Criminal and civil penalties can be imposed on individuals or companies that violate the FCPA and the Bribery Act and French Law.  The statutory maximum penalties set out below are per violation.  Maximum penalties can be aggregated where there is more than one violation (e.g., per charge or count).

Criminal Penalties

  • Corporations and other entities convicted of violating the FCPA's anti-bribery provisions face fines of up to $2 million per violation.1  Individuals can face up to five years in prison and a $250,000 fine per violation.2  Under the alternative fines provision, an individual or entity can be fined an amount of up to twice the gross pecuniary gain or loss from a violation.3  
  • Corporations and other entities convicted of violating the FCPA's accounting provisions face a maximum fine of $25 million per violation.  Individuals convicted of violating the accounting provisions face maximum penalties of 20 years in prison and a $5 million fine.4  As with an anti-bribery violation, under the alternative fines provision, an individual or entity can be fined an amount of up to twice the gross pecuniary gain or loss from the violation.5
  • Corporations and other entities convicted of violating the UK Bribery Act can face unlimited fines and disgorgement.  Individuals can face up to 10 years in prison.
  • Corporations and other entities convicted of violating French anticorruption and influence peddling laws and face fines of up to EUR 5 million or, alternatively, 10 times the proceeds derived from the offence (see here). Individuals can face up to 10 years in prison.

 

Civil Penalties

  • Individuals or entities charged with civil violations of the FCPA's anti-bribery provisions face civil fines.  The maximum fine amounts are adjusted for inflation.  As of January 15, 2021, the maximum fine for a civil violation of the anti-bribery provisions is $21,663 per violation.6  The DOJ and SEC also may seek injunctive relief to prevent any ongoing or future violations.  Finally, the SEC may seek disgorgement of ill-gotten gains.7
  • As of January 15, 2021, companies violating the FCPA's accounting provisions face civil penalties of $97,523 to $975,230 per violation.  Individuals can be fined $9,753 to $195,047 per violation.8  The SEC may also seek injunctive relief, disgorgement of ill-gotten gains, and a bar prohibiting an individual from serving as an officer or director of a public company.9
  • The SFO and the Crown Prosecution Service may pursue civil recovery by way of a court order in circumstances where they can identify property that represents the proceeds of crime, including corruption, regardless of whether or not a criminal conviction has been secured (or will be pursued) in relation to the underlying conduct. For more, see here.

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1 15 USC §§ 78dd-2(g)(1)(A), 78dd-3(e)(1)(A), 78ff(c)(1)(A).

2 15 USC §§ 78dd-2(g)(2)(A), 78dd-3(e)(2)(A), 78ff(c)(2)(A); 18 USC § 3571(b).

3 18 USC § 3571(d).

4 15 USC § 78ff(a).

5 18 USC § 3571(d).

6 15 USC §§ 78ff(c)(1)(B), (c)(2)(B); 17 C.F.R. § 201.1005; SEC, Inflation Adjustments to the Civil Monetary Penalties Administered by the Securities & Exchange Commission (as of January 15, 2021), available here.

7 15 USC § 78u(d)(1)-(3); 15 USC § 78u-3(a), (e).

8 15 USC § 78u(d)(3); 15 USC § 78u-2; 17 C.F.R. § 201.1005; SEC, Inflation Adjustments to the Civil Monetary Penalties Administered by the Securities & Exchange Commission (as of January 15, 2021), available here.

9 15 USC § 78u(d)(1)-(3); 15 USC § 78u-3(a), (e).

 


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