Has the pendulum swung back on FCPA enforcement - and will companies be ready when it hits? Is the DOJ’s renewed push on FCPA enforcement a strategic shift - or just old wine in a new bottle?
In this episode, Michael discusses the return of the Justice Department to the FCPA enforcement arena. In a significant development, DOJ announced the resumption of FCPA enforcement, accompanied by a new set of enforcement guidance principles. This guidance is more than policy - it’s a statement of priorities and strategy that will shape how FCPA investigations and prosecutions unfold. While the number of attorneys in DOJ’s FCPA Unit has declined, U.S. Attorneys' Offices across 94 districts now have increased authority to investigate and prosecute FCPA cases with less oversight. The result? Potentially broader, faster, and more decentralized enforcement. As always, the devil is in the details - and the June 9 DOJ FCPA Guidance Memo delivers plenty.
You'll hear him discuss:
- DOJ’s renewed emphasis on prosecuting individuals over corporations, especially when misconduct can’t be directly linked to senior leadership
- How companies may now have stronger arguments to avoid liability if the wrongdoing is isolated to a small group
- Expanded autonomy for U.S. Attorneys’ Offices and what this means for enforcement volume and consistency
- The DOJ’s prioritization of cases that directly impact U.S. national interests and corporate competitiveness
- Increased scrutiny of links to cartels and transnational criminal organizations, including risks hidden in supply chains and third-party relationships
- The push for faster, more efficient investigations to avoid the years-long white-collar case backlog
- Guidance on when facilitating payments, gifts, or travel fall under FCPA exceptions - and why these rarely matter in major prosecutions
- Why cooperation, early disclosure, and individual accountability may now be companies’ best bet for avoiding charges altogether
- The DOJ’s sharpened focus on national security sectors like defense, critical infrastructure, and technology
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The Volkov Law Group
