Mid-Year FCPA Report
This post highlights Foreign Corrupt Practices Act enforcement and related developments at the mid-point of 2026.
DOJ Enforcement (Individual)
Thus far in 2026, the DOJ has brought / unsealed FCPA charges against four individuals in three core actions.
As highlighted here, a few weeks prior to the March 2026, Balt enforcement action and based on the same alleged core conduct, the DOJ charged David Ferrera and Marc Tilman with FCPA and related offenses. Ferrera has pleaded not guilty – see here. As highlighted in the prior post, this matter is believed to be the first time the DOJ has ever charged individuals with FCPA offenses based on the theory that employees of certain foreign health care systems are “foreign officials” under the FCPA and thus occupy a status akin to a President or Prime Minister. This enforcement theory has been used approximately 35 times in corporate enforcement actions but has never been subjected to judicial scrutiny.
What You Need To Know From Q2
This post provides a summary of Foreign Corrupt Practices Act enforcement activity and related developments from the second quarter of 2026. See here for the first quarter of 2026.
DOJ Enforcement (Corporate)
The DOJ did not bring an FCPA enforcement action in the second quarter.
DOJ Enforcement (Individual)
As highlighted here, in April a January 2025 criminal information was unsealed charging Diego Bergonzi (a dual U.S. – Italian citizen who was a Vice President of Sales at Drillmec) with FCPA and related offenses in connection with a bribery scheme in Mexico involving Pemex. Bergonzi pleaded guilty and in April Judge David Hittner (S.D. Tex) ordered Bergonzi to forfeit $1,019,757 (the amount he obtained from the criminal offense). Judge Hittner noted that this “will be made part of the Defendant’s sentence and included in the judgement against him.”