On the heels of the Gunvor FCPA settlement for $661 million, DOJ announced its settlement with Trafigura, the latest commodities trading company to fall under DOJ’s FCPA Sweep against the industry.  Trafigura joined the list of international commodity trading companies to suffer FCPA enforcement actions — Vitol, Sargeant Marine, Glencore, Freepoint, and Gunvor.

DOJ’s corporate resolutions are connected to individual prosecutions and guilty pleas of 19 individuals, including six government officials, eight corrupt intermediaries and five trading companies. 

Trafigura Beheer B.V. (“Trafigura”), based in Switzerland, plead guilty and agreed to pay $126 million as part of a plea agreement to resolve FCPA violations in Brazil.  Trafigura pleaded guilty to conspiracy to violate the anti-bribery provisions of the FCPA and agreed to pay fine of over $80 million and forfeiture of $46 million.  DOJ agreed to credit up to $26 million of the fine against amounts Trafigura pays to resolve an ongoing Brazil investigation.