WilmerHale International Anti-Bribery 12 months-in-Evaluation: 2025 Developments and Predictions for 2026

by Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane, and Christopher Cestaro

Left to Proper: Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane and Christopher Cestaro (photographs courtesy of Wilmer Cutler Pickering Hale and Dorr LLP)

In sharp distinction to President Donald J. Trump’s first time period, throughout which enforcement exercise stayed strong regardless of President Trump’s earlier criticism of the legislation, President Trump’s second time period noticed an nearly speedy pause in International Corrupt Practices Act (FCPA) enforcement exercise. FCPA enforcement exercise decreased considerably in 2025 each when it comes to variety of enforcement actions (seven in 2025 versus 38 in 2024) and complete fines paid ($118 million in 2025 versus $1.58 billion in 2024), with the SEC bringing no enforcement actions in 2025.

Regardless of this lower in enforcement exercise, bulletins made after the “pause” indicated that the DOJ intends to proceed investigating and implementing the FCPA, pursuant to Felony Division-wide enforcement memoranda issued in Could 2025 and pursuant to new FCPA-specific tips. Quite a few FCPA trials towards people are additionally scheduled to proceed in 2026. Thus, whereas it appears probably that FCPA enforcement exercise will stay decreased from the degrees seen in prior years, we anticipate that investigations and resolutions will start to extend to some extent—particularly the place the alleged schemes contain transnational legal organizations (TCOs) and/or cartels.

Beneath are key takeaways relating to FCPA enforcement in 2025 and tendencies to bear in mind as we stay up for 2026.  

Stage of Enforcement Exercise in 2025 by the Numbers. As proven within the graph under, 2025 noticed an historic low for FCPA enforcement exercise as in comparison with prior years and as in comparison with President Trump’s first time period.

Key takeaways relating to the variety of circumstances embody: 

• In complete, corporations paid roughly $118 million[1] in FCPA-related fines in 2025, which was $1.462 billion lower than the full company fines paid in 2024 and roughly $658 million lower than complete company fines paid in 2023.[2]
• The DOJ introduced two company enforcement actions in 2025 (versus eight in 2024) and the SEC introduced zero (versus six in 2024). The DOJ introduced 5 enforcement actions towards people in 2025 (versus twenty in 2024) and the SEC introduced zero (versus 4 in 2024).
• Notably, throughout 2025, the DOJ introduced its first company FCPA indictment in 15 years, charging SGO Company Restricted (Smartmatic), a multinational firm that gives voting machines and election providers, with FCPA violations.[3] Smartmatic contended that it cooperated “in depth[ly]” with the federal government, which is a mitigating issue below the Trump Administration’s Company Enforcement Coverage (CEP) (mentioned under), however was nonetheless charged with against the law.[4]

Enforcement and Key Coverage Takeaways. The next are notable takeaways regarding FCPA enforcement and key coverage bulletins in 2025:

• Govt Order Designating Cartels and Different Organizations as International Organizations and Specifically Designated International Terrorists. On his first day in workplace, January 20, 2025, President Trump issued an government order entitled Designating Cartels And Different Organizations As International Terrorist Organizations And Specifically Designated International Terrorists (January Govt Order).[5] The January Govt Order introduced the Trump Administration’s directive to designate sure cartels and TCOs as overseas terrorist organizations (FTOs) or Specifically Designated International Terrorists as a result of, in accordance with the Trump Administration, these teams represent a nationwide safety menace and security menace to america.[6] Though not particular to FCPA enforcement, the January Govt Order signaled the Trump Administration’s intention to prioritize legal enforcement—together with FCPA enforcement—to focus on the actions of those alleged organized legal teams.
• Memorandum on the “Whole Elimination of Cartels and TCOs.”  A number of weeks after the January Govt Order, on February 5, 2025, the Workplace of the Lawyer Common circulated the Bondi Memorandum.[7] The Bondi Memorandum introduced directives and initiatives meant to assist implement the January Govt Order.[8]  With respect to the FCPA, the Bondi Memorandum directed the DOJ’s FCPA Unit to prioritize investigations into overseas bribery facilitating the operation of cartels and TCOs.[9]
• Evaluation of Pending FCPA Actions. A number of days later, on February 10, 2025, President Trump issued an government order, entitled Pausing International Corrupt Practices Act Enforcement to Additional American Financial and Nationwide Safety (February Govt Order), quickly pausing FCPA enforcement (throughout a 180-day interval).[10] Expressing purported concern concerning the impact of FCPA enforcement on US corporations making an attempt to conduct actions overseas, the February Govt Order instructed the Lawyer Common to create tips for FCPA enforcement and evaluation all current investigations to make sure that they’re aligned with the Trump Administration’s acknowledged insurance policies.[11] The evaluation carried out pursuant to the February Govt Order resulted within the closure of quite a few FCPA enforcement issues. The February Govt Order additionally required any new or ongoing FCPA issues to be particularly approved by the Lawyer Common.[12]
• Could 12, 2025, Insurance policies and Steering on Felony Enforcement. On Could 12, 2025, the DOJ introduced 4 up to date insurance policies protecting legal enforcement throughout the DOJ, together with enforcement of the FCPA. Certainly one of these memoranda, entitled Focus, Equity, and Effectivity within the Combat Towards White-Collar Crime (the White Collar Enforcement Plan), highlighted that the DOJ would focus its white-collar enforcement exercise on conduct that threatens US nationwide safety—together with, as related for the FCPA, cartel and TCO exercise and bribery and cash laundering that enriches corrupt overseas officers.[13] The White Collar Enforcement Plan additionally acknowledged an intention to curb purported prosecutorial overreach, fostering three core tenets: (1) focus; (2) equity; and (3) effectivity. One other Could 12 announcement supplied an replace to the DOJ’s CEP to supply a “clear path to declination” for corporations going through legal enforcement.[14] The opposite two bulletins issued on Could 12 memorialized the Felony Division’s narrower use of compliance screens[15] and up to date steering associated to the supply of whistleblower awards[16].
• FCPA Enforcement Pointers. On June 9, 2025, responding to the directive within the February Govt Order, the Deputy Lawyer Common issued the Pointers for Investigations and Enforcement of the International Corrupt Practices Act (FCPA) (Pointers).[17] The Pointers, which had been in step with the Trump Administration’s mandate, required that federal prosecutors conducting FCPA investigations and prosecutions contemplate numerous components, together with prioritizing FCPA enforcement involving TCOs and cartels, safeguarding US enterprise competitiveness, advancing US nationwide safety, and prioritizing investigations of great misconduct.[18]
• Give attention to TCOs and Cartels, with Ensuing Give attention to Latin America. Taken collectively, the coverage bulletins, government orders, memoranda, and Pointers issued in 2025 instructed prosecutors to deal with potential FCPA violations involving cartels and designated TCOs, partly to focus on conduct that purportedly undermines US nationwide safety.[19] Maybe unsurprisingly, following the top of the evaluation and issuance of the Pointers from the DOJ, publicly introduced DOJ FCPA actions in lots of circumstances concerned conduct in Latin America—though the conduct described within the charging paperwork usually has been in step with garden-variety FCPA circumstances seen up to now.
• Terminating and/or Narrowing Company Resolutions and Monitorships. The lower in company enforcement exercise in 2025 was accompanied by the early termination of 4 company resolutions (three deferred prosecution agreements and one non-prosecution settlement) and 4 company monitorships. This coincided with the aforementioned Could 2025 memo that seemingly narrowed the circumstances for imposing monitorships usually. These developments additionally appeared to align with the three core tenets articulated within the DOJ’s White Collar Enforcement Plan: (1) focus; (2) equity; and (3) effectivity.[20]
• Personnel Adjustments on the DOJ and SEC. Adjustments on the DOJ and the SEC have additional reshaped the panorama of FCPA enforcement.[21]  Deputy Lawyer Common Todd Blanche, confirmed in March 2025, reportedly circulated a memorandum calling for a discount in attorneys assigned to the DOJ legal division, together with prosecutors centered on FCPA issues within the Fraud Part.[22]  The DOJ’s FCPA unit has reportedly been decreased to 22 prosecutors—18 fewer than in mid-2024.[23]  On the SEC, April 2025 noticed the retirement of two FCPA unit leaders: Unit Chief Charles Cain and Deputy Chief Tracy Worth. Neither seem to have been succeeded, and SEC attorneys within the FCPA unit appear to have been reassigned to the final enforcement unit. With these departures and no publicly recognized succession plan, the SEC FCPA unit seems to have been successfully disbanded—although seems to nonetheless be pursuing at lease some FCPA investigations.

State and Native Enforcement. Following the Trump Administration’s coverage bulletins, some state and native prosecutors have indicated that they might try and take a larger function in overseas anti-bribery enforcement.[24] For instance, on April 2, 2025, California Lawyer Common Rob Bonta issued an alert “to remind companies working in California that it’s unlawful to make funds to foreign-government officers to acquire or retain enterprise, [d]espite the federal administration’s February 10, 2025 government order purporting to pause enforcement of the [FCPA].”[25]  The alert acknowledged that violations of the FCPA are “actionable below California’s Unfair Competitors Regulation,” which “prohibits illegal, unfair, and fraudulent enterprise acts and practices.” [26]  These state legislation enforcement theories might encounter authorized and/or jurisdictional challenges.

Congressional Developments. As well as, the US Congress took motion in 2025 suggesting that the federal legislative department may turn into extra lively in anti-corruption efforts. For instance, in February 2025, the Home of Representatives Choose Committee on the Chinese language Communist Celebration despatched a letter to the American Chamber of Commerce in China warning its member corporations that Congress will examine any violations of the FCPA, even absent DOJ enforcement.[27] The letter warned that “any firm considering counting on the current government order to loosen inner insurance policies or procedures relating to improper funds to authorities officers within the [People’s Republic of China] ought to assume twice.”[28] Nonetheless, whether or not and when Congress will take concrete steps to start such anti-corruption initiatives stays to be seen.

Predictions for 2026. In 2026, we anticipate that the DOJ will improve its FCPA enforcement actions from 2025, particularly in pursuing circumstances that it perceives to align with the Pointers and with the Trump Administration’s priorities. The DOJ will probably proceed to take the lead in FCPA actions, and it’s unclear how a lot, if in any respect, the SEC will deal with FCPA enforcement.

Given the Trump Administration’s common deal with combating cartels and TCOs, corporations can be sensible to focus compliance and oversight efforts on partaking with enterprise companions that would have ties to such organizations all over the world. Compliance efforts that mix conventional anti-corruption controls with controls referring to anti-money laundering and sanctions may stop dangerous conduct from occurring and assist to offer an efficient protection ought to issues come up.

Lastly, whereas the Trump Administration has recalibrated US FCPA enforcement priorities, different worldwide enforcement authorities, firm auditors, authorities contracting companions, and company compliance greatest practices all present good causes for corporations to keep up and enhance anti-corruption compliance controls in 2026 and past.

For extra info on FCPA enforcement tendencies and actions, together with anti-bribery enforcement in international locations comparable to Germany, the UK, Belgium, Spain, France, Switzerland, Brazil, Singapore, and Mexico, please check with WilmerHale’s FCPA 12 months-in-Evaluation: 2025 Developments and Predictions for 2026 and different publications relating to the FCPA on the agency’s web site.

[1] In 2025, Comunicaciones Celulares S.A., a Millicom subsidiary, doing enterprise as TIGO Guatemala, was the one company to make an FCPA decision fee, totaling $118 million, which included a $60 million legal penalty and roughly $58 million in administrative forfeiture. US Division of Justice Press Launch No. 25-1175: TIGO Guatemala Paid Over $118M To Resolve International Bribery Investigation (Dec. 12, 2025).

[2] To calculate the full decision quantities imposed in FCPA-related actions towards corporations, we counted the quantity set out in decision papers {that a} settling get together could possibly be liable to pay to US enforcement businesses, even when these penalties had been finally offset by funds to overseas authorities. We imagine that the full penalty quantity, no matter offsets to overseas authorities, most precisely represents the scope of FCPA legal responsibility as a result of US authorities retained the suitable to gather these quantities. Moreover, even when in some circumstances settling events agreed to giant penalties primarily based on the understanding that there can be an offset, funds made to non-US authorities businesses can nonetheless be traced again to FCPA-related conduct to some extent. In different phrases, it’s unlikely that overseas authorities would have obtained the identical quantity with out US enforcement exercise or the specter of FCPA legal responsibility. It’s in fact unimaginable to find out how a lot of a worldwide decision would have occurred with out FCPA enforcement. However as a result of a few of these funds are no less than partly attributable to FCPA enforcement, we have now included them to offer an entire image of total FCPA-related legal responsibility. See WilmerHale, International Anti-Bribery 12 months-in-Evaluation: 2024 Developments and Predictions for 2025, at 5, https://www.wilmerhale.com/-/media/recordsdata/shared_content/editorial/publications/wh_publications/client_alert_pdfs/20250130-fcpa-year-in-review-2024-developments-and-predictions-for-2025.pdf.

[3] Superseding Indictment, United States v. Donato Bautista, No. 24-CR-20343 (S.D. Fla. Oct. 16, 2025) ECF No. 264.

[4] See Estelle Atkinson, Smartmatic Hit With International Bribery Costs Regardless of “in depth cooperation,” International Investigations Rev. (Oct. 17, 2025), https://globalinvestigationsreview.com/just-anti-corruption/article/smartmatic-hit-foreign-bribery-charges-despite-extensive-cooperation.

[5] Govt Order 14,157, Designating Cartels and Different Organizations as International Terrorist Organizations and Specifically Designated International Terrorists, 90 Fed. Reg. 8439 (Jan. 20, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-01-29/pdf/2025-02004.pdf.

[6] Govt Order 14,157, Designating Cartels and Different Organizations as International Terrorist Organizations and Specifically Designated International Terrorists, 90 Fed. Reg. 8439 (Jan. 20, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-01-29/pdf/2025-02004.pdf.

[7] Memorandum from Lawyer Common Pam Bondi to DOJ Staff, Whole Elimination Of Cartels and Transnational Felony Organizations (Feb. 5, 2025), https://www.justice.gov/ag/media/1388546/dl?inline.

[8] Memorandum from Lawyer Common Pam Bondi to DOJ Staff, Whole Elimination Of Cartels and Transnational Felony Organizations (Feb. 5, 2025), https://www.justice.gov/ag/media/1388546/dl?inline.

[9] Memorandum from Lawyer Common Pam Bondi to DOJ Staff, Whole Elimination Of Cartels and Transnational Felony Organizations, at 4 (Feb. 5, 2025), https://www.justice.gov/ag/media/1388546/dl?inline.

[10] Govt Order 14,209, Pausing International Corrupt Practices Act Enforcement To Additional American Financial and Nationwide Safety, 90 Fed. Reg. 9587 (Feb. 10, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-02-14/pdf/2025-02736.pdf.

[11] Govt Order 14,209, Pausing International Corrupt Practices Act Enforcement To Additional American Financial and Nationwide Safety, 90 Fed. Reg. 9587 (Feb. 10, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-02-14/pdf/2025-02736.pdf.

[12] Govt Order 14,209, Pausing International Corrupt Practices Act Enforcement To Additional American Financial and Nationwide Safety, 90 Fed. Reg. 9587, 9587 (Feb. 10, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-02-14/pdf/2025-02736.pdf.

[13] Memorandum from Matthew R. Galeotti, Head of the Felony Division to DOJ Felony Division Personnel, Focus, Equity, and Effectivity within the Combat Towards White-Collar Crime (Could 12, 2025), https://www.justice.gov/opa/media/1400141/dl?inline.

[14] Matthew R. Galeotti, Head of the Felony Division, DOJ, Remarks at SIFMA’s Anti-Cash Laundering and Monetary Crimes Convention (Could 12, 2025), https://www.justice.gov/opa/speech/head-criminal-division-matthew-r-galeotti-delivers-remarks-sifmas-anti-money-laundering/.

[15] US Division of Justice, Memorandum on Number of Displays in Felony Division Issues, at 4 (Could 12, 2025), https://www.justice.gov/legal/media/1400036/dl?inline.

[16] Matthew R. Galeotti, Head of the Felony Division, DOJ, Remarks at SIFMA’s Anti-Cash Laundering and Monetary Crimes Convention (Could 12, 2025), https://www.justice.gov/opa/speech/head-criminal-division-matthew-r-galeotti-delivers-remarks-sifmas-anti-money-laundering/.

[17] See Memorandum from the Deputy Lawyer Common, Pointers for Investigations and Enforcement of the International Corrupt Practices Act (FCPA) (June 9, 2025), https://www.justice.gov/dag/media/1403031/dl.   

[18] Memorandum from the Deputy Lawyer Common, Pointers for Investigations and Enforcement of the International Corrupt Practices Act (FCPA), at 1 (June 9, 2025), https://www.justice.gov/dag/media/1403031/dl.

[19] Memorandum from the Deputy Lawyer Common, Pointers for Investigations and Enforcement of the International Corrupt Practices Act (FCPA) (June 9, 2025), https://www.justice.gov/dag/media/1403031/dl.   

[20] Memorandum from Matthew R. Galeotti, Head of the Felony Division to DOJ Felony Division Personnel, Focus, Equity, and Effectivity within the Combat Towards White-Collar Crime, at 2 (Could 12, 2025), https://www.justice.gov/opa/media/1400141/dl?inline.

[21] US Division of Justice, Felony Division, Concerning the Fraud Part, https://www.justice.gov/legal/criminal-fraud (final visited Jan. 19, 2026); Gaspard Le Dem and Max Fillion, DOJ Fraud Part Chief Reassigned, GLOBAL INVESTIGATIONS REV. (Mar. 6, 2025), https://globalinvestigationsreview.com/just-anti-corruption/article/doj-fraud-section-chief-reassigned. 

[22] Austin Cope, DOJ Cuts to Hit FCPA, Different White-Collar Enforcement, International Investigations Rev. (Mar. 25, 2025), https://globalinvestigationsreview.com/just-anti-corruption/article/doj-cuts-hit-fcpa-other-white-collar-enforcement.

[23] Chris Prentice and Daybreak Kopecki, High Officers Depart US SEC’s Anti-Bribery Unit, Sources Say, REUTERS (Apr. 2, 2025), https://www.reuters.com/world/us/top-officials-leave-us-secs-anti-bribery-unit-sources-say-2025-04-02/; Gaspard Le Dem, SEC’s FCPA Chief, High Deputy Retire, GLOBAL INVESTIGATIONS REV. (Apr. 1, 2025), https://globalinvestigationsreview.com/just-anti-corruption/article/secs-fcpa-chief-top-deputy-retire.

[24] Govt Order 14,209, Pausing International Corrupt Practices Act Enforcement To Additional American Financial and Nationwide Safety, 90 Fed. Reg. 9587, 9587 (Feb. 10, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-02-14/pdf/2025-02736.pdf.

[25] California Division of Justice, Alert to Companies on Violations of the International Corrupt Practices Act, at 1 (Apr. 2, 2025), https://oag.ca.gov/system/recordsdata/attachments/press-docs/FCPApercent20Legalpercent20Alert.pdf/.

[26] California Division of Justice, Alert to Companies on Violations of the International Corrupt Practices Act, at 1 (Apr. 2, 2025), https://oag.ca.gov/system/recordsdata/attachments/press-docs/FCPApercent20Legalpercent20Alert.pdf/.

[27] Choose Committee on the CCP Letter warning of potential investigation from the legislature into FCPA violations in PRC (Feb. 11, 2025), https://democrats-selectcommitteeontheccp.home.gov/websites/evo-subsites/democrats-selectcommitteeontheccp.home.gov/recordsdata/evo-media-document/2-11-2025_AmChampercent20FCPApercent20Letter.pdf.

[28] Choose Committee on the CCP Letter warning of potential investigation from the legislature into FCPA violations in PRC (Feb. 11, 2025), https://democrats-selectcommitteeontheccp.home.gov/websites/evo-subsites/democrats-selectcommitteeontheccp.home.gov/recordsdata/evo-media-document/2-11-2025_AmChampercent20FCPApercent20Letter.pdf.

Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane, and Christopher Cestaro are Companions at Wilmer Cutler Pickering Hale and Dorr LLP. The authors would additionally wish to thank the next further contributors to the evaluation: Emily Stark (Washington DC), Kelsey Quigley (Palo Alto), Cindy Pan (New York), Meghan Wingert (Washington DC), Mike Romeo (Los Angeles), Sara Maldonado (New York), Tom Davidson (Palo Alto), Masha Goncharova (New York), Jennifer Thompson (Washington DC), Alex Hassanzadeh (New York), Emily Gruener (New York), Walker Schneider (New York), Kimberly Waters (New York), Molly Collett (New York), Peter Cates (New York), Chelsey Jordan (Palo Alto), Becca Mooney (New York), Io Jones (New York), Julia Lee (New York), Mary Clare Rigali (San Francisco), James Henry (Palo Alto), Olivia Tayback (Los Angeles), Kaia Boonzaier (San Francisco), Ricardo Zorce (Denver), Wesley Schmidt (New York), Kendrick Baker (New York), Linda Zou (New York), Fred Saugman (London), Katy O’Connor (London), Bastian Baumann (Berlin), Anton Trossbach (Berlin), Georgia Tzifa (Brussels), Sophie De Schepper (Brussels), Benjamin Roitman (Brussels), Ioannis Dellis (Brussels). An extended model of this publish first appeared as an Alert for the agency.

The views, opinions and positions expressed inside all posts are these of the writer(s) alone and don’t symbolize these of the Program on Company Compliance and Enforcement (PCCE) or of the New York College Faculty of Regulation. PCCE makes no representations as to the accuracy, completeness and validity or any statements made on this web site and won’t be liable any errors, omissions or representations. The copyright of this content material belongs to the writer(s) and any legal responsibility almost about infringement of mental property rights stays with the writer(s).

by Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane, and Christopher Cestaro

Left to Proper: Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane and Christopher Cestaro (photographs courtesy of Wilmer Cutler Pickering Hale and Dorr LLP)

In sharp distinction to President Donald J. Trump’s first time period, throughout which enforcement exercise stayed strong regardless of President Trump’s earlier criticism of the legislation, President Trump’s second time period noticed an nearly speedy pause in International Corrupt Practices Act (FCPA) enforcement exercise. FCPA enforcement exercise decreased considerably in 2025 each when it comes to variety of enforcement actions (seven in 2025 versus 38 in 2024) and complete fines paid ($118 million in 2025 versus $1.58 billion in 2024), with the SEC bringing no enforcement actions in 2025.

Regardless of this lower in enforcement exercise, bulletins made after the “pause” indicated that the DOJ intends to proceed investigating and implementing the FCPA, pursuant to Felony Division-wide enforcement memoranda issued in Could 2025 and pursuant to new FCPA-specific tips. Quite a few FCPA trials towards people are additionally scheduled to proceed in 2026. Thus, whereas it appears probably that FCPA enforcement exercise will stay decreased from the degrees seen in prior years, we anticipate that investigations and resolutions will start to extend to some extent—particularly the place the alleged schemes contain transnational legal organizations (TCOs) and/or cartels.

Beneath are key takeaways relating to FCPA enforcement in 2025 and tendencies to bear in mind as we stay up for 2026.  

Stage of Enforcement Exercise in 2025 by the Numbers. As proven within the graph under, 2025 noticed an historic low for FCPA enforcement exercise as in comparison with prior years and as in comparison with President Trump’s first time period.

Key takeaways relating to the variety of circumstances embody: 

• In complete, corporations paid roughly $118 million[1] in FCPA-related fines in 2025, which was $1.462 billion lower than the full company fines paid in 2024 and roughly $658 million lower than complete company fines paid in 2023.[2]
• The DOJ introduced two company enforcement actions in 2025 (versus eight in 2024) and the SEC introduced zero (versus six in 2024). The DOJ introduced 5 enforcement actions towards people in 2025 (versus twenty in 2024) and the SEC introduced zero (versus 4 in 2024).
• Notably, throughout 2025, the DOJ introduced its first company FCPA indictment in 15 years, charging SGO Company Restricted (Smartmatic), a multinational firm that gives voting machines and election providers, with FCPA violations.[3] Smartmatic contended that it cooperated “in depth[ly]” with the federal government, which is a mitigating issue below the Trump Administration’s Company Enforcement Coverage (CEP) (mentioned under), however was nonetheless charged with against the law.[4]

Enforcement and Key Coverage Takeaways. The next are notable takeaways regarding FCPA enforcement and key coverage bulletins in 2025:

• Govt Order Designating Cartels and Different Organizations as International Organizations and Specifically Designated International Terrorists. On his first day in workplace, January 20, 2025, President Trump issued an government order entitled Designating Cartels And Different Organizations As International Terrorist Organizations And Specifically Designated International Terrorists (January Govt Order).[5] The January Govt Order introduced the Trump Administration’s directive to designate sure cartels and TCOs as overseas terrorist organizations (FTOs) or Specifically Designated International Terrorists as a result of, in accordance with the Trump Administration, these teams represent a nationwide safety menace and security menace to america.[6] Though not particular to FCPA enforcement, the January Govt Order signaled the Trump Administration’s intention to prioritize legal enforcement—together with FCPA enforcement—to focus on the actions of those alleged organized legal teams.
• Memorandum on the “Whole Elimination of Cartels and TCOs.”  A number of weeks after the January Govt Order, on February 5, 2025, the Workplace of the Lawyer Common circulated the Bondi Memorandum.[7] The Bondi Memorandum introduced directives and initiatives meant to assist implement the January Govt Order.[8]  With respect to the FCPA, the Bondi Memorandum directed the DOJ’s FCPA Unit to prioritize investigations into overseas bribery facilitating the operation of cartels and TCOs.[9]
• Evaluation of Pending FCPA Actions. A number of days later, on February 10, 2025, President Trump issued an government order, entitled Pausing International Corrupt Practices Act Enforcement to Additional American Financial and Nationwide Safety (February Govt Order), quickly pausing FCPA enforcement (throughout a 180-day interval).[10] Expressing purported concern concerning the impact of FCPA enforcement on US corporations making an attempt to conduct actions overseas, the February Govt Order instructed the Lawyer Common to create tips for FCPA enforcement and evaluation all current investigations to make sure that they’re aligned with the Trump Administration’s acknowledged insurance policies.[11] The evaluation carried out pursuant to the February Govt Order resulted within the closure of quite a few FCPA enforcement issues. The February Govt Order additionally required any new or ongoing FCPA issues to be particularly approved by the Lawyer Common.[12]
• Could 12, 2025, Insurance policies and Steering on Felony Enforcement. On Could 12, 2025, the DOJ introduced 4 up to date insurance policies protecting legal enforcement throughout the DOJ, together with enforcement of the FCPA. Certainly one of these memoranda, entitled Focus, Equity, and Effectivity within the Combat Towards White-Collar Crime (the White Collar Enforcement Plan), highlighted that the DOJ would focus its white-collar enforcement exercise on conduct that threatens US nationwide safety—together with, as related for the FCPA, cartel and TCO exercise and bribery and cash laundering that enriches corrupt overseas officers.[13] The White Collar Enforcement Plan additionally acknowledged an intention to curb purported prosecutorial overreach, fostering three core tenets: (1) focus; (2) equity; and (3) effectivity. One other Could 12 announcement supplied an replace to the DOJ’s CEP to supply a “clear path to declination” for corporations going through legal enforcement.[14] The opposite two bulletins issued on Could 12 memorialized the Felony Division’s narrower use of compliance screens[15] and up to date steering associated to the supply of whistleblower awards[16].
• FCPA Enforcement Pointers. On June 9, 2025, responding to the directive within the February Govt Order, the Deputy Lawyer Common issued the Pointers for Investigations and Enforcement of the International Corrupt Practices Act (FCPA) (Pointers).[17] The Pointers, which had been in step with the Trump Administration’s mandate, required that federal prosecutors conducting FCPA investigations and prosecutions contemplate numerous components, together with prioritizing FCPA enforcement involving TCOs and cartels, safeguarding US enterprise competitiveness, advancing US nationwide safety, and prioritizing investigations of great misconduct.[18]
• Give attention to TCOs and Cartels, with Ensuing Give attention to Latin America. Taken collectively, the coverage bulletins, government orders, memoranda, and Pointers issued in 2025 instructed prosecutors to deal with potential FCPA violations involving cartels and designated TCOs, partly to focus on conduct that purportedly undermines US nationwide safety.[19] Maybe unsurprisingly, following the top of the evaluation and issuance of the Pointers from the DOJ, publicly introduced DOJ FCPA actions in lots of circumstances concerned conduct in Latin America—though the conduct described within the charging paperwork usually has been in step with garden-variety FCPA circumstances seen up to now.
• Terminating and/or Narrowing Company Resolutions and Monitorships. The lower in company enforcement exercise in 2025 was accompanied by the early termination of 4 company resolutions (three deferred prosecution agreements and one non-prosecution settlement) and 4 company monitorships. This coincided with the aforementioned Could 2025 memo that seemingly narrowed the circumstances for imposing monitorships usually. These developments additionally appeared to align with the three core tenets articulated within the DOJ’s White Collar Enforcement Plan: (1) focus; (2) equity; and (3) effectivity.[20]
• Personnel Adjustments on the DOJ and SEC. Adjustments on the DOJ and the SEC have additional reshaped the panorama of FCPA enforcement.[21]  Deputy Lawyer Common Todd Blanche, confirmed in March 2025, reportedly circulated a memorandum calling for a discount in attorneys assigned to the DOJ legal division, together with prosecutors centered on FCPA issues within the Fraud Part.[22]  The DOJ’s FCPA unit has reportedly been decreased to 22 prosecutors—18 fewer than in mid-2024.[23]  On the SEC, April 2025 noticed the retirement of two FCPA unit leaders: Unit Chief Charles Cain and Deputy Chief Tracy Worth. Neither seem to have been succeeded, and SEC attorneys within the FCPA unit appear to have been reassigned to the final enforcement unit. With these departures and no publicly recognized succession plan, the SEC FCPA unit seems to have been successfully disbanded—although seems to nonetheless be pursuing at lease some FCPA investigations.

State and Native Enforcement. Following the Trump Administration’s coverage bulletins, some state and native prosecutors have indicated that they might try and take a larger function in overseas anti-bribery enforcement.[24] For instance, on April 2, 2025, California Lawyer Common Rob Bonta issued an alert “to remind companies working in California that it’s unlawful to make funds to foreign-government officers to acquire or retain enterprise, [d]espite the federal administration’s February 10, 2025 government order purporting to pause enforcement of the [FCPA].”[25]  The alert acknowledged that violations of the FCPA are “actionable below California’s Unfair Competitors Regulation,” which “prohibits illegal, unfair, and fraudulent enterprise acts and practices.” [26]  These state legislation enforcement theories might encounter authorized and/or jurisdictional challenges.

Congressional Developments. As well as, the US Congress took motion in 2025 suggesting that the federal legislative department may turn into extra lively in anti-corruption efforts. For instance, in February 2025, the Home of Representatives Choose Committee on the Chinese language Communist Celebration despatched a letter to the American Chamber of Commerce in China warning its member corporations that Congress will examine any violations of the FCPA, even absent DOJ enforcement.[27] The letter warned that “any firm considering counting on the current government order to loosen inner insurance policies or procedures relating to improper funds to authorities officers within the [People’s Republic of China] ought to assume twice.”[28] Nonetheless, whether or not and when Congress will take concrete steps to start such anti-corruption initiatives stays to be seen.

Predictions for 2026. In 2026, we anticipate that the DOJ will improve its FCPA enforcement actions from 2025, particularly in pursuing circumstances that it perceives to align with the Pointers and with the Trump Administration’s priorities. The DOJ will probably proceed to take the lead in FCPA actions, and it’s unclear how a lot, if in any respect, the SEC will deal with FCPA enforcement.

Given the Trump Administration’s common deal with combating cartels and TCOs, corporations can be sensible to focus compliance and oversight efforts on partaking with enterprise companions that would have ties to such organizations all over the world. Compliance efforts that mix conventional anti-corruption controls with controls referring to anti-money laundering and sanctions may stop dangerous conduct from occurring and assist to offer an efficient protection ought to issues come up.

Lastly, whereas the Trump Administration has recalibrated US FCPA enforcement priorities, different worldwide enforcement authorities, firm auditors, authorities contracting companions, and company compliance greatest practices all present good causes for corporations to keep up and enhance anti-corruption compliance controls in 2026 and past.

For extra info on FCPA enforcement tendencies and actions, together with anti-bribery enforcement in international locations comparable to Germany, the UK, Belgium, Spain, France, Switzerland, Brazil, Singapore, and Mexico, please check with WilmerHale’s FCPA 12 months-in-Evaluation: 2025 Developments and Predictions for 2026 and different publications relating to the FCPA on the agency’s web site.

[1] In 2025, Comunicaciones Celulares S.A., a Millicom subsidiary, doing enterprise as TIGO Guatemala, was the one company to make an FCPA decision fee, totaling $118 million, which included a $60 million legal penalty and roughly $58 million in administrative forfeiture. US Division of Justice Press Launch No. 25-1175: TIGO Guatemala Paid Over $118M To Resolve International Bribery Investigation (Dec. 12, 2025).

[2] To calculate the full decision quantities imposed in FCPA-related actions towards corporations, we counted the quantity set out in decision papers {that a} settling get together could possibly be liable to pay to US enforcement businesses, even when these penalties had been finally offset by funds to overseas authorities. We imagine that the full penalty quantity, no matter offsets to overseas authorities, most precisely represents the scope of FCPA legal responsibility as a result of US authorities retained the suitable to gather these quantities. Moreover, even when in some circumstances settling events agreed to giant penalties primarily based on the understanding that there can be an offset, funds made to non-US authorities businesses can nonetheless be traced again to FCPA-related conduct to some extent. In different phrases, it’s unlikely that overseas authorities would have obtained the identical quantity with out US enforcement exercise or the specter of FCPA legal responsibility. It’s in fact unimaginable to find out how a lot of a worldwide decision would have occurred with out FCPA enforcement. However as a result of a few of these funds are no less than partly attributable to FCPA enforcement, we have now included them to offer an entire image of total FCPA-related legal responsibility. See WilmerHale, International Anti-Bribery 12 months-in-Evaluation: 2024 Developments and Predictions for 2025, at 5, https://www.wilmerhale.com/-/media/recordsdata/shared_content/editorial/publications/wh_publications/client_alert_pdfs/20250130-fcpa-year-in-review-2024-developments-and-predictions-for-2025.pdf.

[3] Superseding Indictment, United States v. Donato Bautista, No. 24-CR-20343 (S.D. Fla. Oct. 16, 2025) ECF No. 264.

[4] See Estelle Atkinson, Smartmatic Hit With International Bribery Costs Regardless of “in depth cooperation,” International Investigations Rev. (Oct. 17, 2025), https://globalinvestigationsreview.com/just-anti-corruption/article/smartmatic-hit-foreign-bribery-charges-despite-extensive-cooperation.

[5] Govt Order 14,157, Designating Cartels and Different Organizations as International Terrorist Organizations and Specifically Designated International Terrorists, 90 Fed. Reg. 8439 (Jan. 20, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-01-29/pdf/2025-02004.pdf.

[6] Govt Order 14,157, Designating Cartels and Different Organizations as International Terrorist Organizations and Specifically Designated International Terrorists, 90 Fed. Reg. 8439 (Jan. 20, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-01-29/pdf/2025-02004.pdf.

[7] Memorandum from Lawyer Common Pam Bondi to DOJ Staff, Whole Elimination Of Cartels and Transnational Felony Organizations (Feb. 5, 2025), https://www.justice.gov/ag/media/1388546/dl?inline.

[8] Memorandum from Lawyer Common Pam Bondi to DOJ Staff, Whole Elimination Of Cartels and Transnational Felony Organizations (Feb. 5, 2025), https://www.justice.gov/ag/media/1388546/dl?inline.

[9] Memorandum from Lawyer Common Pam Bondi to DOJ Staff, Whole Elimination Of Cartels and Transnational Felony Organizations, at 4 (Feb. 5, 2025), https://www.justice.gov/ag/media/1388546/dl?inline.

[10] Govt Order 14,209, Pausing International Corrupt Practices Act Enforcement To Additional American Financial and Nationwide Safety, 90 Fed. Reg. 9587 (Feb. 10, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-02-14/pdf/2025-02736.pdf.

[11] Govt Order 14,209, Pausing International Corrupt Practices Act Enforcement To Additional American Financial and Nationwide Safety, 90 Fed. Reg. 9587 (Feb. 10, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-02-14/pdf/2025-02736.pdf.

[12] Govt Order 14,209, Pausing International Corrupt Practices Act Enforcement To Additional American Financial and Nationwide Safety, 90 Fed. Reg. 9587, 9587 (Feb. 10, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-02-14/pdf/2025-02736.pdf.

[13] Memorandum from Matthew R. Galeotti, Head of the Felony Division to DOJ Felony Division Personnel, Focus, Equity, and Effectivity within the Combat Towards White-Collar Crime (Could 12, 2025), https://www.justice.gov/opa/media/1400141/dl?inline.

[14] Matthew R. Galeotti, Head of the Felony Division, DOJ, Remarks at SIFMA’s Anti-Cash Laundering and Monetary Crimes Convention (Could 12, 2025), https://www.justice.gov/opa/speech/head-criminal-division-matthew-r-galeotti-delivers-remarks-sifmas-anti-money-laundering/.

[15] US Division of Justice, Memorandum on Number of Displays in Felony Division Issues, at 4 (Could 12, 2025), https://www.justice.gov/legal/media/1400036/dl?inline.

[16] Matthew R. Galeotti, Head of the Felony Division, DOJ, Remarks at SIFMA’s Anti-Cash Laundering and Monetary Crimes Convention (Could 12, 2025), https://www.justice.gov/opa/speech/head-criminal-division-matthew-r-galeotti-delivers-remarks-sifmas-anti-money-laundering/.

[17] See Memorandum from the Deputy Lawyer Common, Pointers for Investigations and Enforcement of the International Corrupt Practices Act (FCPA) (June 9, 2025), https://www.justice.gov/dag/media/1403031/dl.   

[18] Memorandum from the Deputy Lawyer Common, Pointers for Investigations and Enforcement of the International Corrupt Practices Act (FCPA), at 1 (June 9, 2025), https://www.justice.gov/dag/media/1403031/dl.

[19] Memorandum from the Deputy Lawyer Common, Pointers for Investigations and Enforcement of the International Corrupt Practices Act (FCPA) (June 9, 2025), https://www.justice.gov/dag/media/1403031/dl.   

[20] Memorandum from Matthew R. Galeotti, Head of the Felony Division to DOJ Felony Division Personnel, Focus, Equity, and Effectivity within the Combat Towards White-Collar Crime, at 2 (Could 12, 2025), https://www.justice.gov/opa/media/1400141/dl?inline.

[21] US Division of Justice, Felony Division, Concerning the Fraud Part, https://www.justice.gov/legal/criminal-fraud (final visited Jan. 19, 2026); Gaspard Le Dem and Max Fillion, DOJ Fraud Part Chief Reassigned, GLOBAL INVESTIGATIONS REV. (Mar. 6, 2025), https://globalinvestigationsreview.com/just-anti-corruption/article/doj-fraud-section-chief-reassigned. 

[22] Austin Cope, DOJ Cuts to Hit FCPA, Different White-Collar Enforcement, International Investigations Rev. (Mar. 25, 2025), https://globalinvestigationsreview.com/just-anti-corruption/article/doj-cuts-hit-fcpa-other-white-collar-enforcement.

[23] Chris Prentice and Daybreak Kopecki, High Officers Depart US SEC’s Anti-Bribery Unit, Sources Say, REUTERS (Apr. 2, 2025), https://www.reuters.com/world/us/top-officials-leave-us-secs-anti-bribery-unit-sources-say-2025-04-02/; Gaspard Le Dem, SEC’s FCPA Chief, High Deputy Retire, GLOBAL INVESTIGATIONS REV. (Apr. 1, 2025), https://globalinvestigationsreview.com/just-anti-corruption/article/secs-fcpa-chief-top-deputy-retire.

[24] Govt Order 14,209, Pausing International Corrupt Practices Act Enforcement To Additional American Financial and Nationwide Safety, 90 Fed. Reg. 9587, 9587 (Feb. 10, 2025), https://www.govinfo.gov/content material/pkg/FR-2025-02-14/pdf/2025-02736.pdf.

[25] California Division of Justice, Alert to Companies on Violations of the International Corrupt Practices Act, at 1 (Apr. 2, 2025), https://oag.ca.gov/system/recordsdata/attachments/press-docs/FCPApercent20Legalpercent20Alert.pdf/.

[26] California Division of Justice, Alert to Companies on Violations of the International Corrupt Practices Act, at 1 (Apr. 2, 2025), https://oag.ca.gov/system/recordsdata/attachments/press-docs/FCPApercent20Legalpercent20Alert.pdf/.

[27] Choose Committee on the CCP Letter warning of potential investigation from the legislature into FCPA violations in PRC (Feb. 11, 2025), https://democrats-selectcommitteeontheccp.home.gov/websites/evo-subsites/democrats-selectcommitteeontheccp.home.gov/recordsdata/evo-media-document/2-11-2025_AmChampercent20FCPApercent20Letter.pdf.

[28] Choose Committee on the CCP Letter warning of potential investigation from the legislature into FCPA violations in PRC (Feb. 11, 2025), https://democrats-selectcommitteeontheccp.home.gov/websites/evo-subsites/democrats-selectcommitteeontheccp.home.gov/recordsdata/evo-media-document/2-11-2025_AmChampercent20FCPApercent20Letter.pdf.

Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane, and Christopher Cestaro are Companions at Wilmer Cutler Pickering Hale and Dorr LLP. The authors would additionally wish to thank the next further contributors to the evaluation: Emily Stark (Washington DC), Kelsey Quigley (Palo Alto), Cindy Pan (New York), Meghan Wingert (Washington DC), Mike Romeo (Los Angeles), Sara Maldonado (New York), Tom Davidson (Palo Alto), Masha Goncharova (New York), Jennifer Thompson (Washington DC), Alex Hassanzadeh (New York), Emily Gruener (New York), Walker Schneider (New York), Kimberly Waters (New York), Molly Collett (New York), Peter Cates (New York), Chelsey Jordan (Palo Alto), Becca Mooney (New York), Io Jones (New York), Julia Lee (New York), Mary Clare Rigali (San Francisco), James Henry (Palo Alto), Olivia Tayback (Los Angeles), Kaia Boonzaier (San Francisco), Ricardo Zorce (Denver), Wesley Schmidt (New York), Kendrick Baker (New York), Linda Zou (New York), Fred Saugman (London), Katy O’Connor (London), Bastian Baumann (Berlin), Anton Trossbach (Berlin), Georgia Tzifa (Brussels), Sophie De Schepper (Brussels), Benjamin Roitman (Brussels), Ioannis Dellis (Brussels). An extended model of this publish first appeared as an Alert for the agency.

The views, opinions and positions expressed inside all posts are these of the writer(s) alone and don’t symbolize these of the Program on Company Compliance and Enforcement (PCCE) or of the New York College Faculty of Regulation. PCCE makes no representations as to the accuracy, completeness and validity or any statements made on this web site and won’t be liable any errors, omissions or representations. The copyright of this content material belongs to the writer(s) and any legal responsibility almost about infringement of mental property rights stays with the writer(s).