Compliance Stuff

On June 9, Deputy Attorney General Todd Blanche released a much-anticipated update to the Trump administration’s plans for enforcement of the Foreign Corrupt Practices Act (FCPA). The  Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA)  demonstrate that FCPA enforcement will continue under the Trump administration, but the Department of Justice’s (DOJ) focus will be much different than under prior administrations. Further, the DOJ’s enforcement standards will be different, with guaranteed declination of enforcement for those companies that “voluntarily self-report, cooperate, and remediate,” as established in the revised  Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy  (CEP) and articulated by Head of the DOJ’s Criminal Division Matthew Galeotti in his  June 10 remarks . Background The guidelines follow a series of announcements by the administration in February regarding the FCPA. On February...

  On June 10, the head of the US Department of Justice’s (DOJ) Criminal Division, Matthew R. Galeotti, gave a speech before the American Conference Institute (ACI) outlining the DOJ’s white-collar enforcement priorities. Galeotti’s remarks follow the DOJ’s recent revisions to the Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP).   Read our previous alert about the CEP  here .   Galeotti emphasized that if defense counsel representing companies under investigation “do the right thing, report potential crimes, root out misconduct, cooperate with the [DOJ], and help the company remediate ,” then the company will receive “significant benefits.” He highlighted three key points: Companies that “voluntarily self-report, cooperate, and remediate” fraud and other white-collar offenses will receive a declination — not just a “presumption” of declination — unless there are aggravating factors . Galeotti said that he would personally scrutinize ...

With 2025 underway, the ArentFox Schiff White Collar team highlights the  US  Department of Justice’s ( DOJ ) new enforcement priorities and two cases pending before the  US  Supreme Court that could have sweeping implications for future white-collar fraud cases.   Within hours of her US Senate confirmation on February 5, Attorney General Pam Bondi issued 14 memoranda to all DOJ employees, shifting the DOJ’s focus toward national security priorities and reallocating investigative resources and personnel. These memoranda largely implement directives set forth in executive orders issued in the first days of the Trump Administration. The DOJ’s new enforcement priorities include illegal immigration, human smuggling, and transnational crime organizations (TCOs), gangs, and cartels . In support of these priorities, the DOJ will prioritize Foreign Corrupt Practices Act (FCPA) and Foreign Agent Registration Act (FARA) actions with connections to TCOs, gangs, and c...