As highlighted in this prior post, in April 2025, shortly after President Trump issued an Executive Order titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security,” California Attorney General Rob Bonta issued a “Legal Advisory” titled “Alert to Businesses on Violations of the Foreign Corrupt Practices Act” to remind businesses that “violations of the FCPA are actionable under California’s Unfair Competition Law.”
As sure as dogs bark, some commentators pounced suggesting that a “new chapter of FCPA enforcement” has begun as California (and perhaps other states) may become a “new sheriff in town” and bring FCPA-related enforcement actions. (It is sometimes amusing to look back at certain commentary isn’t it).
As noted here, it was all a bit strange and the challenge was issued (and still remains) for anyone to identify any “FCPA-like” enforcement action ever brought by the Attorney General of California or any state for that matter.
Attorney General Bonta has struck again issuing this Legal Alert titled “Alert to Businesses on Violations of Federal Anti-Corruption Laws.”
It begins:
“The Attorney General issues this alert to remind businesses operating in California that it is illegal to pay bribes or prohibited gratuities to federal officials to obtain or retain business. Federal laws prohibiting bribery, including 18 U.S. Code § 201, et seq., remain binding federal law, regardless of the priorities and behavior of the current federal administration, and violations of those laws are actionable under California’s Unfair Competition Law (UCL).
[…]
The Attorney General emphasizes the need for all businesses and individuals to continue complying with all applicable laws, including federal bribery laws, regardless of the federal administration’s conduct or priorities.”
In this press release, Bonta states:
“Despite the tone from the top of the Trump Administration, corruption remains illegal. […] I’m reminding businesses in California that bribing federal officials is illegal under California law. Corruption is corrosive to democracy. Our great nation and the Golden State do not thrive on corrupt attempts to profit from government power, and we do not intend to start now — corruption is still illegal and will not be tolerated.”
