This post, the first in a weeks-long statistical feast on FCPA Professor, compares corporate FCPA enforcement in 2019 to prior years. As reflected in the post, measured in terms of actual settlement amounts, 2019 was the largest in FCPA history as the DOJ/SEC collected approximately $2.65 billion.
Keep the numbers in this post in mind when you see other 2019 FCPA enforcement statistics that use creative and haphazard counting methods or fail to use accurate or consistent math (see here).
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.
The below chart provides a summary of corporate FCPA enforcement data (DOJ and SEC combined) for the years 2007-2019, as well as notable circumstances that significantly skewed enforcement data statistics for particular years.
Corporate FCPA Enforcement Actions (2007 – 2019)
| Year | Core Actions | Settlement Amounts* | Of Note |
| 2019 | 14 | $2.65 billion | Two enforcement actions (Ericsson and MTS) comprise approximately 70% of the 2.65 billion amount |
| 2018 | 17 | $1 billion | Three enforcement actions (Panasonic, Societe General and Petrobras) comprised approximately 75% of the $1 billion amount. |
| 2017 | 13 | $1.1 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. |
| 2016 | 27 | $2.4 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. |
| 2015 | 11 | $139 million | No enforcement actions significantly skewed the statistics. |
| 2014 | 10 | $1.6 billion | Two enforcement actions (Alstom – $772 million and Alcoa – $384 million) comprised approximately 72% of the $1.6 billion amount. |
| 2013 | 9 | $720 million | The $398 million Total enforcement action comprised approximately 55% of the $720 million amount. |
| 2012 | 12 | $260 million | No enforcement actions significantly skewed the statistics. |
| 2011 | 16 | $503 million | The $219 million JGC Corp. enforcement action involved Bonny Island conduct and comprised approximately 44% of the $503 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. |
| 2009 | 11 | $645 million | The $579 million KBR / Halliburton Bonny Island, Nigeria enforcement action comprised approximately 90% of the $645 million amount. |
| 2008 | 10 | $885 million | The $800 million Siemens enforcement action comprised approximately 90% of the $885 million amount. |
| 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. |
| TOTALS | 186 | $13.6 billion |
*After accounting for various credits or deductions in certain enforcement actions for related foreign law enforcement actions
