DOJ Resumes FCPA Enforcement with New Guidelines
In Short The Development: In response to President Trump’s February 10, 2025, Executive Order pausing DOJ FCPA enforcement (the “Executive Order”), on June 9, 2025, the DOJ issued new guidelines (the “Guidelines”), which prioritize the enforcement of serious individual misconduct that harms U.S. economic and national security interests. The Result: The Guidelines: (i) direct DOJ prosecutors to […]
Theodore Chung, Henry Klehm, and Karen Hewitt are Partners at Jones Day. This post is based on a Jones Day memorandum by Mr. Chung, Mr. Klehm, Ms. Hewitt, Samir Kaushik, James Loonam, and Hank Walther.
In Short
The Development: In response to President Trump’s February 10, 2025, Executive Order pausing DOJ FCPA enforcement (the “Executive Order”), on June 9, 2025, the DOJ issued new guidelines (the “Guidelines”), which prioritize the enforcement of serious individual misconduct that harms U.S. economic and national security interests.
The Result: The Guidelines: (i) direct DOJ prosecutors to focus on serious misconduct that results in economic injury to specific and identifiable American companies; (ii) reaffirm the emphasis that the Executive Order places on the enforcement of FCPA-related misconduct by cartels and transnational criminal organizations (“TCOs”); and (iii) emphasize enforcement with respect to U.S. infrastructure and U.S. national security interests.
Looking Ahead: The DOJ will now resume FCPA investigations and enforcement actions with an increased emphasis on serious misconduct impacting U.S. economic and national security interests. In light of the Guidelines and their impact on the assessment of enforcement risk, companies should review their anti-corruption policies and implement any necessary changes to their compliance programs to ensure that they adhere to the enforcement priorities outlined by the DOJ.
