statistical Analysis

Previous posts this week (here and here) separately analyzed DOJ and SEC corporate Foreign Corrupt Practices Act enforcement in 2016.

Viewing FCPA enforcement statistics this way is useful and informative given that the DOJ and SEC are separate law enforcement agencies and different issues may arise in DOJ and SEC FCPA enforcement actions.

By way of review, below are the 2016 DOJ and SEC FCPA enforcement statistics compared to prior years.

Corporate DOJ FCPA Enforcement Actions (2010 – 2016)

Year Core Actions
2016 13
2015 2
2014 7
2013 7
2012 9
2011 11
2010 17

Corporate SEC FCPA Enforcement Actions (2010 – 2016)

Year Core Actions
2016 24
2015 9
2014 7
2013 8
2012 8
2011 13
2010 19

Corporate DOJ FCPA Enforcement Action Settlement Amounts (2010 – 2016)

Year Settlement Amounts
2016 $1.34 billion
2015 $24.2 million
2014 $1.25 billion
2013 $420 million
2012 $142 million
2011 $355 million
2010 $870 million

Corporate SEC FCPA Enforcement Action Settlement Amounts (2010 – 2016)

Year Settlement Amounts
2016 $1.07 billion
2015 $114 million
2014 $327 million
2013 $300 million
2012 $118 million
2011 $148 million
2010 $530 million

Viewing FCPA enforcement in the aggregate (DOJ and SEC combined) is of course also useful and informative and in 2016 the DOJ and SEC combined collected approximately $2.41 billion in 27 core corporate enforcement actions.

The below chart provides a summary of corporate FCPA enforcement data (DOJ and SEC combined) for the years 2007-2016, as well as notable circumstances that significantly skewed enforcement data statistics for particular years.

Corporate FCPA Enforcement Actions (2007 – 2016)

Year Core Actions Settlement Amounts Of Note
2007 15 $149 million Six enforcement actions involved Iraq Oil for Food conduct and these enforcement actions comprised 40% of all enforcement actions and approximately 50% of the $149 million amount.
2008 10 $885 million The $800 million Siemens enforcement action comprised approximately 90% of the $885 million amount.
2009 11 $645 million The $579 million KBR / Halliburton Bonny Island, Nigeria enforcement action comprised approximately 90% of the $645 million amount.
2010 21 $1.4 billion Six enforcement actions, all resolved on the same day, involved various oil and gas companies’ use of Panalpina in Nigeria. Panalpina also resolved an enforcement action on the same day.

Two enforcement actions (Technip and Eni / Snamprogetti) involved Bonny Island conduct.

In other words, there were 14 unique corporate enforcement actions in 2010. Of further note, the two Bonny Island enforcement actions, Technip($338 million) and Eni/Snamprogetti ($365 million) comprised approximately 50% of the $1.4 billion amount.

2011 16 $503 million The $219 million JGC Corp. enforcement action involved Bonny Island conduct and comprised approximately 44% of the $503 million amount.
2012 12 $260 million No enforcement actions significantly skewed the statistics.
2013 9 $720 million The $398 million Total enforcement action comprised approximately 55% of the $720 million amount.
2014

 

10 $1.6 billion Two enforcement actions (Alstom – $772 million and Alcoa – $384 million) comprised approximately 72% of the $1.6 billion amount.
2015

 

11 $139 million No enforcement actions significantly skewed the statistics.
2016 27 $2.41 billion

 

Three enforcement actions (Teva, Odebrecht/Braskem and VimpelCom) comprise approximately 56% of the $2.41 billion amount and five enforcement actions (the three mentioned above plus JP Morgan and Embraer) comprise approximately 72% of the amount
TOTALS 142 $8.78 billion

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