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Home / Issues / US SEC and DOJ FCPA resolution with Petrobras (September 2018)

US SEC and DOJ FCPA resolution with Petrobras (September 2018)

Settledas of 31 Oct 2026United StatesPetroleo Brasileiro S.A. - Petrobrasdraft

Current status

Confirmed fact · as of 27 Sep 2018
Petrobras resolved the US FCPA matter via a DOJ non-prosecution agreement and a parallel SEC resolution; it did not plead guilty and was not criminally convicted in the US.
A U.S. Department of Justice, Office of Public Affairs (archived), Petroleo Brasileiro S.A. - Petrobras Agrees to Pay More Than $850 Million for FCPA Violations (27 Sep 2018) · retrieved 31 Oct 2026 · A U.S. Securities and Exchange Commission, Petrobras Reaches Settlement with SEC for Misleading U.S. Investors (Press Release 2018-215) (27 Sep 2018) · retrieved 31 Oct 2026
Unanswered question · as of 27 Sep 2018
The US resolutions reference an offset against the In re Petrobras Securities Litigation class-action settlement fund, but the primary DOJ/SEC records relied on here do not state that class action's settlement amount; it is therefore not asserted in this record.
A U.S. Securities and Exchange Commission, Petrobras Reaches Settlement with SEC for Misleading U.S. Investors (Press Release 2018-215) (27 Sep 2018) · retrieved 31 Oct 2026 · B Petroleo Brasileiro S.A. - Petrobras (SEC Form 6-K), Petrobras statement on agreements with U.S. and Brazilian authorities (27 Sep 2018) · retrieved 31 Oct 2026
Last reviewed 31 Oct 2026. An initial allegation is not the final event; this block is always shown.

How it unfolded

Issue raised · 27 Sep 2018
Proposition: US authorities alleged that Petrobras made materially false and misleading filings that concealed a bribery and bid-rigging scheme involving former executives, politicians and political parties in Brazil, in violation of the US Foreign Corrupt Practices Act books-and-records and internal-controls provisions and the securities laws, including statements connected to a USD 10bn stock offering in 2010.
Affected parties: Petroleo Brasileiro S.A. - Petrobras, U.S. Securities and Exchange Commission, U.S. Department of Justice, Brazil Ministerio Publico Federal
Originating record: A U.S. Securities and Exchange Commission, Petrobras Reaches Settlement with SEC for Misleading U.S. Investors (Press Release 2018-215) (27 Sep 2018) · retrieved 31 Oct 2026
Response · Petroleo Brasileiro S.A. - Petrobras · 27 Sep 2018
Attributed claim · as of 27 Sep 2018
Petrobras stated that the resolution 'is in Petrobras's best interest and that of its shareholders', emphasised that US and Brazilian authorities recognised the company as a victim of a scheme carried out by former executives, and noted that the DOJ non-prosecution agreement has it accept responsibility under US criminal law for books-and-records and internal-controls conduct, while the Brazilian MPF agreement attributes no liability to the company under Brazilian law. — Petroleo Brasileiro S.A. - Petrobras
B Petroleo Brasileiro S.A. - Petrobras (SEC Form 6-K), Petrobras statement on agreements with U.S. and Brazilian authorities (27 Sep 2018) · retrieved 31 Oct 2026
Outcome · U.S. Department of Justice (non-prosecution agreement) and U.S. Securities and Exchange Commission (administrative resolution), coordinated with Brazil's Ministerio Publico Federal · 27 Sep 2018
settlementbinding
Confirmed fact · as of 27 Sep 2018
On 27 September 2018 Petrobras entered a non-prosecution agreement with the DOJ (no guilty plea / no criminal conviction) carrying a USD 853.2m penalty for FCPA books-and-records and internal-controls violations, and resolved a related SEC matter requiring USD 933,473,797 in disgorgement and prejudgment interest. Of the USD 853.2m, the DOJ and the SEC each received 10% (about USD 85.32m each) and Brazilian authorities received the remaining 80% (about USD 682.56m). The SEC disgorgement was offset by payments to the In re Petrobras Securities Litigation class-action settlement fund.
A U.S. Securities and Exchange Commission, Petrobras Reaches Settlement with SEC for Misleading U.S. Investors (Press Release 2018-215) (27 Sep 2018) · retrieved 31 Oct 2026 · A U.S. Department of Justice, Office of Public Affairs (archived), Petroleo Brasileiro S.A. - Petrobras Agrees to Pay More Than $850 Million for FCPA Violations (27 Sep 2018) · retrieved 31 Oct 2026
Remedy: USD 853.2m criminal penalty under the DOJ NPA (split 10% DOJ / 10% SEC / 80% Brazil); USD 933,473,797 SEC disgorgement and prejudgment interest, offset by the related securities class-action settlement; continued cooperation and compliance reporting.
Appeal/review: none — Negotiated resolution; the DOJ non-prosecution agreement and SEC order were final on entry, subject to their compliance terms. A U.S. Department of Justice, Office of Public Affairs (archived), Petroleo Brasileiro S.A. - Petrobras Agrees to Pay More Than $850 Million for FCPA Violations (27 Sep 2018) · retrieved 31 Oct 2026

How to read this. Allegation, response and outcome are separate, dated records. "Decided/resolved" appears only where a cited outcome supports it. Materially affected parties can request a correction via Corrections & response.