On June 18, 2025, the U.S. Department of Justice filed an unopposed motion stating that Swiss-based global technology company ABB Ltd. had fully complied with its obligations under its deferred prosecution agreement (“DPA”). The motion further requested that the four-count Information charging ABB with conspiracy to violate the anti-bribery provisions of the FCPA, conspiracy to violate the books and records provisions of the FCPA, a substantive violation of the anti-bribery provisions, and a substantive violation of the books and records provisions be dismissed. The U.S. District Court for the Eastern District of Virginia granted the request on June 20, 2025. The DOJ terminated the DPA early, as its term was to last until December 2, 2025.
ABB signed a three-year DPA in December 2022 to resolve the DOJ’s investigation of the company’s subsidiaries, which, according to the information, had from 2014 and 2017 engaged in a scheme to bribe a high-ranking official with South Africa’s state-owned energy company, Eskom Holdings Limited, in exchange for business advantages, including the official allowing ABB to “inflate the cost of ABB’s work.” The DPA was part of a coordinated global resolution that ABB reached with the U.S. authorities, including the Securities and Exchange Commission, and enforcement authorities in South Africa and Switzerland. As part of the resolutions with the DOJ and the SEC, ABB agreed to self-report on its remediation and implementation of compliance program enhancements.
In its motion, the DOJ stated that the decision to dismiss the charges was made after ABB executives certified on June 2, 2025, that the company had met all disclosure and compliance obligations under the DPA. The motion further stated that throughout “the term of the DPA, ABB’s compliance with its obligations under the agreement ha[d] been proactive and thorough, and the Company ha[d] devoted substantial resources to its compliance program.” The motion added that “ABB ha[d] conducted multiple comprehensive assessments of risk throughout the Company, enhanced risk surveillance, delivered enhanced training worldwide, conducted risk-informed integrity testing, and measured the effectiveness of enhancements.”
Order | Government’s Unopposed Motion to Dismiss Information | DOJ Press Release – December 22, 2022 | Deferred Prosecution Agreement