FCPA Enforcement Resumes With Heightened Risk For U.S. Competitors

On June 9, 2025, the U.S. Department of Justice ("DOJ" or the "Department") issued guidance signaling a return to enforcement of the Foreign Corrupt Practices Act ("FCPA"), with a new focus on misconduct that "directly undermines U.S. national interests" and causes harm to "specific and identifiable American companies or individuals." The DOJ's memorandum, signed by Deputy Attorney General Todd Blanche, follows a February 10, 2025, Executive Order, "Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security" ("E.O. 14209"), which had directed the Attorney General to pause FCPA actions for up to six months while the Department evaluated whether to proceed with existing matters and considered its priorities for future enforcement. This return to enforcement means that companies should continue to be vigilant towards FCPA compliance, as we urged in our February article, Perspective on the Pause – Putting DOJ's New FCPA