FCPA Penalties

Penalties for individuals: Anti-bribery provisions

  • Civil penalty up to $10,000
  • Criminal fine up to $250,000 and or imprisonment up to 5 years
  • Under the Alternative Fines Act, the fine may be increased to twice the gross financial gain or loss resulting from the corrupt payment.
  • A criminal fine imposed on an individual cannot be paid directly or indirectly by the company on whose behalf the person acted.

Penalties for entities: Anti-bribery provisions

  • Civil penalty up to $10,000
  • Criminal fine up to $2 million
  • The Alternative Fines Act may increase the criminal fine to twice the gain or loss resulting from the corrupt payment.

Penalties for individuals: Accounting provisions

  • Civil penalty up to $100,000
  • Criminal fine up to $5 million or twice the gain or loss caused by the violation, and or imprisonment up to 20 years
  • Fines cannot be paid directly or indirectly by the company on whose behalf the person acted.

Penalties for entities: Accounting provisions

  • Civil penalty up to $500,000
  • Criminal fine up to $25 million or twice the gain or loss caused by the violation