Phil Mattera

The 2024 Corporate Rap Sheet

My colleagues and I collected more than 22,000 new entries for the U.S. version of Violation Tracker this year. We also launched Violation Tracker Global, which contains cases brought against large corporations in 52 countries. Here are some of the most notable cases of the year from both databases.

McKinsey and Opioids. McKinsey, the leading management consulting firm, had to pay $650 million in criminal and civil penalties to resolve a U.S. Justice Department (DOJ) case concerning its work for the disgraced pharmaceutical company Purdue Pharma. McKinsey was charged with conspiring with Purdue to “turbocharge” sales of OxyContin while misleading users about the addiction risks of the opioid.

TD Bank and Money Laundering. TD Bank N.A., a U.S. subsidiary of Canada’s Toronto-Dominion, pleaded guilty and agreed to pay $1.9 billion in fines and forfeiture to resolve DOJ charges that it violated the Bank Secrecy Act by failing to file reports on suspicious transactions and thereby facilitated money laundering by criminal networks.

BHP, Vale and a Mining Disaster. Mining giants BHP and Vale, co-owners of the Samarco joint venture, agreed to a US$31 billion settlement to resolve litigation brought by Brazilian communities destroyed by the 2015 Mariana mine-waste dam collapse that killed 19 people and polluted 400 miles of rivers.

Raytheon and Fraud and Bribery. Raytheon Company, a subsidiary of military contractor RTX (formerly known as Raytheon Technologies), agreed to pay over $950 million to resolve a DOJ criminal investigation into a major fraud scheme involving defective pricing on certain government contracts and violations of the Foreign Corrupt Practices Act and the Arms Export Control Act.

3M and PFAS. A federal judge in South Carolina gave final approval to a class action settlement in which 3M agreed to pay an estimated $12.5 billion to more than 10,000 public water systems to resolve allegations that PFAS chemicals produced by the company for use in firefighting foam ended up contaminating water sources.

Apple and Improper Tax Breaks. The European Commission ordered Apple to repay 13 billion euros to Ireland after determining that the special tax breaks the company had been receiving for 16 years amounted to a form of illegitimate state aid.

Meta Platforms and Biometric Data. Facebook parent Meta Platforms agreed to pay $1.4 billion to the Texas Attorney General’s office to settle a lawsuit alleging it improperly captured biometric data from millions of users for its facial recognition system without the authorization required by state law.

Teva Pharmaceuticals and Copaxone. The European Commission fined Teva 462 million euros for abusing its dominant position to delay competition to Copaxone, its medication for the treatment of multiple sclerosis. The Commission found that Teva artificially extended the patent protection of Copaxone and systematically spread misleading information about a competing product to hinder its market entry and uptake.

Uber Technologies and Wage Theft. Uber paid $148 million to settle a case brought by the Massachusetts Attorney General alleging that it violated state wage and hour law in the way it paid its drivers. The agreement also required the company to begin paying a minimum wage of $32.50 an hour and providing benefits such as paid sick leave. The case also targeted Lyft, which paid $27 million.

Glencore and Bribery. The Office of the Attorney General of Switzerland ordered commodities trading company Glencore to pay a penalty equal to about $152 million for failing to take steps to prevent the bribery of government officials in the Democratic Republic of Congo by a business partner.

Walgreens and False Claims. Walgreens Boots Alliance Inc. and Walgreen Co. agreed to pay $106 million to the DOJ to resolve alleged violations of the False Claims Act and state statutes for billing government health care programs for prescriptions never dispensed.

Veolia and a Workplace Death. A British subsidiary of France’s Veolia Group pleaded guilty to breaching the Health and Safety at Work Act after a worker died and another was seriously injured while decommissioning a North Sea gas rig. The Health and Safety Executive fined the company £3 million and ordered it to pay £60,000 in costs.

Goldman Sachs and Apple Card Users. The U.S. Consumer Financial Protection Bureau ordered Goldman Sachs to pay $64 million in fines and redress for mishandling customer service breakdowns affecting thousands of Apple Card holders. These failures meant that consumers faced long waits to get money back for disputed charges and some had incorrect negative information added to their credit reports.

You can find many more examples of the year’s corporate scandals in Violation Tracker and Violation Tracker Global. There is every reason to believe there will be many more cases for the Trackers to document in the coming year.

Trump Recruits Regulatory Rulebreakers

The new Trump Administration will not be the first to staff many of its top positions from the private sector; Trump himself filled his first cabinet with various corporate types. This time around, however, these business figures are coming aboard amid an atmosphere in which norms and rules regarding conflicts of interest and ethics are falling by the wayside.

This starts, of course, at the top. Trump has signaled that he will do even less than in 2017 to separate himself from his family’s ventures. Now, as ProPublica points out, he will also be the first president to take office as the majority owner of a publicly traded company, Trump Media & Technology Group.

In its most recent 10-Q quarterly filing, issued on election day, Trump Media listed as one of the risk factors for its investors the fact that Trump was the subject of numerous legal proceedings. By getting himself elected, Trump has in effect removed many of these risks, given the Justice Department prohibition against prosecuting a sitting president.

The question now is what steps he may take once in office to protect the company itself from oversight. Trump’s choice of Paul Atkins, described as a “regulatory skeptic,” to head the Securities and Exchange Commission will be a boon both to Trump Media and all publicly traded companies.

Trump’s picks for his cabinet and other top positions include numerous figures from the private sector who are currently affiliated with corporations that stand to benefit from a weakening of regulatory protections in various areas. These include companies with a history of misconduct. Here are some examples, drawing on data from Violation Tracker.

Howard Lutnick: Secretary of Commerce. Lutnick is the chief executive of the investment banking and brokerage firm Cantor Fitzgerald, which has racked up more than $50 million in penalties. This includes a $10 million fine paid to the SEC in 2022 for failing to comply with recordkeeping requirements.

Chris Wright: Secretary of Energy. Wright, an executive at Liberty Energy, which does business as Liberty Oilfield Services, is an outspoken defender of fracking and an ardent climate denier. Earlier this year, the company paid $265,000 to settle allegations from the Equal Employment Opportunity Commission that Black and Latino workers at its operations in Odessa, Texas were subjected to a hostile environment, including racial slurs. According to the EEOC, management took no correction action when informed of the problem. Liberty has also been cited numerous times by the Occupational Safety and Health Administration, including a 2021 case in which it was fined $55,000 for serious and repeated infringements.

Stephen Feinberg: Deputy Defense Secretary. Feinberg is the co-chief executive of the private equity firm Cerberus Capital Management. The portfolio firms controlled by Cerberus include Hospitality Staffing Solutions, which was fined $58,000 by the Labor Department for wage and hour violations, and Cyanco, which was fined $52,000 by the EPA. Cerberus used to own military contractor DynCorp, which has been involved in numerous controversies, including a case in which it paid $7.7 million to settle allegations of submitting false claims to the Department of State.

Frank Bisignano: Commissioner of the Social Security Administration. Bisignano is the chief executive of the payments company Fiserv. In 2020 Fiserv subsidiary First Data paid $40.2 million to the Federal Trade Commission to resolve allegations it knowingly processed payments and laundered credit card transactions for scams that targeted hundreds of thousands of consumers.

Additional examples come from the make-believe agency known as the Department of Government Efficiency, whose main cheerleader, Elon Musk, heads companies such as Tesla that have clashed with regulators and paid fines.

Not all of Trump’s picks are migrants from the corporate sector. There are also Fox News hosts, rightwing public officials and MAGA ideologues. There is even the wild card RFK Jr., who is critical of the food and drug industries.

Yet the new Trump government will have plenty of people who have come through the reverse revolving door and are likely to promote policies that benefit their former employers and Corporate America in general. The fact that many of them will be veterans of companies with a history of misconduct should make them enthusiastic supporters of Trump’s assault on regulatory safeguards.

If there is an opposite to economic populism, this is it.

The DOGE Blind Spot

Donald Trump and Elon Musk, both masters at making grandiose statements that usually have little substance, are at it again in the creation of the Department of Government Efficiency. The two, along with provocateur Vivek Ramaswamy, are dressing up the prosaic act of creating an advisory committee into something that will supposedly transform the federal government.

In a manifesto published in the Wall Street Journal, Musk and Ramaswamy vowed that DOGE will “cut the federal government down to size.” Saying the entity will work closely with the Trump Administration’s Office of Management and Budget, they plan to “pursue three major kinds of reform: regulatory rescissions, administrative reductions and cost savings.”

At this point it is difficult to assess whether Musk and Ramaswamy, who seem to be largely ignorant of federal regulatory and budgetary processes, can make any of this happen. Yet what strikes me as most significant is the issue missing from their stated agenda: federal procurement.

The DOGE principals have been taking repeated potshots at federal agencies and civil servants but have been largely silent about the other major player when it comes to public spending: the companies that are paid some $759 billion each year to provide goods and services.

Musk and Ramaswamy make passing reference to procurement in their manifesto, suggesting the issue is poor agency management of the process. Yet the real problem is contractor fraud.

A Government Accountability Office report published in April estimated total direct financial losses to the federal government from fraud at $233 billion to $521 billion per year. While some of this comes from corrupt activities of individuals or criminal enterprises, a substantial portion can be attributed to mainstream corporations, including many household names.

When such companies are found to be cheating, they are usually charged under the False Claims Act, an 1863 law that had its origins in the prosecution of unscrupulous suppliers to the Union Army during the Civil War. Today, the FCA is used to get misbehaving firms to pay a monetary penalty without facing the risk of criminal prosecution.

In Violation Tracker we document nearly 4,000 federal and related state FCA cases over the past 25 years, with total penalties of $58 billion. Healthcare companies such as Tenet, HCA, and Centene have penalty totals in excess of $1 billion. Pentagon contractors Boeing, Northrop Grumman, General Dynamics, and Lockheed Martin have each paid out hundreds of millions. Also high on the list are pharmaceutical producers such as Pfizer and Merck as well as information technology firms such as Oracle and Hewlett Packard Enterprise.

These penalties do not arise from isolated examples. Many of the big firms are penalized over and over for contracting offenses. Lockheed Martin, for example, has paid FCA penalties in 16 different cases. Large companies are almost never debarred from continuing as federal contractors.

Pentagon contractors seem to have little to worry about from DOGE or the Trump Administration. The president-elect reportedly plans to nominate Stephen Feinberg to the job of deputy defense secretary. Feinberg is the co-chief executive of Cerberus Capital Management, a private equity firm with a history of investing in weapons producers.

It is not surprising that DOGE is choosing to target federal employees rather than contractors. After all, Musk is the head of companies that do a great deal of business with Uncle Sam. SolarCity Corporation, acquired by Musk and now part of Tesla Energy, had previously paid $29 million in an FCA case.

Contractors in general are poised to thrive under Trump 2.0. In fact, one might view DOGE not as an effort to shrink government but rather as a way of generating more work for contractors. If the headcount of some agencies is reduced, those functions may not disappear but instead could be outsourced to the private sector.

That would be a boon to service contractors such as Booz Allen Hamilton, which last year paid $377 million to settle an FCA case involving improper billing, and Conduent, which in 2022 paid $7.9 million to settle an FCA case involving the submission of false claims to the Department of Education.

By paving the way for more federal contracting and thus more contractor fraud, DOGE may end up increasing rather than reducing government waste and abuse.

Making America Underinsured Again

Health insurance policy was not a major topic during a presidential campaign dominated by talk of immigration, inflation, reproductive rights, and threats to democracy. The issue’s main appearance was during the September debate, when Trump made his much-ridiculed remark about having “concepts of a plan” to replace the Affordable Care Act.

Now it turns out that Republicans have chosen healthcare as one of their priority issues as they prepare to assume full control of Congress. The Washington Post reports that GOP lawmakers and Trump advisers are discussing significant cuts in Medicaid—both the traditional part of the program designed to provide coverage for those in poverty as well as the expansion to middle income families that made up part of Obamacare.

This would serve several purposes. First, the purported savings would make it easier to gain support for an extension of the 2017 tax cuts scheduled to expire at the end of next year. Extending the giant giveaways to corporations and the wealthy would add an estimated $4 trillion to the national debt. Offsetting some of that with Medicaid reductions would allow Republicans to depict themselves as fiscally responsible.

It would also fit into the campaign being spearheaded by Elon Musk to give the impression that the new administration is going to do something about government waste.

There is no indication, however, that either Musk or Congressional Republicans intend to target the real culprits behind any wasteful spending in the Medicaid system: improper and fraudulent billing by healthcare providers and the inflated prices of prescription drugs.

Instead, the crusade against Medicaid will apparently focus on the phony issue of work requirements. This is the same scheme used by conservatives for decades to undermine safety net programs: make exaggerated claims about abuse and use this to justify complicated new eligibility rules that are designed to eject large numbers of beneficiaries. In the case of Medicaid, this will be coupled with cuts in the subsidies that make premiums more affordable for those receiving coverage through the ACA exchanges. Millions of people would have to drop out of their plans.

Reducing government costs for traditional Medicaid and ACA subsidies is just one part of the Republican strategy. The other aim is to push people from government programs entirely and place them at the mercy of the private insurance marketplace.

Trump’s concept of a plan is not entirely fiction. He and other Republicans do have an alternative to Obamacare: junk insurance. Their idea is to replace the decent coverage mandated by the ACA with bare-bones policies that are inexpensive but which provide little in the way of actual financial protection.

This is nothing new. Starting in the 1990s, large insurers such as Aetna, now owned by CVS, began selling such policies to low-income individuals who did not get employer coverage and could not qualify for Medicaid. These policies had low premiums but sky-high deductibles and numerous exclusions. In cases of a serious accident or illness, they were all but worthless. The ACA curbed this predatory market by establishing a set of essential benefits that most plans would have to include.

During the first Trump administration, Congressional Republicans repeatedly sought to abolish or cripple the ACA and allow junk insurance to return. They now seem poised to work with Trump 2.0 to try it again.

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The New Swamp

During his 2016 campaign, Donald Trump led his supporters to believe he would “drain the swamp” by ending the influence of special interests over government. This time around, he did not bother to make such a vow. In fact, Trump himself can be seen as the ultimate special interest: his entire campaign was largely motivated by the desire to make his legal entanglements disappear. And that is already beginning to happen.

A close second in the self-promotion department goes to Elon Musk, who shamelessly used his wealth to sway the election in Trump’s favor and ingratiate himself and his business interests with the new administration. He has already been rewarded by being named to co-lead a new entity called the Department of Government Efficiency (DOGE), which will recommend ways to slash federal spending and regulation. Musk’s main aim may be to protect the hefty contracts and subsidies his space and electric vehicle businesses enjoy while eliminating those going to his competitors.

He could also target rules that his businesses have been charged with violating. For example, Tesla has been fined dozens of times by OSHA for workplace safety violations and is the subject of investigations about the safety of its autonomous driving systems. His SpaceX business has had disputes with agencies such as the EPA.

Musk’s co-head of DOGE is to be Vivek Ramaswamy, the one-time presidential candidate and anti-ESG crusader who is involved with business interests such as the pharmaceutical company Roivant Sciences, which also stands to benefit from a reordering of federal policies.

Corporate executives and billionaires have long sought to alter regulatory practices through their political influence. Musk and Ramaswamy are taking corporate capture to a new level by getting themselves installed in positions designed to decimate oversight—while continuing their private sector activities.

Trump’s cabinet picks are likely to include others with checkered business records and conflicts of interest. The president-elect is thus seeking to ram through the nominations by pressuring the Senate to allow him to make recess appointments that circumvent the confirmation process.

Key posts are also being handed to MAGA zealots whose main qualification is unquestioning loyalty to Trump. That applies to the selection of former Rep. Lee Zeldin to head the EPA. Zeldin once held relatively moderate positions on some environmental issues such as offshore drilling, but he has increasingly embraced pro-fossil-fuel views in recent years as he aligned himself with Trump.

Most troubling is the announcement by Trump that he will nominate Florida Rep. Matt Gaetz as attorney general. Gaetz, regularly described as a firebrand and a political bomb-thrower, seems perfectly prepared to carry out Trump’s vow to purge the Justice Department of those who participated in the supposedly politicized investigations of him for seeking to overturn the 2020 election and for improperly retaining classified documents. Gaetz may also be looking for payback in relation to a DOJ investigation of him for sex trafficking, which did not lead to criminal charges but Gaetz is still the subject of a House Ethics Committee investigation.

At the same time, Gaetz is likely to go along with Trump’s inclination to use the powers of the DOJ to prosecute his opponents, while possibly declining to pursue transgressions by Trump-friendly corporations and billionaires such as Musk.

It has been only a week since the election, but the second Trump Administration already seems poised to usher in a wave of self-dealing, conflicts of interest, and personal vendettas: the New Swamp.

Brazil Extracts Billions from Mining Giants

When multinational mining companies are implicated in disasters in the Global South they often get away with paying minimal amounts in compensation to the communities or workers involved. Brazil recently broke that pattern by negotiating a settlement worth over US$30 billion.

That amount will be paid out by mining giants BHP and Vale in connection with the 2015 Mariana disaster in which a tailings dam at the iron ore mine operated by their joint venture Samarco collapsed and unleashed a torrent of waste that killed 19 people and contaminated 400 miles of the Doce River.

Under the agreement, BHP and Vale, which have already been compelled to pay out about US$8 billion, will provide another US$23 billion over the next 20 years to affected communities and public authorities. The amounts cover water clean-up costs, health programs infrastructure repairs and improvements, and a flood response fund. Also included are funds for education, the needs of women, fishing, food security, and income support for vulnerable populations. The companies are, in effect, being compelled to finance a parallel social welfare system.

BHP and Vale both have histories of harmful impacts that extend well beyond the Mariana disaster. BHP, headquartered in Australia, took its current form as a result of the 2001 merger of the company previously known as Broken Hill Proprietary and Billiton, originally a Dutch company. It has been at the center of environmental controversies concerning its operations in countries such as Chile, Guatemala, India, and the United States. For example, in 2022 it was fined the equivalent of US$8 million by environmental authorities in Chile for damage caused by excessive water extraction in the Salar de Atacama salt flat.

Vale, headquartered in Brazil, was implicated in another even worse mining disaster in its home country. Three years after the Mariana incident, a tailings dam near Brumadinho in the state of Minas Gerais collapsed, releasing a mudflow that engulfed houses, farms and roads and killed more than 250 people, most of whom were company employees. The toxic deluge also destroyed 300 acres of native forest and polluted 200 miles of the Paraopeba River.

In 2021 Vale agreed to pay US$7 billion in compensation to the state government. It probably got off easy, given that evidence emerged suggesting that Vale executives had been warned about safety risks with the dam. In the wake of those revelations, Brazilian authorities brought homicide charges against the chief executive of the company, Fabio Schvartsman. Those charges were dismissed earlier this year, but relatives of the victims are seeking to have them reinstated.

Apart from the environmental penalties, Vale got in trouble with the U.S. Securities and Exchange Commission for making false and misleading statements to investors about the safety of its dams. In 2023 the company had to pay US$55 million to settle the matter.

The substantial penalties being paid in Brazil by BHP and Vale will provide needed relief to the affected communities, yet it is unclear whether the amounts are enough to get corporations with annual revenues in the $40-50 billion range to fundamentally change their ways.

Military Contractors Return to Their Old Ways

In the 1980s and 1990s the big military contractors developed a reputation as some of the most corrupt major corporations in the United States. They were at the center of numerous scandals involving brazen overcharging in their dealings with the Pentagon, and they were often accused of providing defective equipment. Because the Defense Department was so dependent on them, these companies continued to be awarded lucrative contracts.

By the 2000s, the weapons makers were no longer in the spotlight as other industries such as the giant banks, Big Pharma, and the oil majors came to be viewed as the main corporate villains. After the arms companies got involved in arming the Ukrainian government to resist the 2022 Russian invasion, some ESG investors began to argue that the likes of Raytheon and Northrop Grumman should no longer be excluded from ethical portfolios.

A recent announcement by the Justice Department suggests that the military contractors have not changed their old ways. DOJ reported that Raytheon Company, now a subsidiary of a parent company known as RTX, is paying $950 million to resolve allegations in several categories.

First, it was accused of cheating the federal government by providing “false and fraudulent information to the DOD during contract negotiations concerning two contracts with the United States for the benefit of a foreign partner — one to purchase PATRIOT missile systems and the other to operate and maintain a radar system.” The deception caused the government to pay Raytheon $111 million more than it should have received. To settle this case, which is one of very few contract matters handled as a criminal offense, Raytheon paid a penalty of $147 million.

The second allegation involved additional instances in which the company provided “untruthful certified cost or pricing data when negotiating prices with the DOD for numerous government contracts and double billed on a weapons maintenance contract.” Raytheon paid a whopping $428 million to settle this civil action.

The third allegation involved bribes paid to a high-level official of the Qatari Air Force to obtain contracts. To resolve charges under the Foreign Corrupt Practices Act, paid a criminal fine of $230 million and other penalties. This and the other criminal charge were resolved through two deferred prosecution agreements, meaning that the company did not have to enter a guilty plea.

DOJ’s actions came less than two months after RTX paid $200 million to the State Department’s Directorate of Defense Trade Controls to resolve allegations of violating the International Traffic in Arms Regulations (ITAR) in connection with unauthorized defense exports.

Raytheon is not the only military contractor that has been slipping back into corrupt practices. Earlier this year, Sikorsky Services, a subsidiary of Lockheed Martin, agreed to pay $70 million to resolve allegations it was involved in a scheme to overcharge the Navy for spare parts and materials needed to repair and maintain the primary aircraft used to train naval aviators. Also this year, Boeing was fined $51 million for violating export control laws in its dealings with countries such as China. Last year, a subsidiary of L3Harris Technologies agreed to pay $21.8 million to resolve allegations that it violated the False Claims Act by knowingly submitting contract proposals in which the cost of certain parts was included twice.

Perhaps it is time to return the weapons companies to a prominent place in the corporate hall of shame.

Big Banks and Dirty Money

Toronto-Dominion has joined the dubious club of large companies that have paid a penalty of $1 billion or more in a single case of misconduct. It achieved that distinction with the recent slew of announcements by the U.S. Justice Department and several financial regulators that the book was being thrown at the Canadian bank’s U.S. subsidiary TD Bank for widespread failures in meeting its obligations to prevent the use of its operations for money laundering by criminals and tax evaders.

TD Bank was hit with $1.9 billion in criminal fines by the DOJ and more than a billion from the Federal Reserve, the Office of the Comptroller of the Currency, and the Treasury Department’s Financial Crimes Enforcement Network. It all came to $3.09 billion in penalties. Adding these to Toronto-Dominion’s previous cases documented in Violation Tracker raises the bank’s aggregate penalties in the U.S. to nearly $4 billion, far and away the highest total for any parent company headquartered in Canada.

Looking specifically at penalties for anti-money-laundering (AML) deficiencies, Toronto-Dominion is now at the top of the list in that category, overtaking Denmark’s Danske Bank, which has hit with $2 billion in criminal fines by the DOJ in 2022.

Other banks with the highest penalties for AML and related Bank Secrecy Act violations include: JPMorgan Chase ($811 million), HSBC ($665 million), U.S. Bancorp ($528 million), Deutsche Bank ($491 million), and Capital One ($390 million). The non-bank with the largest total is Western Union at $740 million.

AML violations are not limited to the United States. In the new Violation Tracker Global, which covers cases against large corporations in 45 countries (including the U.S.), AML is one of the most frequent offenses, with total penalties equal to more than $20 billion imposed by regulators and courts in three dozen countries.

The U.S. by far contributes the most ($15 billion) to that total. Other countries with the most AML penalties against large corporations include Australia, the Netherlands, and the United Kingdom, each with between $1 billion and $2 billion. Next are Denmark and Sweden with totals between $500 million and $700 million.

Outside the United States, the largest individual AML cases include: a $916 million penalty in Australia against Westpac Banking Corporation; a $900 million penalty in the Netherlands against ING Bank; a $675 million penalty in Denmark against Danske Bank; a $575 million penalty in the Netherlands against ABN AMRO; a $529 million penalty in Australia against Commonwealth Bank; a $397 million penalty in Sweden against Swedbank; and a $350 million penalty against NatWest in the United Kingdom.

Toronto-Dominion had one AML penalty outside the U.S.—a penalty equal to less than $7 million in its home country of Canada.

These figures suggest that large banks everywhere have a problem complying with AML restrictions. That is probably because doing business with clients flush with dubious cash is simply too lucrative for them to resist. Large penalties imposed in the U.S. and a few other countries may have some deterrent effect, but regulators and prosecutors need to find more effective forms of punishment.

Note: The new TD Bank cases will be added to Violation Tracker and Violation Tracker Global as part of updates that are being prepared.

Violation Tracker Goes Global

Violation Tracker Global has arrived. The new database, covering corporate crime and misconduct in 45 countries, is free to search at violationtrackerglobal.org.

VT Global is structured much like the U.S. and UK versions of Violation Tracker, but with an important difference: it focuses exclusively on cases linked to a universe of 1,600 large multinational corporations and their subsidiaries in the period since 2010. The database contains more than 50,000 penalties imposed on those companies by 700 regulatory agencies and other government bodies, including subsets of the data from the U.S. and the UK Trackers. Other countries covered are from both the Global North (such as Canada, Australia, Japan, South Korea, and 17 members of the European Union) and the Global South (such as Brazil, Mexico, South Africa, and India). More countries will be added in the future.

The cases in Violation Tracker Global are divided into eight broad offense groups: Competition/Antitrust, Consumer Protection, Employment, Environment, Financial, Government Contracting, Healthcare, and Safety. Each entry is also tagged with one of about 100 more specific offense categories, such as privacy/data protection violations, bribery, money laundering, and workplace safety. Penalties are shown both in the original currency and the U.S. dollar equivalent at the time of the penalty announcement.

Because of agency disclosure limitations, Violation Tracker Global does not have data in every category for all 45 countries. Particularly frustrating is the fact that regulators in numerous countries, including most of those in the European Union, do not make detailed enforcement information available in two categories: environmental and labor standards. Many of these same countries post extensive data on cases in categories such as banking, securities, and competition/antitrust. Where major cases have become public despite their absence from agency websites, we have created entries using reliable secondary sources.

This unevenness in disclosure practices is part of the reason financial institutions appear so prominently in Violation Tracker Global. The nearly 300 banks, insurance companies, and asset managers included in the database account for more than 40 percent of the total penalties, far more than any other sector. Seven of the 10 parent companies with the largest penalty totals are banks, including Bank of America, JPMorgan Chase, Wells Fargo, UBS, Citigroup, Goldman Sachs, and Deutsche Bank.

Banks are also the biggest repeat offenders. Looking only at penalties of $1 million or more, the parents with the most cases of that size are UBS (114), Bank of America (111), JPMorgan Chase (101), and Citigroup (98). Two banks, HSBC and Citigroup, have been penalized in more countries than any other parent companies.

Plenty of corporations other than banks have substantial penalty totals. These include Volkswagen ($30 billion), BP ($26 billion), and Apple ($19 billion). Overall, 95 parent companies have received $1 billion or more in cumulative penalties since 2010.

Violation Tracker Global is a work in progress. Going forward, my colleagues and I will add information from more countries and seek to fill gaps in the online data through methods such as open records requests. In some countries, however, strict privacy rules will prevent us from obtaining full data. The data we have assembled so far makes it clear that illegality on the part of giant corporations is a worldwide phenomenon.

We hope Violation Tracker Global will be a useful tool for those promoting corporate accountability everywhere.

The Corporate Lawbreakers Involved in the Port Labor Dispute

The decision by the International Longshoremen’s Association to strike ports on the East and Gulf Coasts has prompted numerous media outlets to produce unflattering stories about union president Harold Daggett and what is depicted as his lavish lifestyle.

I have not seen much reporting on the ILA’s adversaries—the corporate members of the employer group known as the United States Maritime Alliance. The group’s website lists about 40 members, among which are some of the largest multinational shipping corporations and terminal operators in the world.

These companies have become more familiar to me as I have been gathering data for the new Violation Tracker Global database, which my colleagues and I will release soon. USMA members show up frequently in data from regulatory agencies in various countries. Here is a preview of what Violation Tracker Global will reveal about these shippers.

One of the USMA members is an American subsidiary of Norway’s Wallenius Wilhelmsen Group. Since 2010, units of the shipping company have racked up regulatory penalties equal to more than US$440 million. Most of these were for anti-competitive practices. The biggest case was a $256 million penalty imposed by the European Commission in 2018 for participating in an illegal cartel controlling the market for vehicle shipping. Wallenius Wilhelmsen has also been fined in Australia, Brazil, China, Japan, Mexico, South Africa, South Korea and the United States.

Another USMA member is a unit of Japan’s Kawasaki Kisen Kaisha, known as K Line. Since 2010, K Line has been penalized more than $240 million for similar anti-competitive practices. The largest case was a $67 million criminal fine imposed by the U.S. Justice Department for participation in a conspiracy to fix prices, allocate customers, and rig bids for shipping services for roll-on, roll-off cargo, such as cars and trucks. K Line has also been fined in Australia, Canada, Chile, China, India, Italy, Japan, Mexico, Singapore, South Africa, and South Korea.

One of the biggest USMA members is Denmark’s Maersk, which participates directly and through its subsidiaries APM Terminals and Hamburg Sud. Since 2010, Maersk and all its subsidiaries have racked up about $45 million in penalties. The largest portion of that was a 2012 U.S. case in which Maersk Line Limited had to pay the federal government $31.9 million to resolve allegations that it submitted false claims in connection with contracts to transport cargo in shipping containers to support U.S. troops in Afghanistan and Iraq. Among other things, Maersk units were fined by Russian authorities for anti-competitive practices and by British authorities for an offshore oil spill.

Also on the membership list is CSAV, a Chilean shipping company whose fines in Violation Tracker Global amount to $25 million. Those include competition cases brought by the European Commission and in China, Italy, Mexico, South Africa, South Korea, and the United States. France’s CMA CGA has total fines of just under $25 million. It was also fined by the European Commission and in Brazil, France, Italy, the United Kingdom, and the United States.

Opponents of the ILA are arguing that the union’s fight against automation will impede efficiency and lead to higher shipping costs. Yet, as the information in Violation Tracker Global will show, the shippers themselves have already been boosting costs through price-fixing and other anti-competitive practices across their global operations.

Violation Tracker Global will be available starting on October 8 at:
https://violationtrackerglobal.goodjobsfirst.org/