The podcast dives into the DOJ's renewed focus on FCPA enforcement, raising questions about how this might affect global businesses. There’s a shift towards prosecuting individuals rather than just corporations, which could change liability dynamics. With U.S. Attorneys gaining more autonomy, enforcement could become broader and faster. The conversation also covers how this renewed emphasis prioritizes cases linked to national interests and transnational crime, adding layers to the compliance landscape.
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insights INSIGHT
Decentralized FCPA Enforcement
DOJ is decentralizing FCPA enforcement by empowering U.S. Attorneys across 94 districts to prosecute independently with less oversight.
This can lead to broader and faster enforcement despite fewer attorneys in the main FCPA Unit.
insights INSIGHT
Focus on Individual Accountability
DOJ focuses FCPA enforcement on prosecuting individuals rather than corporations when misconduct can't be clearly linked to senior leaders.
This limits overbroad corporate liability based on collective knowledge doctrines.
volunteer_activism ADVICE
Expedite FCPA Investigations
DOJ aims to expedite FCPA investigations, targeting resolution within two to three years instead of prolonged cases lasting five to six years.
Faster investigations reduce negative impacts on businesses and their employees during lengthy probes.
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Has the pendulum swung back on FCPA enforcement - and will companies be ready when it hits? Is the DOJ’s renewed push on FCPA enforcement a strategic shift - or just old wine in a new bottle?
In this episode, Michael discusses the return of the Justice Department to the FCPA enforcement arena. In a significant development, DOJ announced the resumption of FCPA enforcement, accompanied by a new set of enforcement guidance principles. This guidance is more than policy - it’s a statement of priorities and strategy that will shape how FCPA investigations and prosecutions unfold. While the number of attorneys in DOJ’s FCPA Unit has declined, U.S. Attorneys' Offices across 94 districts now have increased authority to investigate and prosecute FCPA cases with less oversight. The result? Potentially broader, faster, and more decentralized enforcement. As always, the devil is in the details - and the June 9 DOJ FCPA Guidance Memo delivers plenty.
You'll hear him discuss:
DOJ’s renewed emphasis on prosecuting individuals over corporations, especially when misconduct can’t be directly linked to senior leadership
How companies may now have stronger arguments to avoid liability if the wrongdoing is isolated to a small group
Expanded autonomy for U.S. Attorneys’ Offices and what this means for enforcement volume and consistency
The DOJ’s prioritization of cases that directly impact U.S. national interests and corporate competitiveness
Increased scrutiny of links to cartels and transnational criminal organizations, including risks hidden in supply chains and third-party relationships
The push for faster, more efficient investigations to avoid the years-long white-collar case backlog
Guidance on when facilitating payments, gifts, or travel fall under FCPA exceptions - and why these rarely matter in major prosecutions
Why cooperation, early disclosure, and individual accountability may now be companies’ best bet for avoiding charges altogether
The DOJ’s sharpened focus on national security sectors like defense, critical infrastructure, and technology
Corruption Crime & Compliance