The Foreign Corrupt Practices Act contains specific penalty provisions for both violations of the anti-bribery and books and records and internal control provisions. However, in the FCPA’s modern era there has been a dramatic shift by the SEC away from the FCPA’s statutory penalties in most corporate enforcement action towards disgorgement.
The 2004 FCPA enforcement action against ABB is believed to be the first FCPA enforcement in which the SEC sought a disgorgement remedy and since then the SEC has secured approximately $4.9 billion in disgorgement (and associated pre-judgment interest) in approximately 140 corporate enforcement actions. Set forth below is the current top 20 list of SEC disgorgement amounts.
| Company | Year | Amount* |
| 1. Ericsson | 2019 | $540 million |
| 2. Siemens | 2008 | $350 million |
| 3. Teva Pharma | 2016 | $236 million |
| 4. Telia | 2017 | $208.5 million |
| 5. Och-Ziff | 2016 | $199 million |
| 6. KBR / Halliburton | 2009 | $177 million |
| 7. Vimpelcom | 2016 | $167.5 million |
| 8. Alcoa | 2014 | $161 million |
| 9. Total | 2013 | $153 million |
| 10.Fresenius Healthcare | 2019 | $147 million |
| 11.Walmart | 2019 | $144 million |
| 12.Panasonic | 2018 | $143.2 million |
| 13.JPMorgan | 2016 | $130.6 million |
| 14.ENI / Snamprogetti | 2010 | $125 million |
| 15. Novartis | 2020 | $112.8 million |
| 16.Technip | 2010 | $98 million |
| 17.Daimler | 2010 | $91.4 million |
| 18.Embraer | 2016 | $79.4 million |
| 19.Avon | 2014 | $67.4 million |
| 20. Herbalife | 2020 | $67.3 million |
* Disgorgment and associated prejudgment interest amount actually secured by the SEC subject, in certain cases, to offsets or credits for parallel DOJ and/or foreign law enforcement actions.
