Corruption Crime & Compliance FCPA Update: Declination and New Indictment
Aug 25, 2025
10:11
Is the DOJ really changing its playbook on FCPA enforcement, or is it business as usual under a new administration? In this episode, Michael digs into two headline developments that say a lot about where things are headed - the first FCPA declination under the Trump Administration and the first indictment. Both shed light on how DOJ is applying its policies in practice, what companies should expect, and why individuals are squarely in the crosshairs. Taken together, these cases remind listeners that while priorities may shift, the fundamentals of disclosure, cooperation, and accountability remain very much alive.
You’ll hear him discuss:
- Why Liberty Mutual’s $4.7 million disgorgement shows DOJ is sticking closely to its Corporate Enforcement Policy
- How voluntary disclosure and cooperation continue to all but guarantee a declination
- The details behind Liberty Mutual’s misconduct in India and the factors DOJ weighed in its decision
- What the Pemex indictment tells us about DOJ’s push to hold individuals accountable
- The role of disgorgement in DOJ resolutions and whether the policy might be applied with more flexibility going forward
- How luxury goods and personal perks were used in the Pemex scheme and why DOJ zeroed in on those details
- What these developments signal for companies trying to strengthen compliance programs in a shifting enforcement landscape
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