On January 31, the U.S. Securities and Exchange Commission (SEC) posted Notice of Covered Actions (NoCAs) for two recent Foreign Corrupt Practices Act (FCPA) enforcement actions. The actions, taken against ABB Ltd, a global electrification and automation technology company, and Honeywell International Inc., a U.S.-based global manufacturer of aerospace, building technologies, and automation products, stem from charges of bribery schemes.
The NoCAs signal that the SEC is now accepting whistleblower award claims for the cases. Through the SEC Whistleblower Program, qualified whistleblowers, individuals who voluntarily provide original information that leads to a successful enforcement action, are entitled to monetary awards of 10-30% of the sanctions collected by the SEC in the case.
The SEC charged ABB with engaging in a bribery scheme in South Africa. ABB agreed to pay $75 million to settle the charges.
According to the SEC, “from 2015 through 2017, ABB executives in Switzerland and South Africa colluded with a high-ranking government official at Eskom, an electricity provider owned by the South African government, to funnel bribes to the official through complicit third-party service providers with whom the government official had close personal relationships.” The SEC alleges that ABB paid a $37 million bribe in order to obtain a $160 million contract.
“Notwithstanding prior FCPA-related violations and known corruption risks throughout its operations, ABB lacked...
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