HP Pays Large Sum to Settle Foreign Corrupt Practices Act Charges

By Jon C. Ogg Published Apr 9, 1:00PM EDT

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Paying out $108 million to settle Foreign Corrupt Practices Act charges may sound expensive on the surface, but for a company like Hewlett-Packard Co. (NYSE: HPQ) it may be cheaper than it sounds if you consider its size. HP announced on Wednesday that it has reached a resolution of a Department of Justice and Securities and Exchange Commission investigation of potential violations of the Foreign Corrupt Practices Act (FCPA).

The company’s press release shows that HP will pay approximately $108 million to these two U.S. government agencies in a settlement. HP has also agreed to make certain compliance, reporting and cooperation obligations. Hewlett-Packard said in its statement:

The misconduct described in the settlement was limited to a small number of people who are no longer employed by the company. HP fully cooperated with both the Department of Justice and the Securities and Exchange Commission in the investigation of these matters and will continue to provide customers around the world with top quality products and services without interruption.

This is not the first such instance in which the Foreign Corrupt Practices Act has come up, but any technology giant or multinational corporation would confirm that it is not that uncommon. What stands out here is that HP’s market cap is almost $62 billion.

As far as the size of typical settlements under the FCPA, they are all over the board. An unrelated figure from a firm named Mayer-Brown said the following in January of 2014:

First, the DOJ’s long-vaunted promises of leniency in return for voluntary disclosures appear to have been honored to some extent — companies that self-reported FCPA violations in 2013 typically received fines well below the ranges established in the Federal Sentencing Guidelines.

Second, nearly all of the alleged misconduct in this year’s major enforcement actions took place prior to 2009, and as long ago as 2002, demonstrating that time alone does not heal the wounds of FCPA exposure; if a potential violation from the distant past comes to light, companies should still determine their legal risks and evaluate what remedial actions might be necessary.

Third, and perhaps most significantly, the size of the settlements and fine payments has continued to grow significantly. A mere six years ago, the largest DOJ and SEC combined settlement in history totaled only $44 million. Today, that figure would fall at the far low end of the range. It is now common for combined civil and criminal FCPA penalties to reach into the hundreds of millions of dollars.

About the Author Jon C. Ogg →

Jon Ogg has been a financial news analyst since 1997. Mr. Ogg set up one of the first audio squawk box services for traders called TTN, which he sold in 2003. He has previously worked as a licensed broker to some of the top U.S. and E.U. financial institutions, managed capital, and has raised private capital at the seed and venture stage. He has lived in Copenhagen, Denmark, as well as New York and Chicago, and he now lives in Houston, Texas. Jon received a Bachelor of Business Administration in finance at University of Houston in 1992. a673b.bigscoots-temp.com.