Following recent SEC filings that described previously unreported FCPA-related investigations, there are at least 100 confirmed ongoing investigations overall, with 20 new active investigations first disclosed since the start of 2020, according to data from FCPA Tracker.
Here’s a breakdown of those 20 new investigations that are ongoing:
Which industries? Four companies that disclosed new FCPA-related investigations since 1.1.2020 are from the oil and gas segment. Two are defense contractors, two are medical device makers, and two are from the telecommunications industry. There’s one pharmaceutical firm, a tobacco company, a life science firm, a car maker. a beverage company, one technology firm, and another from the renewable energy industry.
Where are they headquartered? Ten are based in the United States. Three are headquartered in the UK, and one each in Bermuda, Norway, Singapore, Spain, India, Japan, and Greece.
Countries named in the investigations. Three companies that disclosed new investigations since 1.1.2020 mentioned Brazil. Other countries mentioned at least once include Vietnam, Japan, Italy, Guatemala, Honduras, Kenya, Thailand, and Mexico. Not all of the companies have disclosed where their possible FCPA compliance problems happened.
Recidivists among them? Three of the 20 companies (or 15 percent) that disclosed new investigations since 1.1.2020 were involved in earlier FCPA enforcement actions.
On pace with enforcement. The DOJ, SEC, or both brought 20 FCPA corporate enforcement actions since 1.1.2020, coincidentally matching the number of new investigations disclosed for the same period. Three of those recent enforcement actions currently appear on the FCPA Blog top ten list — Goldman Sachs Group Inc. at #1 with its $3.3 billion resolution in 2020, Airbus SE at #2 with its $2.09 billion resolution in 2020, and Glencore plc at #10 with its $700 million resolution in 2022.
Author’s Note: Not all FCPA-related investigations result in enforcement actions, and not all enforcement actions are preceded by disclosures about pending investigations.