My recent number crunching binge comes to an end.  The calculator deserves a break.

This post summarizes, in one spot, the various Foreign Corrupt Practices Act facts and figures published over the past few weeks.

As highlighted in this post, just three unique historical events (Iraq Oil for Food, Bonny Island, Nigeria conduct, and Panalpina-related issues) served as the foundation for 35% of all corporate FCPA enforcement actions between 2007-2011 and resulted in 55% of settlement amounts in corporate enforcement actions between 2007-2011.  Adding just the 2008 Siemens enforcement action to the settlement amount calculation, results in just four unique historical events accounting for 77% of settlement amounts in corporate enforcement actions between 2007-2011.

As highlighted in this post, 61% of the individuals charged by the DOJ with FCPA criminal offenses since 2008 have been in just four cases and 77% of the individuals charged by the DOJ since 2008 have been in just seven cases.  There have been 53 corporate DOJ FCPA enforcement actions since 2008 and in 39 actions (or 74%) there have not (at least yet) been any DOJ charges against company employees.  Of the individuals charged by the DOJ with FCPA criminal offenses since 2008, 70% were employees or otherwise affiliated with private business entities even though 79% of corporate DOJ FCPA enforcement actions during the same time period were against publicly traded corporations.  In short, a private entity DOJ FCPA enforcement action is approximately three times more likely to have a related DOJ FCPA criminal prosecution of an individual than a public entity DOJ FCPA enforcement action.

As highlighted in this post, since NPAs and DPAs were first introduced to the FCPA context, 83% of corporate DOJ enforcement actions that were the result of a criminal indictment or resulted in a guilty plea by the corporate entity to FCPA violations resulted in related criminal charges of company employees.  By comparison, only 6.5% of corporate DOJ FCPA enforcement actions resolved solely with an NPA or DPA resulted in related criminal charges of company employees.  These data points are useful in assessing the quality and legitimacy of many corporate DOJ FCPA enforcement actions.  Instead of asking the ”but nobody was charged” question, the more appropriate question ought to be – do NPA and DPAs always represent provable FCPA violations.

As highlighted in this post, 64% of the individuals charged by the SEC with FCPA civil offenses since 2008 have been in just five cases.  There have been 57 corporate SEC FCPA enforcement actions since 2008 and in 45 actions (or 79%) there have not (at least yet) been any SEC charges against company employees.  This data point is likewise useful in assessing the quality and legitimacy of many corporate SEC FCPA enforcement actions.  Instead of asking the “but nobody was charged” question, the more appropriate question ought to be, given the SEC’s neither admit nor deny settlement policy, whether such settlements always represent provable FCPA violations.

All of the above facts and figures were assembled using the “core” approach as well as the definition of an FCPA enforcement action described in this prior post.