In June 2025, the Department of Justice (DOJ) released new guidelines on how it will enforce the Foreign Corrupt Practices Act (FCPA). Contrary to some predictions, the new guidelines are not a death knell for the FCPA. Instead, they call for a renewed focus centered around President Trump’s “America-First” policies. Under President Trump, the DOJ will focus on allocating resources to the most serious cases, using the FCPA to advance national-security interests, protect American supply chains, and scrutinize financial transactions involving suspected drug cartels and Transnational Criminal Organizations (TCOs).

The announcement marked the end of the 180-day pause on investigations under the FCPA, initiated by President Trump in February to conduct a comprehensive review of the DOJ’s prior and ongoing FCPA enforcement actions.

FCPA Enforcement Priorities Under President Trump

Under President Trump, the DOJ’s FCPA enforcement priorities are guided by two principles:

• Limiting Burdens on American Companies. The DOJ will refrain from penalizing legitimate commercial conduct abroad or imposing excessive compliance burdens that distort competitive parity.
• Targeting Conduct that Undermines US National Interests. FCPA enforcement actions will focus on foreign bribery that materially harms US security, economic interests, or global competitiveness.

The DOJ will continue focusing on individual prosecutions, as U.S. Attorneys were instructed to “focus on cases in which individuals have engaged in criminal misconduct and not attribute nonspecific malfeasance to corporate structures.”

Factors for Prosecutorial Evaluation

To determine whether to pursue investigation and prosecution under the FCPA, federal prosecutors will evaluate four factors that represent these recalibrated enforcement priorities.

Drug Cartels and Transnational Criminal Organizations

The DOJ will prioritize cases that involve or have even indirect connections to drug cartels or TCO activity. Prosecutors will consider:

• Is the suspect associated with the criminal operations of a cartel or TCO?
• Does the criminal activity involve shell companies or money laundering activities known to support such organizations?
• Is the suspect linked to foreign officials or employees of state-owned entities that received bribes from cartels or TCOs?

Safeguarding Fair Competition for American Companies

The DOJ will focus on cases where criminal activity caused concrete and identifiable harm to specific American companies or individuals. Companies may have an opportunity to earn some form of cooperation credit by cooperating with the DOJ during investigations.

Advancing U.S. National Security Interests

Investigations will be guided by national security considerations when commercial activity intersects with strategic U.S. interests. FCPA enforcement will target cases that involve:

• Business sectors with implications for critical infrastructure, defense, intelligence, and strategic resources
• Bribery schemes that compromise U.S. strategic geopolitical positioning or control of the supply chain

Recognizing that foreign adversaries often exploit corruption to weaken government institutions, the DOJ will target bribery schemes that threaten national security interests.

Serious Misconduct

The DOJ will focus FCPA enforcement efforts on cases that indicate a clear indication of corrupt intent linked to a particular individual or individuals, as opposed to minor conduct or routine business practices. The DOJ will focus on the following factors:

• Substantial bribe payments
• Sophisticated methods of concealment
• Fraudulent activity in furtherance of the bribe scheme
• Efforts to obstruct justice

The Impact of the DOJ’s New FCPA Enforcement Priorities on Individual Defendants

As the DOJ shifts its FCPA enforcement priorities away from corporate misconduct, individual defendants may find themselves in the crosshairs of DOJ FCPA enforcement efforts. While those involved in routine business practices or low-dollar transactions are unlikely to face scrutiny, individuals could still face federal investigation for “serious misconduct” and activities that implicate the President’s “America First” enforcement priorities, such as criminal activity that involves drug cartels and TCOs, touches on American security interests, or harms American economic competitiveness.

Aggressive Defense in Federal Criminal Cases

Hope Lefeber is a criminal defense attorney with over 30 years of experience representing individuals charged with crimes in federal courts. She has been consistently honored as a Pennsylvania Super Lawyer, as one of the Top 100 Trial Lawyers by the National Trial Lawyers Association, and as one of the Top 10 Criminal Defense Attorneys in Pennsylvania by the National Academy of Criminal Defense Attorneys. Ms. Lefeber has represented high-profile clients, published numerous articles, lectured on federal criminal law issues, and appeared on TV News as a legal expert. She represents clients in Philadelphia and its surrounding counties and in federal courts nationwide.

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To put the expertise of an experienced federal criminal defense attorney to work for you, contact the Law Offices of Hope Lefeber today.