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The total monetary value of the enforcement action is derived from the enforcement documents filed or otherwise produced by the DOJ or SEC or both. The Settlement includes all criminal and civil penalties imposed on the highest-level entity and all related entities named in the enforcement action documents, as well as special assessments, forfeiture, disgorgement, and prejudgment interest, without regard to where the DOJ and / or SEC said the money would or could be paid. A more detailed explanation is here.
In the case of Odebrecht’s FCPA settlement, it wasn’t clear where on the list it should appear so we left it off.
Here’s why. In 2016 the DOJ assessed total criminal penalties against Odebrecht of $2.6 billion, with ten percent of that payable in the United States and the rest payable to authorities in Brazil and Switzerland. Soon after the FCPA resolution, Odebrecht said its ability to pay had been impaired because of lost business. The DOJ then reduced the U.S. share of the criminal penalties down from $260 million to $93 million. After that, however, Odebrecht declared bankruptcy, throwing into doubt how much of the global criminal penalties, if any, the company will pay in any country.
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