The SEC settled its enforcement action against Petrobras on September 27, 2018 for violations of the FCPA’s internal controls and books-and-records provisions, as well as violations related to misstatements in its SEC filings. Petrobras agreed to pay $933,473,797—consisting of $711,000,000 in disgorgement and $222,473,797 in prejudgment interest. This amount will be reduced by any payment made to the class action Settlement Fund in the matter of In re Petrobras Securities Litigation, No. 14-cv-9662 (S.D.N.Y.).
Petrobras also agreed to pay a monetary penalty of $853,200,000, ten percent of which will be paid pursuant to the non-prosecution agreement Petrobras entered into with the DOJ. Petrobras will also receive credit for up to $682,560,000 for any payment it makes to Brazilian authorities in connection with this matter.