A Christmas Classic
A Christmas classic from James McGrath, a valued colleague in the FCPA space with a candid wit, who passed away in 2014. The below post originally appeared on McGrath’s Internal Investigations Blog on December 24, 2012.
The allegations being investigated surround gifts being given by individual businessmen to the family of an Israeli government official a number of years ago. These businessmen – a Mr. Balthasar, a Mr. Gaspar, and a Mr. Melchior – supposedly provided a family in the royal line of King David with significant gifts, including gold, frankincense, and myrrh, in return for favorable consideration of an as-yet undetermined project in the Middle East.
What Is The “Shelf Life” For The “Pause” – 2.0
Earlier this week, this post posed the question “what is the ‘shelf life’ of the pause.”
The post noted that certain media coverage continues to mention the “pause” seemingly to advance various substantive assertions – all while failing to mention that the “pause” was brief, ended over six months ago, and FCPA enforcement has continued (in fact at a pace exceeding certain prior years such as 2021 and 2015).
I wasn’t anticipating publishing the same general post again this week, but the coverage continues.
What Is The “Shelf Life” For The “Pause”
In February 2025, President Trump “paused” DOJ FCPA enforcement.
The “pause” lasted a relatively brief 118 days during which various aspects of FCPA (and related) enforcement continued.
The “pause” ended over six months ago and since DOJ FCPA enforcement has continued. In fact, corporate DOJ FCPA enforcement in 2025 exceeds corporate DOJ FCPA enforcement in 2015 and 2021 and the current period is one of the most active periods in FCPA history in terms of FCPA trials as two trials occurred in the past four months and two additional trials are scheduled for early 2026.
Yet, certain media coverage continues to mention the “pause” seemingly to advance various substantive assertions – all while failing to mention that the “pause” was brief and ended over six months ago.
The FCPA Turns 48
Our favorite statute, the Foreign Corrupt Practices Act, turns 48 this week.
In signing the FCPA into law, President Jimmy Carter stated:
“I am pleased to sign into law S. 305, the Foreign Corrupt Practices Act of 1977 and the Domestic and Foreign Investment Improved Disclosure Act of 1977. During my campaign for the Presidency, I repeatedly stressed the need for tough legislation to prohibit corporate bribery. S. 305 provides that necessary sanction. I share Congress’s belief that bribery is ethically repugnant and competitively unnecessary. Corrupt practices between corporations and public officials overseas undermine the integrity and stability of governments and harm our relations with other countries. Recent revelations of widespread overseas bribery have eroded public confidence in our basic institutions.
Regarding Prizes And Recognitions …
Alexandra Addison-Wrage, President and Founder of Trace (a fee based “international business association dedicated to anti-bribery, compliance and good governance”) doesn’t like that President Trump received a “prize” from FIFA.
She writes: “FIFA’s decision to award its brand new “Peace Prize” to Donald Trump seemed less like a gesture toward global peace and unity and more a brazen exercise in pandering. The inaugural prize, which was created quietly, apparently without nominees, criteria, or any visible process, was handed out during the 2026 World Cup draw, with FIFA President Gianni Infantino hailing Trump for “extraordinary” actions for peace. It felt like Roman tribute. It was not the pageantry, but the hypocrisy, that makes the moment remarkable.”