Welcome to our latest episode, where we dive into the significant developments at the Department of Justice (DOJ). This week, the most significant headline comes from the newly confirmed Attorney General Pam Bondi, who issued 14 memoranda outlining new policies and priorities for the DOJ. These changes are set to impact federal prosecutions of corporations and individuals in various ways.
On February 5, 2025, AG Bondi directed the DOJ to shift its focus towards combating illegal immigration, human trafficking, and transnational organized crime. This means resources previously dedicated to corporate and foreign influence enforcement will be reallocated to these areas. For businesses, this signals a reduced focus on traditional corporate enforcement but introduces new risks related to transnational crime and diversity, equity, and inclusion (DEI) initiatives[1][2].
One of the key policy changes involves the Foreign Corrupt Practices Act (FCPA). The DOJ will now prioritize foreign bribery investigations related to transnational criminal organizations and drug cartels, moving away from investigations that do not involve such connections. An executive order issued on February 10, 2025, further refined this position, directing the AG to cease initiation of new FCPA investigations unless an exception is made, and to review existing FCPA investigations to restore proper bounds on enforcement[3].
The DOJ has also disband the Foreign Influence Task Force and Task Force KleptoCapture, which was aimed at enforcing sanctions against Russian oligarchs. The Corporate Enforcement Unit in the National Security Division has been eliminated, and the use of the Foreign Agents Registration Act (FARA) will be limited to cases resembling traditional espionage[2].
These changes have significant implications for American citizens, businesses, and international relations. For corporations, especially those engaged in international business, understanding these new priorities is crucial to navigating the evolving legal landscape. The shift in focus towards transnational crime and DEI initiatives means businesses need to be vigilant about their practices and ensure they are not inadvertently facilitating illegal activities.
As AG Bondi stated in her memoranda, the DOJ aims to "charge and pursue the most serious, readily provable offense" in the absence of unusual facts. This indicates a return to a policy of charging the most serious offenses in most cases and imposing stricter limits on plea negotiations[5].
Looking ahead, the DOJ is set to issue updated guidelines on FCPA enforcement, which will provide more clarity on how these changes will be implemented. In the meantime, businesses should stay informed and prepared to adapt to these new policies.
For more information on these developments and to stay updated on future changes, visit the DOJ's official website. If you have concerns about how these changes might affect your business or organization, consider reaching out to legal experts who can provide guidance on navigating these new policies.
That's all for today. Thank you for tuning in. Stay informed, and we'll see you in the next episode.
