• Notable 2011 FCPA Settlements. 2010 was a record year for FCPA enforcement, and thus far 2011 has been no different. In the first half of 2011, 10 notable FCPA enforcement actions have settled, resulting in a total of about $490 million in penalties, disgorgement and prejudgment interest:
1. Tenaris agreed to pay a $3.5 million criminal penalty and $5.4 million in disgorgement and prejudgment interest.
2. Rockwell Automation agreed to pay disgorgement of $1.7 million, prejudgment interest of $590,000 and a civil penalty of $400,000.
3. Johnson & Johnson agreed to pay a $21.4 million criminal fine and $48.6 million in disgorgement and prejudgment interest, as well as about $7.9 million in related United Kingdom Serious Fraud Office recovery.
4. Comverse agreed to pay a $1.2 million criminal fine and $1.6 million in disgorgement and prejudgment interest.
5. Ball Corporation agreed to pay a $300,000 civil penalty.
6. Jeffrey Tesler, a key member of the TSKJ-Bonny Island joint venture accused of being part of a scheme to bribe Nigerian officials in exchange for contracts related to the construction of liquefied natural gas facilities, forfeited nearly $149 million, the largest FCPA-related forfeiture imposed on an individual to date.
7. JGC Corporation of Japan agreed to pay $218.8 million in criminal fines.
8. IBM agreed to pay a $2 million civil penalty, disgorgement of $5.3 million and $2.7 million in prejudgment interest.
9. Tyson Foods, Inc. agreed to pay a $4 million criminal penalty and $1.2 million in disgorgement and prejudgment interest.
10. Maxwell Technologies agreed to pay $8 million in criminal penalties, as well as $6.4 million to settle SEC civil charges.
JGC CORPORATION is a Japan-based company mainly engaged in the engineering business. The Company operates in two business segments. The Integrated Engineering segment is engaged in the planning, design, procurement, construction and testing of equipment, appliances and facilities for petroleum, petroleum processing, petrochemistry, gas, liquefied natural gas (LNG), general chemistry, nuclear energy, metal smelting, biotechnology, food, pharmaceutical, logistics, information technology, environment protection and pollution prevention industries. This segment is also engaged in the provision of related inspection, maintenance and information processing services, as well as water and power generation business, among others. The Catalyst and Chemical segment is involved in the manufacture and sale of catalyst agents, functional materials, deodorants and enzymatic filters, electronic materials and high-performance ceramic products, as well as next-generation energy related products.
According to court records, it was a vast undertaking spanning 34 countries, with private investigators conducting more than 1,750 interviews and gathering more than 100 million documents. They reviewed approximately 14 million of those documents and gave the Justice Department and the SEC a small subset, about 24,000, according to a Siemens tally.