On February 21, 2025, prosecutors told a New Jersey federal court that they will proceed to trial next month against two former technology company executives accused of bribery under the Foreign Corrupt Practices Act (“FCPA”). This development follows President Trump’s February 10th Executive Order pausing enforcement of the FCPA for 180 days and tasking Attorney General Pam Bondi with reviewing all existing FCPA investigations and enforcement actions to ensure they “restore proper bounds on FCPA enforcement and preserve Presidential foreign policy prerogatives.” 

Per the Executive Order, the Department of Justice (“DOJ”) prioritized its review of the longstanding overseas corruption case and concluded that President Trump’s “pause” on FCPA enforcement will not prevent prosecutors from moving forward with the case.  The former company executives were indicted in 2019 for allegedly authorizing a $2 million bribe to an Indian official to expedite a construction permit for a project in Chennai. The case has faced years of delay, due to witness availability issues, and a series of motions based upon the defendants’ claim that DOJ had impermissibly used the company’s outside investigation as a substitute for DOJ performing its own investigation. Their long-anticipated prosecution will therefore proceed, with trial expected to begin on March 3.

As we noted in our prior alert on this topic, FCPA enforcement is not dead just yet. This decision further underscores the need for companies to remain vigilant in their anti-bribery and corruption programs and ensure a top-down culture of compliance. The DOJ’s decision to proceed with this FCPA case also reinforces its commitment to holding senior executives accountable, signaling that enforcement actions against individuals will continue despite broader policy shifts.

Authors: Daniel Ahn, Evan Barr, Mark Bini, Michael Lowell, Rizwan Qureshi, Katherine Seikaly, Thomas Suddath, Kaela Dahan, Natalia Terezakis, Rafael Szmid, Anthony Todd