On July 22, 2019, Microsoft finally resolved its FCPA enforcement action with a whimper. Notwithstanding prior suggestions that Microsoft’s investigation uncovered global conduct, Microsoft’s liability focused primarily on Microsoft’s conduct in Hungary. Even with the tailored settlement agreement, DOJ and the SEC reiterated robust expectations surrounding third-party distributor networks, particularly in the software industry.

To resolve a lengthy six and one-half year investigation, Microsoft entered into a non-prosecution agreement with the Justice Department and an administrative settlement with the SEC. Under the three-year NPA, a Microsoft subsidiary in Hungary, Microsoft Magyarorszag Kft paid $8.75 million criminal penalty. Microsoft agreed to disgorge $13.78 million to the SEC, plus prejudgment interest of $2.78 million.

In this Episode, Michael Volkov reviews the Microsoft FCPA settlement and outlines the lessons learned.