Airbus SE smashed our top ten list Friday with a $2.09 billion FCPA settlement with the U.S. Department of Justice, sending it straight to number one.
Airbus becomes the third French company to sit on the current top ten list, along with Alstom at $772 million and Société Générale at $585 million.
Officially, Airbus is headquartered in the Netherlands, but it’s often referred to as a French company because the main operations are in Toulouse.
Non-U.S. companies continue to dominate the FCPA top ten, still holding nine of ten spots. The only U.S. company currently on the list is KBR / Halliburton, now ranked tenth.
Four FCPA settlements have now reached a billion dollars or more, and it takes at least $579 million to even appear in the current top ten.
Leaving the new top ten list is Teva Pharmaceutical of Israel and its $519 million resolution in 2016.
As part of Airbus’ $4 billion global settlement, it paid French prosecutor Parquet National Financier (PNF) about $2.3 billion. The DOJ agreed to credit Airbus up to $1.8 billion for amounts paid to PNF.
The aerospace giant also paid the UK Serious Fraud Office $1.09 billion.
Those were the biggest-ever French and UK anti-bribery enforcement actions.
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Here are the ten biggest FCPA cases of all time based on penalties and disgorgement assessed in the U.S. enforcement documents.*
1. Airbus SE (Netherlands/France): $2.09 billion in 2020.
2. Petróleo Brasileiro S.A. – Petrobras (Brazil): $1.78 billion in 2018.
3. Telefonaktiebolaget LM Ericsson (Sweden): $1.06 billion in 2019.
4. Telia Company AB (Sweden): $1.01 billion in 2017.
5. MTS (Russia): $850 million in 2019.
6. Siemens (Germany): $800 million in 2008.
7. VimpelCom (Netherlands): $795 million in 2016.
8. Alstom (France): $772 million in 2014.
9. Société Générale S.A. (France): $585 million in 2018.
10. KBR / Halliburton (United States): $579 million in 2009.
* Odebrecht / Braskem appeared on the top ten list in late 2016 but were removed in April 2017 after the DOJ reduced their overall penalties based on “ability to pay.”