UNITED STATES OF AMERICA

Before the

SECURITIES AND EXCHANGE COMMISSION

SECURITIES EXCHANGE ACT OF 1934 

Release No. 99617 / February 28, 2024

ADMINISTRATIVE PROCEEDING

File No. 3-21610

In the Matter of 

Fluor Corporation,

Respondent.

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ORDER APPOINTING FUND 

ADMINISTRATOR, SETTING 

ADMINISTRATOR’S BOND AMOUNT, 

AND AUTHORIZING PAYMENT OF 

FEES AND EXPENSES

ADMINISTRATIVE PROCEEDING

File No. 3-21612

In the Matter of 

Jon Eric Best,

Respondent.

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ADMINISTRATIVE PROCEEDING 

File No. 3-21613

In the Matter of 

James F. Brittain,

Respondent.

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ADMINISTRATIVE PROCEEDING 

File No. 3-21614

In the Matter of 

Robin K. Chopra, CA,

Respondent.

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2

ADMINISTRATIVE PROCEEDING 

File No. 3-21615

In the Matter of 

Bradley R. Scott,

Respondent.

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ADMINISTRATIVE PROCEEDING 

File No. 3-21616

In the Matter of 

Kent N. Smith,

Respondent.

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On September 6, 2023, the Commission issued six separate, but related settled orders 

(collectively, the “Orders”) against Fluor Corporation (“Fluor”),1Jon Eric Best (“Best”),2James 

F. Brittain (“Brittain”),

3 Robin K. Chopra, CA (“Chopra”),4 Bradley R. Scott (“Scott”),5

and 

Kent N. Smith (“Smith”)6(collectively, the “Respondents”). In the Orders, the Commission 

1

 Order Instituting Cease-and-Desist Proceedings, Pursuant to Section 21C of the Securities Exchange Act of 1934, 

Making Findings, and Imposing a Cease-and-Desist Order, Exchange Act Rel. No. 98292 (Sept. 6, 2023) (Admin. 

Proc. File No. 3-21610. 

2

 Order Instituting Cease-and-Desist Proceedings, Pursuant to Section 21C of the Securities Exchange Act of 1934, 

Making Findings, and Imposing a Cease-and-Desist Order, Exchange Act Rel. No. 98293 (Sept. 6, 2023) (Admin. 

Proc. File No. 3-21612.

3

 Order Instituting Cease-and-Desist Proceedings, Pursuant to Section 21C of the Securities Exchange Act of 1934, 

Making Findings, and Imposing a Cease-and-Desist Order, Exchange Act Rel. No. 98294 (Sept. 6, 2023) (Admin. 

Proc. File No. 3-21613.

4

 Order Instituting Cease-and-Desist Proceedings, Pursuant to Section 21C of the Securities Exchange Act of 1934, 

Making Findings, and Imposing a Cease-and-Desist Order, Exchange Act Rel. No. 98295 (Sept. 6, 2023) (Admin. 

Proc. File No. 3-21614.

5

 Order Instituting Cease-and-Desist Proceedings, Pursuant to Section 21C of the Securities Exchange Act of 1934, 

Making Findings, and Imposing a Cease-and-Desist Order, Exchange Act Rel. No. 98296 (Sept. 6, 2023) (Admin. 

Proc. File No. 3-21615.

6

 Order Instituting Cease-and-Desist Proceedings, Pursuant to Section 21C of the Securities Exchange Act of 1934, 

Making Findings, and Imposing a Cease-and-Desist Order, Exchange Act Rel. No. 98297 (Sept. 6, 2023) (Admin. 

Proc. File No. 3-21616.
3

found that Fluor and five former and current officers and employees improperly accounted for 

two large-scale, fixed-price construction projects. Fluor bid on these projects, relying on overly 

optimistic cost and timing estimates. Following each project's contract award, Fluor experienced 

cost overruns that worsened over time. Yet, Fluor failed to maintain a system of internal 

accounting controls sufficient to account for these contracts in accordance with U.S. Generally 

Accepted Accounting Principles (GAAP). These failings resulted in inaccurate books and 

records and ultimately in materially misstated financial statements included in periodic reports 

filed with the Commission. 

In their respective Orders, the Commission ordered Fluor to pay $14,500,000; Best to pay 

$15,000; Brittain to pay $25,000; Chopra to pay $15,000; Scott to pay $25,000; and Smith to pay 

$20,000 in civil money penalties to the Commission, for a collective total of $14,600,000.00. In 

each of the Orders, the Commission also created a Fair Fund, pursuant to Section 308(a) of the 

Sarbanes-Oxley Act of 2002, so the penalties collected can be distributed to harmed investors. 

In the Order against Fluor, the Commission ordered that the Fair Fund created may be combined 

with or receive funds from proceedings arising out of the same conduct that is the subject of the 

order; and in each of the other Orders, the Commission ordered that the Fair Fund created may

be combined with the Fair Fund created in the Order against Fluor.

Respondents have substantially paid in full.7 In accordance with the Orders, the 

$14,599,980.00 collected from the Respondents has been combined (collectively, the “Fair 

Fund”) and deposited in a Commission-designated account at the U.S. Department of the 

Treasury for distribution to harmed investors. Any additional funds collected from the 

7 All Respondents have paid in full except for Chopra, who has paid $14,980 of the $15,000 ordered.
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Respondents pursuant to the Orders, along with any accrued interest will be added to the Fair 

Fund.

The Division of Enforcement (the “Division”) now seeks the appointment of JND Legal 

Administration (“JND”) as the fund administrator and requests that the administrator’s bond be 

set at $14,599,980.00. JND is included in the Commission’s approved pool of administrators.

The Division further requests that the Commission authorize the Office of Financial 

Management (“OFM”), at the direction of an Assistant Director of the Office of Distributions, to 

pay the Fund Administrator’s fees and expenses from the Fair Fund, so long as the total amount 

paid to the Fund Administrator, including the invoice to be paid, does not exceed the total 

amount of the approved cost proposal submitted by the Fund Administrator.

Accordingly, IT IS HEREBY ORDERED that:

A. JND is appointed as the Fund Administrator, pursuant to Rule 1105(a) of the 

Commission’s Rules on Fair Fund and Disgorgement Plans (“Commission’s 

Rules”);8

B. JND shall obtain a bond in accordance with Rule 1105(c) of the Commission’s 

Rules,9in the amount of $14,599,980.00; 

C. the Fund Administrator will submit invoices to the Commission staff for services 

rendered, in accordance with Rule 1105(d) of the Commission’s Rules;10 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, 

in accordance with Rule 1105(e) of the Commission’s Rules,11 so long as the total 

8

 17 C.F.R. § 201.1105(a).

9

 17 C.F.R. § 201.1105(c).

10

 17 C.F.R. § 201.1105(d).

11

 17 C.F.R. § 201.1105(e).
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amount paid to the Fund Administrator, including the invoice to be paid, does not 

exceed the total amount of the approved cost proposal submitted by the Fund 

Administrator.

For the Commission, by the Division of Enforcement, pursuant to delegated authority.12

Vanessa A. Countryman

Secretary 

12

 17 C.F.R. § 200.30-4(a)(17) and 17 C.F.R. § 200.30-4(a)(21)(vi).