FCPA Enforcement Under the Trump Administration

The Trump Administration is now looking to reshape FCPA enforcement entirely. On February 5, 2025, Attorney General Pam Bondi issued a memorandum directing prosecutors to prioritize FCPA enforcement to cases involving transnational criminal organizations or cartels, which would significantly narrow enforcement of the law. Five days later, President Trump issued an executive order calling for a 180-day “pause” altogether on FCPA enforcement to ensure the law was enforced in a manner that would advance the interests of US companies in furtherance of an “America First” foreign policy agenda. During this pause, DOJ has taken what some have characterized as differing positions in pending cases, leaving many to wonder how DOJ will enforce the law under the Trump Administration and what will an America-First approach to FCPA enforcement might look like. At the same time, foreign authorities and some state AGs have suggested that they will increase anticorruption enforcement as it gets deprioritized by the federal government. In-house counsel and compliance professionals may also ask how they should react to the evolving government priorities when confronted with potential FCPA issues.

In this timely panel, V&E Partner Fry Wernick, a former federal prosecutor and supervisor of DOJ’s FCPA Unit during the first Trump Administration, will be joined by white collar defense Counsel Brian Howard and Senior Associate Pete Thomas to provide thoughtful insight to help your company understand what enforcement over the next few years will look like, how in-house counsel and compliance officials should respond to the changing enforcement landscape, and what unique opportunities may be available to take advantage of the Administration’s changing priorities.

CLE pending