Following the issuance of E.O. 14209, Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security, on February 10, 2025, the Department of Justice ("DOJ") has announced that it will be resuming enforcement of the Foreign Corrupt Practices Act ("FCPA") with refreshed oversight. A memo issued by Deputy Attorney General Todd Blanche on June 9, 2025, lays out the administration's new priorities, urging prosecutors to:
- Focus on serious misconduct, stating: “FCPA investigations and enforcement actions shall not focus on alleged misconduct involving routine business practices or the type of corporate conduct that involves de minimis or low-dollar, generally accepted business courtesies. Rather, the focus of FCPA enforcement will be on alleged misconduct that bears strong indicia of corrupt intent tied to particular individuals…”;
- Prioritize national security and economic interests: enforcement efforts should be directed towards cases that directly undermine U.S. national security and economic competitiveness, particularly those involving foreign bribery that facilitates the operations of cartels and transnational criminal organizations ("TCOs");
- Focus on individual misconduct, noting: “prosecutors shall focus on cases in which individuals have engaged in criminal misconduct and not attribute nonspecific malfeasance to corporate structures…”;
- Assess collateral consequences: prosecutors must consider the potential negative impacts on lawful business operations and employees when evaluating FCPA enforcement actions;
- Act swiftly: communicating the need to "proceed as expeditiously as possible" in investigations.
In remarks on June 10, 2025, in New York, the head of the DOJ's Criminal Division, Matthew Galeotti, reinforced the restart of FCPA investigations by emphasizing the department's recently revised corporate enforcement policy, which benefits companies that voluntarily self-report violations. Galeotti noted that, "…this is the time for companies to self-report…and for those who don’t, we will move swiftly and aggressively to bring cases against individuals and companies. We will use all our tools and seek strong sentences."
The resumption of FCPA investigations consistent with the Blanche memo signals a far narrower approach by the DOJ to FCPA enforcement. This is further reinforced by the fact that nearly half of the DOJ's FCPA investigations have been closed. Despite this, it remains essential for companies to maintain robust anti-bribery compliance programs, and proactive risk management in the face of the resumption of FCPA enforcement.
This memorandum establishes guidelines to ensure that FCPA investigations and prosecutions are carried out in accordance with President Trump's directive by (1) limiting undue burdens on American companies that operate abroad and (2) targeting enforcement actions against conduct that directly undermines U.S. national interests.
https://www.justice.gov/dag/media/1403031/dl
