This post provides a summary of Foreign Corrupt Practices Act enforcement activity and related developments from the first quarter of 2025.
DOJ Enforcement (Corporate)
There were no corporate FCPA enforcement actions brought by the DOJ in the first quarter.
DOJ Enforcement (Individual)
There were no corporate FCPA enforcement actions brought by the DOJ in the first quarter.
SEC Enforcement (Corporate)
There were no individual FCPA enforcement actions brought by the SEC in the first quarter.
SEC Enforcement (Individual)
There were no individual FCPA enforcement actions brought by the SEC in the first quarter.
The lack of FCPA enforcement activity in the first quarter is no doubt attributable to several factors: a change in Presidential administrations and the February 10th Executive Order “Pausing” DOJ FCPA enforcement.
Yet then again, as highlighted in the below chart, first quarter FCPA enforcement activity has generally been slow in the first quarter.
Other Developments or Items of Interest
As highlighted here, on February 5th Attorney General Pam Bondi issued a memo 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 Criminal Division’s Foreign Corrupt Practices Act Unit shall prioritize investigations related to foreign bribery that facilitates the criminal operations of Cartels and TCOs, and shift focus away from investigations and cases that do not involve such a connection. Examples of such cases include bribery of foreign officials to facilitate human smuggling and the trafficking of narcotics and firearms.
The requirements in Justice Manual § 9-4 7.110 requiring authorization by the Criminal Division for an investigation or prosecution of a case under the Foreign Corrupt Practices Act and Foreign Extortion Prevention Act, as well as the requirement that such investigations and prosecutions be conducted by trial attorneys of the Fraud Section, are suspended for all matters relating to foreign bribery associated with Cartels and TCOs. U.S. Attorney’s Offices shall provide the Foreign Corrupt Practices Act Unit with 24 hours’ advance notice of the intention to seek charges and make available to the Unit upon request any existing memoranda relating to the contemplated charges. No new or additional paperwork will be required by the Foreign Corrupt Practices Act Unit in connection with these notices and consultations.”
As highlighted here, on February 10th President Trump issued an Executive Order Titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security.”
For additional posts regarding the Executive Order see here, here, here, here, here, here, here, here, here, here, and here.
