Trump Administration Hits Pause on FCPA Enforcement
whatshot 5 snips
Feb 17, 2025
The Trump administration's decision to pause FCPA enforcement raises concerns about corporate accountability. This shift aims to boost U.S. competitiveness but may harm global anti-corruption efforts. The podcast explores how businesses might adapt their compliance strategies amidst this uncertainty. It also highlights a focus change within the DOJ, shifting from corporate bribery cases to targeting cartels and transnational organizations. As other countries intensify their enforcement, the implications for international business practices are significant.
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insights INSIGHT
FCPA Enforcement Paused
The Trump administration paused FCPA enforcement for 180 days, citing harm to US competitiveness.
This move aims to reassess anti-bribery enforcement and prioritize economic interests.
insights INSIGHT
Recurring Debate on FCPA Enforcement
The pause on FCPA enforcement aims to address concerns about overenforcement and unpredictable standards.
These arguments mirror those made in 2009-2010, highlighting a recurring debate.
insights INSIGHT
FCPA's Impact on Global Competitiveness
The Trump administration argues that FCPA enforcement hinders US companies in global markets, raising national security concerns.
This is a policy argument about the impact of compliance costs on global competitiveness.
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What happens when an entire era of anti-corruption enforcement is put on pause? Is this a strategic move to bolster American businesses or a dangerous rollback of corporate accountability? In an unprecedented move, the Trump administration has hit the brakes on FCPA enforcement for at least 180 days, citing concerns over U.S. economic competitiveness and national security. In this episode of Corruption, Crime, and Compliance, Michael Volkov breaks down the implications of this game-changing executive order. The executive order claims that FCPA enforcement has been stretched beyond its original intent, harming American businesses while benefiting foreign competitors. With the Department of Justice now ordered to reassess its approach to anti-bribery enforcement, the business and legal communities are left wondering—what happens next? Will companies adjust their compliance strategies, or will global enforcement trends keep them in check?
You'll hear him discuss:
The Trump administration’s rationale for halting FCPA enforcement and why the decision was both surprising and expected
The executive order’s directive to the Attorney General to reassess FCPA investigations and enforcement priorities
The shift in DOJ focus from corporate bribery cases to prosecuting cartels and transnational criminal organizations
The potential impact on global anti-corruption efforts, as countries like the UK, France, and Brazil continue enforcing their own bribery laws
The uncertainty surrounding DOJ’s forthcoming guidance and what companies should anticipate in the next 180 days
The broader implications for corporate compliance programs, risk assessments, and international business strategy
The historical context of past efforts to reform the FCPA and why similar arguments were made over a decade ago
The potential for companies to seek remedial measures for past FCPA enforcement actions and the challenges in implementing such a policy
How this shift in enforcement priorities may affect corporate ethics, internal investigations, and global compliance expectations
Corruption Crime & Compliance