ADM’s $54 Million Civil and Criminal FCPA Settlement: Numerous Bribery Schemes, Tax Evasion and the Effect of Cooperation

Archer-Daniels-Midland Company (ADM) and various subsidiaries have resolved FCPA charges with the SEC and DOJ by paying $54 million and entering into a Non-Prosecution Agreement, a guilty plea and a consent decree related to the civil action. The company’s investigation of the various creative bribery schemes began in 2008 and the company’s cooperation played a role in a 33% fine reduction from the Sentencing Guidelines range and the lack of a monitor.  This article details the settlement and compares it to previous ones.  The ADM settlement was the final settlement of 2013, announced on December 20.  For details on the other 2013 corporate enforcement actions, see “FCPA Corporate Settlements of 2013: Details, Trends and Compliance Takeaways,” The FCPA Report, Vol. 2, No. 25 (Dec. 18, 2013).

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