This post, the first in a weeks-long statistical feast on FCPA Professor, compares corporate FCPA enforcement in 2018 to prior years. As reflected in this post, measured in terms of the number of core corporate actions, 2018 was the third most active year for enforcement in FCPA history.
Keep the numbers in this post in mind when you see other 2018 FCPA enforcement statistics (such as here and here) that use creative and haphazard counting methods or fail to use accurate or consistent math.
The most reliable and accurate way to keep FCPA enforcement statistics is by using the “core” approach which focuses on unique instances of FCPA scrutiny. The core approach does not distort FCPA enforcement statistics by double counting parallel DOJ and SEC actions involving the same core conduct announced on the same day nor does the core approach distort FCPA enforcement statistics by separately counting the sometimes unique ways the DOJ slices and dices corporate conduct between parent companies and subsidiaries. As highlighted in the article “A Common Language to Remedy Distorted FCPA Enforcement Statistics,” the core approach to tracking FCPA enforcement has been endorsed by the DOJ and is a commonly accepted method used to track enforcement in other areas of law.
Corporate DOJ FCPA Enforcement Actions (2010 – 2018)
| Year | Core Actions |
| 2018 | 8 |
| 2017 | 9 |
| 2016 | 13 |
| 2015 | 2 |
| 2014 | 7 |
| 2013 | 7 |
| 2012 | 9 |
| 2011 | 11 |
| 2010 | 17 |
Corporate SEC FCPA Enforcement Actions (2010 – 2018)
| Year | Actions |
| 2018 | 14 |
| 2017 | 7 |
| 2016 | 24 |
| 2015 | 9 |
| 2014 | 7 |
| 2013 | 8 |
| 2012 | 8 |
| 2011 | 13 |
| 2010 | 19 |
Corporate DOJ FCPA Enforcement Action Settlement Amounts (2010 – 2018)*
| Year | Settlement Amounts |
| 2018 | $618 million |
| 2017 | $845 million |
| 2016 | $1.34 billion |
| 2015 | $24.2 million |
| 2014 | $1.25 billion |
| 2013 | $420 million |
| 2012 | $142 million |
| 2011 | $355 million |
| 2010 | $870 million |
*After accounting for various credits or deductions in certain enforcement actions for related foreign law enforcement actions
SEC FCPA Enforcement Action Settlement Amounts (2010 – 2018)*
| Year | Settlement Amounts |
| 2018 | $382 million |
| 2017 | $289 million |
| 2016 | $1.07 billion |
| 2015 | $114 million |
| 2014 | $327 million |
| 2013 | $300 million |
| 2012 | $118 million |
| 2011 | $148 million |
| 2010 | $530 million |
*After accounting for various credits or deductions in certain enforcement actions for related foreign law enforcement actions
Viewing FCPA enforcement in the aggregate (DOJ and SEC combined) is of course also useful and informative and in 2018 the DOJ and SEC combined collected approximately $$1 billion in 17 core corporate enforcement actions.
The below chart provides a summary of corporate FCPA enforcement data (DOJ and SEC combined) for the years 2007-2018, as well as notable circumstances that significantly skewed enforcement data statistics for particular years.
Corporate FCPA Enforcement Actions (2007 – 2018)
| 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) comprised approximately 56% of the $2.41 billion amount and five enforcement actions (the three mentioned above plus JP Morgan and Embraer) comprised approximately 72% of the amount |
| 2017 | 13 | $1.13 billion | Two enforcement actions (Telia and SBM Offshore) comprised approximately 65% of the $1.13 billion amount and four enforcement actions (the two mentioned above plus Rolls-Royce and Keppel Offshore & Marine) comprised approximately 88% of the amount |
| 2018 | 17 | $1 billion | Three enforcement actions (Panasonic, Societe General and Petrobras) comprised approximately 75% of the $1 billion amount |
| TOTALS | 172 | $10.9 billion |
*After accounting for various credits or deductions in certain enforcement actions for related foreign law enforcement actions
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