Much of the discussion this year in the FCPA space has focused on President Trump’s February Executive Order “pausing” DOJ FCPA enforcement.
The “pause” lasted 118 days (during which various aspects of FCPA – and related – enforcement did occur) and ended in June.
Since then, the DOJ has brought a corporate FCPA enforcement action as well as an individual FCPA enforcement action.
The SEC of course has FCPA enforcement powers as well (as to issuers and associated persons). but there has not been any FCPA enforcement actions by the SEC since late December 2024 – a gap of approximately 8 months.
However, similar gaps in SEC FCPA enforcement have previously occurred.
- In 2024, there was an approximate 8 month gap in enforcement actions.
- In 2021, there was an approximate 6 month gap in enforcement actions.
- In 2017, there was an approximate 6 month gap in enforcement actions.
- In 2013, there was an approximate 5 month gap in enforcement actions.
September of course is just around the corner and the month has traditionally been an active month for SEC FCPA enforcement as the SEC’s fiscal year ends.
