• "DOJ Enforcement Shift: Tackling Transnational Crime, Pausing FCPA Probes"

  • Feb 21 2025
  • Durée: 3 min
  • Podcast

"DOJ Enforcement Shift: Tackling Transnational Crime, Pausing FCPA Probes"

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  • Résumé

  • Welcome to our podcast, where we dive into the latest news and developments from the Department of Justice. This week, the DOJ made headlines with a significant shift in its enforcement priorities. On February 5, 2025, newly confirmed Attorney General Pam Bondi issued 14 memoranda to all DOJ employees, outlining new policies and priorities that will impact federal prosecutions of corporations and individuals.

    One of the most notable changes is the freeze on new Foreign Corrupt Practices Act (FCPA) investigations and enforcement actions. President Trump issued an executive order on February 10, 2025, directing the DOJ to pause all new FCPA investigations for 180 days. This move is part of a broader effort to realign the DOJ's priorities, focusing on transnational organized crime, cartels, and human trafficking.

    The TCO Memo, one of the 14 memoranda issued by AG Bondi, instructs the FCPA Unit to prioritize investigations related to foreign bribery that facilitates the criminal operations of cartels and transnational criminal organizations. This shift in focus means that the DOJ will be less likely to pursue traditional corporate enforcement cases, instead targeting cases that involve a connection to cartels and TCOs.

    But what does this mean for American citizens and businesses? According to AG Bondi, the new priorities are designed to protect national security and promote American economic competitiveness. However, critics argue that the freeze on FCPA enforcement could embolden corrupt actors and undermine global anti-corruption efforts.

    In addition to the FCPA changes, the DOJ also issued new guidance on charging, plea negotiations, and sentencing. The memo directs prosecutors to charge and pursue the most serious, readily provable offense, and to generally seek sentences within the recommended guidelines range.

    The DOJ's new priorities also include a focus on diversity, equity, and inclusion (DEI) programs. AG Bondi issued two memoranda on DEI, which aim to identify and deter discriminatory practices in the private sector. The report will identify the most egregious and discriminatory DEI practitioners in each sector of concern and propose measures to deter the use of DEI programs that constitute illegal discrimination or preferences.

    So, what's next? The DOJ has 180 days to review and revise its FCPA enforcement policies. In the meantime, businesses and organizations should be aware of the new priorities and adjust their compliance strategies accordingly. Citizens can stay informed by following the DOJ's website and social media channels.

    For more information, visit the DOJ's website or check out our resources page. And if you have thoughts on the DOJ's new priorities, we want to hear from you. Share your comments and questions with us on social media using the hashtag DOJ updates. Thanks for tuning in, and we'll see you next time.
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