Last week was an active week in Foreign Corrupt Practices Act enforcement as the SEC fiscal year came to a close.
A full three months remain in 2016 FCPA enforcement.
However, 2016 is already a record-breaking year
There have been more corporate enforcement actions in 2016 than any prior year in FCPA history.
Listed below are the 22 corporate enforcement actions thus far in 2016.
- NCH Corp.*
- HMT LLC*
- AB InBev
- Key Energy
- Johnson Controls
- LAN Airlines
- Akamai Technologies
- Las Vegas Sands
- Olympus Latin America
- SciClone Pharmaceuticals
*disgorgement paid pursuant to a DOJ “declination letter”
The previous record for corporate enforcement actions was 21 in 2010.
Although 2016 has set a record for the number of corporate enforcement actions, it has not yet set a record for the largest total corporate settlement amounts in a given year.
Thus far, 2016 total corporate settlement amounts stand at approximately $1 billion (with approximately $810 million in two enforcement actions: Och Ziff and VimpelCom).
In 2010, total corporate settlement amounts were approximately $1.4 billion and in 2014 total corporate settlement amounts were approximately $1.6 billion.
For methodology, see “A Common Language to Remedy Distorted FCPA Enforcement Statistics.”