FCPA Enforcement Resumes With Heightened Risk for U.S. Competitors
Date: 06/13/25
On June 9, 2025, the U.S. Department of Justice (“DOJ” or the “Department”) issued guidance signaling a return to enforcement of the Foreign Corrupt Practices Act (“FCPA”), with a new focus on misconduct that “directly undermines U.S. national interests” and causes harm to “specific and identifiable American companies or individuals.” The DOJ’s memorandum, signed by Deputy Attorney General Todd Blanche, follows a February 10, 2025, Executive Order, “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security” (“E.O. 14209”), which had directed the Attorney General to pause FCPA actions for up to six months while the Department evaluated whether to proceed with existing matters and considered its priorities for future enforcement. This return to enforcement means that companies should continue to be vigilant towards FCPA compliance, as we urged in our February article, Perspective on the Pause – Putting DOJ’s New FCPA Enforcement Approach Into Context, Cahill Gordon & Reindel LLP (February 13, 2025).
As discussed below, this has become particularly important for those non-U.S. companies that have jurisdictional links to the U.S., as they seem to be the most likely targets for future enforcement, particularly if they compete directly with U.S. firms.
CGR Alert - FCPA Enforcement Resumes With Heightened Risk for U.S. Competitors.pdf (pdf | 224.18 KB )