The extent of false and misleading information in the public domain about the Foreign Corrupt Practices Act is alarming.
The latest false narrative is from Jeffrey Toobin, a lawyer and so-called legal analyst, who said on this podcast (approximately 7:30 minute mark) when talking about the DOJ that “we are no longer prosecuting that [the FCPA] anymore.”
The notion that the DOJ is no longer prosecuting the FCPA anymore is false.
In 2025, there were three (here, here, here) DOJ corporate FCPA enforcement actions (more DOJ corporate FCPA enforcement actions compared to 2021 and 2015).
In September, there was an FCPA trial in which an individual was convicted.
In December, there was an FCPA trial in which an individual was convicted.
Another FCPA trial is scheduled to begin in February.
Additional FCPA trials are scheduled for later in 2026.
We are in the midst of one of the more active periods of FCPA trials in the nearly 50 years of the law.
Yet, some lawyers and so-called legal analysts still insist that the DOJ is “no longer prosecuting that [the FCPA] anymore.”
Absurd.
