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Fines and Penalties

Both companies and individuals are subject to civil and criminal liability. Companies may not reimburse employees for fines imposed on them.

  1. Maximum Fines for Companies: USD $2 million or twice the profit (note: the government will look to enforce this on a per occurrence basis, such that one investigation could lead to 10’s to 100’s of millions of dollars in fines), per violation.
  2. Maximum Fines for Individuals: USD $100,000 and/or up to five years in prison, per violation.

The U.S. Government actively seeks extradition to the U.S. of non-U.S. persons indicted for FCPA related offenses!

The U.S. Government takes an aggressive approach to calculating violations. For instance, an agreement to pay a $100,000 bribe in four $25,000 installments would be treated as four violations, exposing the company to fines up $8 million and individuals to $400,000 and 20 years in prison. Additionally, the U.S. Government rarely charges only FCPA violations, but will likely include other charges in any prosecution, such as conspiracy, mail or wire fraud, and Travel Act violations.