Speaking at a June 10 event, Criminal Division Chief Matthew Galeotti formally declared an end to the FCPA enforcement pause.  Just one day earlier, the U.S. Department of Justice (DOJ) issued updated guidance realigning FCPA priorities with the national security and economic objectives outlined in President Trump’s February Executive Order.  Under the new framework, prosecutors must now obtain senior-level approval before initiating any new FCPA cases.  Enforcement efforts will concentrate on serious, high-dollar bribery schemes—especially those involving foreign companies that disadvantage U.S. businesses or threaten American interests.

Key DOJ Priorities Going Forward

• Foreign Companies that Undermine U.S. Competitors: DOJ will prioritize cases involving foreign firms whose corrupt practices denied U.S. companies fair access to markets or government contracts, or otherwise resulted in economic injury to U.S. persons.  This aligns with earlier signals from DOJ that enforcement would increasingly target foreign companies whose misconduct disadvantaged “law-abiding” American businesses—a trend expected to intensify under Trump 2.0.
• Cartels and Criminal Networks: Prosecutors are directed to prioritize FCPA cases that enable or are connected to cartels and transnational criminal organizations (TCOs)—particularly those involving bribes from cartels or TCOs or the use of money launderers or shell companies to launder illicit funds for cartels or TCOs.  Schemes that support or enable cartel or TCO operations will be top enforcement targets, especially in regions where these groups undermine governance and economic stability. 
• Safeguarding National Security: DOJ will prioritize corruption cases in sectors considered essential to national security—such as defense, infrastructure, and critical minerals—particularly where foreign bribery was used to secure access to strategic assets.
• Serious, High-Dollar Bribery Schemes: DOJ will deprioritize minor courtesies, targeting instead large bribes, money laundering, and deliberate concealment or obstruction—especially schemes unlikely to be prosecuted overseas.

Navigating the New FCPA Landscape

The DOJ’s new approach may reduce certain risk for U.S. companies but raises the stakes for foreign companies in high-risk regions and sectors.  DOJ’s guidance will help all multi-nationals as they update and enhance risk assessments as part of their respective compliance programs.  FCPA enforcement under Trump 2.0 is likely to intensify as a tool against perceived foreign economic threats.  Bottom line: FCPA enforcement is back, and companies competing with U.S. firms abroad should pay close attention.

Additional authors: A. Scott Bolden, Charles Hewetson, Scott Marrah, Adria Perez