Soon after being sworn in, President Trump issued Executive Orders identifying top administration priorities: combating illegal immigration, drug cartels, and unlawful DEI practices. Taking a similar tack, on her first day in office, February 5, 2025, Attorney General Pamela Bondi instructed the US Department of Justice ("DOJ" or "Department") to redirect its enforcement efforts from certain corporate crimes so that it could devote greater attention to the priorities outlined by the President. Across fourteen memoranda that promised more guidance to follow, Attorney General Bondi detailed changes that could transform the corporate enforcement landscape. This included a direction to the Foreign Corrupt Practices Act ("FCPA") Unit of the DOJ to "prioritize investigations related to foreign bribery that facilitates the criminal operations of Cartels and TCOs," or transnational criminal organizations, and to "shift focus away from investigations and cases that do not involve such a connection."
What You Need to Know:
- Soon after being sworn in, President Trump issued Executive Orders identifying top administration priorities: combating illegal immigration, drug cartels, and unlawful DEI practices. Attorney General Pamela Bondi's February 5, 2025 directives to US Department of Justice ("DOJ") employees show that the corporate enforcement landscape will shift to reflect those priorities during President Trump's second term.
- President Trump signed a February 10, 2025 Executive Order directing the Attorney General to review the guidelines and policies governing FCPA investigations and enforcement actions on the grounds that the DOJ's past application of the law has hindered US foreign policy objectives and placed American companies at a disadvantage compared to foreign competitors. Per the Executive Order, this review will result in new DOJ FCPA guidelines intended to enhance American economic competitiveness and to safeguard national security interests. During a 180-day review period, any new FCPA investigations and enforcement actions are suspended absent authorization from Attorney General Bondi, and all existing FCPA investigations and enforcement actions will be reviewed. Additionally, after the Attorney General issues revised guidelines, the Executive Order directs her to assess whether "remedial measures" related to past FCPA actions are warranted.
- While it is difficult to predict the impact of these Executive Orders and DOJ memos on the corporate enforcement landscape, companies subject to US jurisdiction should closely monitor the Department's implementation of this guidance—including revised FCPA enforcement guidelines—and carefully assess risks that they face in connection with the Department's new priorities. Additionally, companies regulated by foreign authorities should take care to continue to appropriately assess risks of non-US enforcement.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
