Chapter One:
FCPA Enforcement Trends
Comparison of Enforcement in 2023 Compared with Prior Years
Matters Initiated or Resolved in 2023
DOJ (12)
US v. Samuel Bankman-Fried et al.
US v. Glenn Oztemel et al.
In Re: Corsa Coal Corporation
US v. Amadou Kane Diallo
US v. Corporacion Financiera Colombiana S.A.
US v. Javier Alejandro Aguilar Morales
US v. Orlando Alfonso Contreras Saab
In Re: Albemarle Corporation (DOJ)
US v. Freepoint Commodities LLC
In Re: Lifecore Biomedical, Inc.
US v. Tysers Insurance Brokers Limited and H.W. Wood Limited
US v. Carl Zaglin et al.
SEC (9)
In the Matter of Flutter Entertainment plc, as successor-in-interest to The Stars Group, Inc.
In the Matter of Rio Tinto plc
In the matter of Frank’s International N.V.
In the Matter of Koninklijke Philips N.V.
In the Matter of Garnter, Inc.
US v. Corporacion Financiera Colombiana S.A.
In the Matter of 3M Company
In the Matter of Clear Channel Outdoor Holdings, Inc.
In the Matter of Albemarle Corporation (SEC)
We define a matter as all enforcement actions involving the same misconduct. For example, the SEC brought cases against JBS S.A., Joesley Batista, and Wesley Batista related to J&F Investimentos’ activities in Brazil from 2005 to 2017. We count actions against those three defendants as one SEC matter. Where DOJ and SEC brought parallel actions, we include the matter in both DOJ and SEC’s tally. Where a matter was initiated and resolved from 2018 through 2023, we tallied the matter in the year it was resolved.
Comparison of Enforcement in 2023 Compared with Prior Years (Cont'd)
This chart represents the number of defendants whose cases were resolved or initiated from 2017 through 2022. Where cases were brought and resolved in different years, we counted the defendant in its year of resolution, and not its initiation.
Comparison of DOJ Penalties Assessed (2018-2023)
Penalties include any criminal or civil fines, forfeitures, disgorgements, criminal penalties, restitution, or judgments. Where DOJ credited penalties paid to SEC, we offset DOJ’s penalty amount so as not to double count penalties within this chart and the SEC chart on the following page. We did not offset payments DOJ credited to foreign regulators to provide an accurate account of the total penalties assessed.
Comparison of SEC Penalties Assessed (2018-2023)
Penalties include any criminal or civil fines, forfeitures, disgorgements, criminal penalties, restitution, or judgments. Where SEC credited penalties paid to DOJ, we offset SEC’s amount so as not to double-count penalties within this chart and the DOJ chart on the previous page. We did not offset payments SEC credited to foreign regulators to provide an accurate account of the total penalty assessed.