This post provides a summary of Foreign Corrupt Practices Act enforcement activity and related developments from the second quarter of 2025. (See here for a similar post from the first quarter).
DOJ Enforcement (Corporate)
There were no corporate FCPA enforcement actions brought by the DOJ in the second quarter.
DOJ Enforcement (Individual)
There were no new individual FCPA enforcement actions brought by the DOJ in the second quarter.
SEC Enforcement (Corporate)
There were no corporate FCPA enforcement actions brought by the SEC in the second quarter.
SEC Enforcement (Individual)
There were no individual FCPA enforcement actions brought by the SEC in the second quarter.
The pace of FCPA enforcement activity in the second quarter is no doubt attributable to several factors: a change in Presidential administrations and the February 10th Executive Order “Pausing” DOJ FCPA enforcement which “ended” late in the second quarter.
Other Developments or Items of Interest
As highlighted here, on April 2nd, a judge granted a DOJ request to dismiss a 2019 criminal indictment against former Cognizant executive Gordon Coburn and Steven Schwartz in connection with an alleged Indian bribery scheme. This prior post, set forth the many reasons (legal and factual) why the enforcement action was unusual.
As highlighted here, in mid-May the DOJ Criminal Division released various policy materials relevant to corporate enforcement. Included in the materials was a memo to Criminal Division Personnel with a subject line “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime.” The memo touched upon many issues long the focus of prior DOJ policy memos such as individual accountability, incentivizing voluntary disclosure and cooperation, the goal of efficient investigations, and the use of monitors.
As highlighted here, on June 9th DOJ Deputy Attorney General Todd Blanche issued a memo to the head of the DOJ Criminal Division titled “Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act.” See here for a related DOJ speech.
As discussed in posts here and here, many of the topics discussed in the FCPA Guidelines are not new.
Among other things, the FCPA Guidelines ended the so-called FCPA enforcement “pause” established by President Trump’s February 10th Executive Order. This post highlights the many FCPA and related developments during the 118 day “pause.”
As highlighted here, Tim Leissner (the former Southeast Asia Chairman at Goldman Sachs) was finally sentenced after pleading guilty in 2018 for paying bribes to various Malaysian and Abu Dhabi officials in connection with 1Malaysia Development Berhad (1MDB), Malaysia’s state-owned and state-controlled investment development company. This post provided the perspective of Goldman Sachs in connection with the sentencing.
As highlighted here, FCPA defendant Roger Alejandro Pinate Martinez moved to dismiss an indictment charging him with FCPA and related offenses. As highlighted here, FCPA defendant Carl Zaglin moved to dismiss an indictment charging him with FCPA and related offenses.
