Navigating the reboot of U.S. FCPA enforcement: The global anti-corruption compliance perspective

In February 2025, the U.S. Foreign Corrupt Practices Act (FCPA) landscape appeared uncertain following the Trump administration’s executive order to pause enforcement. This marked the most significant shift in U.S. anti-bribery policy in decades. While the law remained intact, the Department of Justice (DOJ) significantly curtailed new investigations and redirected resources toward combatting cartel-related corruption and transnational criminal organizations (TCOs).

That temporary pause officially ended in June 2025, with the release of updated DOJ guidance restoring FCPA enforcement and signaling a renewed emphasis on foreign bribery cases that facilitate the criminal operations of cartels and TCOs. The DOJ is shifting focus away from cases that do not involve such connections.

Meanwhile, foreign regulators have not waited for the United States to act. The United Kingdom, France and Switzerland formed the International Anti-Corruption Prosecutorial Task Force to enhance collaboration and cross-border prosecutions of corrupt activity.

In light of these developments, companies must recalibrate their compliance programs not only to align with refreshed DOJ priorities but also to respond to the increasing extraterritorial reach of non-U.S. regulators.

The regulatory landscape has shifted

• U.S. DOJ recalibration: The new DOJ guidance prioritizes bribery violations linked to cartels or transnational criminal organizations and transactions involving U.S. national security. Companies can expect renewed scrutiny of third-party relationships and internal control failures.
• International momentum: The European Union’s proposed anti-corruption directive mandates stronger enforcement agencies across member states and sets minimum standards for corporate liability, whistleblower protection and asset recovery. The U.K. Bribery Act and France’s Sapin II Law remain powerful tools in the hands of regulators.
• Ongoing risk despite past pause: The FCPA statute of limitations (five to eight years) means conduct during the enforcement pause remains prosecutable for years to come. A future administration could broaden the scope of prosecution.

Recommendations for compliance and audit teams

1. Reassess global risk exposure:
   o Conduct an updated anti-bribery and corruption (ABAC) risk assessment that reflects both U.S. and foreign enforcement priorities.
   o Pay particular attention to high-risk markets such as Latin America and China.
2. Reinforce tone from the top
   o Issue internal communications affirming the company’s continued commitment to anti-corruption compliance.
   o Ensure senior leadership is visible in promoting integrity.
3. Audit and enhance third-party oversight
   o  Revalidate due diligence processes for customers, agents, distributors and joint venture partners.
   o Leverage technology to flag anomalies in payments, gifts, entertainment and travel expenditures.
   o  Identify anti-corruption red flags early in any planned mergers and acquisitions.
4. Update compliance programs
   o  Align your program with the DOJ’s updated Evaluation of Corporate Compliance Programs, including documented disciplinary actions and well-tested reporting mechanisms.
   o  Ensure local compliance teams in high-risk jurisdictions are trained on both U.S. and local anti-bribery laws.
5. Prepare for multi-jurisdictional investigations
   o  Cross-train legal and compliance teams on handling investigations initiated by non-U.S. agencies.
   o  Establish clear protocols for whistleblower reports, dawn raids and cross- border data transfers.
6. Monitor policy signals
   o  Continue tracking DOJ, SEC, and foreign regulatory guidance given that future administrations may again pivot enforcement philosophy.

About the Author
Deepti Verma, CPA, CIA, CFE, Partner, DLA, LLC

Deepti Verma serves as a Partner in DLA’s Forensics, Valuation & Litigation Support group, based in Chicago. With over 20 years of experience in fraud investigations, compliance, and risk advisory, Deepti specializes in addressing complex challenges such as accounting fraud, bribery and corruption, fraudulent employee behavior, and compliance and ethics assessments.

Deepti assists a diverse base of clients in various industries including technology, retail and consumer products, energy, diversified industrial manufacturing, pharmaceuticals, and life sciences. She works closely with compliance and internal audit leaders, in-house investigative counsel, and law firms. Deepti has led a diverse array of investigations, including accounting and financial fraud, bribery and corruption, and occupational fraud. She has also conducted proactive compliance assessments and forensic investigations in countries such as China, India, Indonesia, Mexico, Brazil, Chile, Germany, Switzerland, France, Italy, and Canada.

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About DLA

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The views and opinions in these articles are solely of the authors and do not necessarily reflect those of DLA, LLC. They are offered to stimulate thought and discussion and not as legal, financial, accounting, tax or other professional advice or counsel.