Or Sanctions, and Remedies FCPA PENALTIES, SANCTIONS, AND REMEDIES What Are the Potential Consequences Fines imposed on individuals may not be paid by their for Violations of the FCPA? employer or principal.> The FCPA provides for different criminal and civil penalties for companies and individuals. U.S. Sentencing Guidelines When calculating penalties for violations of the FCPA, Criminal Penalties DOJ focuses its analysis on the US. Sentencing Guidelines For each violation of the anti-bribery provisions, the (Guidelines) in all of its resolutions, including guilty pleas, FCPA provides that corporations and other business enti- DPAs, and NPAs. The Guidelines provide a very detailed and ties are subject to a fine of up to $2 million.) Individuals, predictable structure for calculating penalties for all federal including officers, directors, stockholders, and agents of crimes, including violations of the FCPA. To determine the companies, are subject to a fine of up to $100,000 and appropriate penalty, the “offense level” is first calculated by imprisonment for up to five years.>” examining both the severity of the crime and facts specific to For each violation of the accounting provisions, the the crime, with appropriate reductions for cooperation and FCPA provides that corporations and other business enti- acceptance of responsibility, and, for business entities, addi- ties are subject to a fine of up to $25 million.>* Individuals tional factors such as voluntary disclosure, cooperation, pre- are subject to a fine of up to $5 million and imprisonment existing compliance programs, and remediation. for up to 20 years.># The Guidelines provide for different penalties for the Under the Alternative Fines Act, 18 U.S.C. § 357 1(d), different provisions of the FCPA. The initial offense level courts may impose significantly higher fines than those pro- for violations of the anti-bribery provisions is determined vided by the FCPA—up to twice the benefit that the defen- under