Disgorgement & Penalty Information
Resolutions
Cease and Desist Order
Undertakings: "Respondent (i) agrees to appear and be interviewed by Commission staff at such times and places as the staff requests upon reasonable notice; (ii) will accept service by mail or facsimile transmission of notices or subpoenas issued by the Commission for documents or testimony at depositions, hearings, or trials, or in connection with any related investigation by Commission staff; (iii) agrees to appoint an agent to receive service of such notices and subpoenas; (iv) with respect to such notices and subpoenas, waives the territorial limits on service contained in Rule 45 of the Federal Rules of Civil Procedure and any applicable local rules, provided that the party requesting the testimony reimburses Respondent’s travel, lodging, and subsistence expenses at the then-prevailing U.S. Government per diem rates; and (v) consents to personal jurisdiction over Respondent in any United States District Court for purposes of enforcing any such subpoena."
Cooperation Before the Resolution
Remedial Acts or Efforts Before the Resolution
Fair Funds
Monetary Penalties:
Civil Penalty
Individual:
$14,500,000.00
Shared:
Related Documents:
2023-170
06-Sep-2023
Press Release--Administrative Proceeding
SEC Charges Fluor Corp. for Accounting Improprieties
On September 6, 2023, the SEC "announced that Irving, Texas-based Fluor Corporation will pay $14.5 million to settle charges stemming from the company’s improper accounting on two large-scale, fixed-price construction projects. Five former and current officers and employees also agreed to settle related charges for causing Fluor’s violations."
34-98914
13-Nov-2023
Administrative Proceeding
Extension Order
The Commission ordered that: "the Division’s request for an extension of time until August 30, 2024, to submit a Proposed Plan of Distribution is granted."
34-99144
12-Dec-2023
Administrative Proceeding
Order Appointing Tax Administrator
The Commission ordered that: "Miller Kaplan Arase LLP is appointed as the Tax Administrator for the QSF in the above-referenced proceeding. For the Commission, by the Division of Enforcement, pursuant to delegated authority."
34-99617
28-Feb-2024
Administrative Proceeding
Order Appointing Fund Administrator, Setting Administrator's Bond Amount, and Authorizing Payment of Fees and Expenses
The Commission ordered that: "A. JND is appointed as the Fund Administrator . . .; B. JND shall obtain a bond . . . in the amount of $14,599,980.00; C. the Fund Administrator will submit invoices to the Commission staff for services
rendered . . . ; and D. at the direction of an Assistant Director of the Office of Distributions, OFM is
authorized to pay the Fund Administrator’s fees and expenses from the Fair Fund."
34-100376
18-Jun-2024
Administrative Proceeding
Notice of Proposed Plan of Distribution and Opportunity for Comment
The Commission stated: "Notice is hereby given . . . that the Division of Enforcement has submitted to the Commission a proposed plan of distribution (the "Proposed Plan") for the distribution of monies paid in the above-captioned matter."
Proposed Plan of Distribution
The Commission stated: "The Division of Enforcement submits this Proposed Plan of Distribution (the "Plan") to the United States Securities and Exchange Commission (the "Commission") . . . . This Plan provides for the distribution of a Fair Fund (the "Fair Fund"), comprised of civil money penalties collected from Fluor Corporation ("Fluor"); Jon Eric Best; James F. Brittain; Robin K. Chopra, CA; Bradley R. Scott; and Kent N. Smith (collectively, the "Respondents") in the above-captioned matters."
34-100754
16-Aug-2024
Administrative Proceeding
Order Approving Plan of Distribution
The Commission ordered that: "the Proposed Plan is approved, and the approved Plan of Distribution shall be posted simultaneously with this order on the Commission's website at https://www.sec.gov/"
34-100754-dp
16-Aug-2024
Administrative Proceeding
Plan of Distribution
The Commission stated: "The Division of Enforcement submits this Plan of Distribution (the "Plan") to the United States Securities and Exchange Commission (the "Commission") pursuant to Rule 1101 of the Commission's Rules on Fair Fund and Disgorgement Plans (the "Commission's Rules"), 17 C.F.R. § 201.1101. This Plan provides for the distribution of a Fair Fund (the "Fair Fund"), comprised of civil money penalties collected from Fluor Corporation ("Fluor"); Jon Eric Best; James F. Brittain; Robin K. Chopra, CA; Bradley R. Scott; and Kent N. Smith (collectively, the "Respondents") in the above-captioned matters."
