Deciphering Mixed Signals: The Impact of ABB Ltd.’s (Third) FCPA Resolution

On December 2, 2022, the Swiss-based global technology company ABB Ltd. (ABB) entered into a three-year deferred prosecution agreement (DPA) and agreed to pay over $315 million in criminal penalties in connection with violations of the FCPA. ABB subsidiaries ABB Management Services Ltd. and ABB South Africa (Pty) Ltd. have each pleaded guilty of conspiracy to violate the anti-bribery provisions of the FCPA.

The DOJ’s action is part of a coordinated global settlement that includes the SEC and government authorities in South Africa, Switzerland, and Germany. In the SEC’s parallel case, ABB has agreed topay $75 million in civil penalties.