DOJ's Approach To White Collar Enforcement: Target Those Who Harm U.S. Interests While Minimizing Collateral Damage

The U.S. Department of Justice (DOJ) recently announced Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA). The June 9 memorandum from Deputy Attorney General Todd Blanche instructs prosecutors to prioritize misconduct that causes identifiable harm to U.S. interests, focus on individual wrongdoing, and avoid lengthy and burdensome investigations that inherently harm U.S. businesses, innocent employees, shareholders, and consumers. While the guidelines represent a marked realignment of FCPA priorities, they do not amount to the wholesale gutting of FCPA enforcement that many predicted. In parallel remarks at the American Conference Institute's Global Anti-Corruption, Ethics & Compliance Conference, DOJ Criminal Division Head Matthew R. Galeotti also doubled down on a common DOJ refrain across Administrations: Self-disclose, cooperate, and remediate early or risk aggressive and swift enforcement. Galeotti stressed that the path to