Three Actions to Take in Response to the DOJ’s New Corporate Enforcement Priorities
Last week, Attorney General Pamela Bondi issued 14 memoranda outlining new enforcement priorities at the US Department of Justice (DOJ). Notably, DOJ resources will shift away from the Foreign Corrupt Practices Act (FCPA) and the Foreign Agents Registration Act (FARA) and toward prosecuting human trafficking and smuggling, immigration enforcement, and pursuing total elimination of cartels and transnational criminal organizations. Here are three actions corporations should consider as we enter a new era of corruption prosecutions. Maintain your compliance program. It takes a long time to build an ethical culture and a short time to lose it. Although there may be fewer corporate investigations under the Trump Administration, the statute of limitations for FCPA criminal violations is still five years and for violations of FCPA accounting provisions it is six years . Conspiracy charges allow the government to prosecute even older conduct, up to five years after the last overt act of t...