Further Thoughts On The Bondi Memo
This prior post highlighted a recent memo issued by new Attorney General Pam Bondi titled “Total Elimination of Cartels and Transnational Criminal Organizations.”
The memo contained a section titled “Removing Bureaucratic Impediments to Aggressive Prosecutions” which addresses five areas of law to be “implemented for a period of 90 days and renewed or made permanent thereafter as deemed appropriate by the Office of the Attorney General and the Office of the Deputy Attorney General.”
Regarding the FCPA, the memo stated:
The Bondi Memo
Yesterday, new Attorney General Pam Bondi issued this memo titled “Total Elimination of Cartels and Transnational Criminal Organizations.”
The memo begins as follows.
“On January 20, 2025, President Trump directed the federal government to revise existing national security and counter-narcotics strategies to pursue total elimination of Cartels and Transnational Criminal Organizations (TCOs). This policy requires a fundamental change in mindset and approach. We must do more than try to mitigate the enormous harms these groups cause in America. It is not enough to stem the tide of deadly poisons, such as fentanyl, that these groups distribute in our homeland. Rather, we must harness the resources of the Department of Justice and empower federal prosecutors throughout the country to work urgently with the Department of Homeland Security and other parts of the government toward the goal of eliminating these threats to U.S. sovereignty.”
A Focus On DOJ Individual Actions
This recent post focused on SEC individual FCPA actions in 2024 and historically.
Today’s post highlights various facts and figures regarding the DOJ’s prosecution of individuals for Foreign Corrupt Practices Act offenses in 2024 and historically.
The key word above is FCPA offenses.
Some in the FCPA space include enforcement actions containing non-FCPA charges (often money laundering charges against alleged “foreign officials” or with increasing frequency money laundering charges against alleged bribe payors – see here) related to an FCPA enforcement action as an individual FCPA enforcement action. While it is fine to track such enforcement actions, calling them FCPA enforcement actions is factually false. (In fact, as highlighted in this prior post, approximately 55% of enforcement actions in recent years on the DOJ’s FCPA website are not actual FCPA enforcement actions).
DOJ FCPA Enforcement – 2024 Year In Review
This recent post summarized SEC Foreign Corrupt Practices Act enforcement against issuers in 2024.
Today’s post focuses on the other FCPA enforcement agency – the Department of Justice – and highlights various facts and figures relevant to DOJ FCPA enforcement in 2024 against business organizations. (See here for a similar post for 2023; here for for 2022; here for 2021; here for 2020; here for 2019; here for 2018; here for 2017, here for 2016, here for 2015, here for 2014, here for 2013, here for 2012, here for 2011, and here for 2010).
Settlement Numbers and Amounts
In 2024, the DOJ brought 9 corporate enforcement actions.
Meanwhile … At The FCPA’s “Dog And Pony Show”
The FCPA “dog and pony” show took place last week.
This year it was Chief Counselor Brent Wible who delivered the DOJ speech.
Topics addressed included looking “back at [the DOJ’s] achievements [in 2024] in the fight against foreign bribery; holding culpable individuals accountable; securing impactful corporate resolutions; and advancing the department’s corporate enforcement priorities and policies.”
Wible stated: