New White Collar Enforcement Priorities
Question: What is the role of our compliance program in light of the recent FCPA enforcement priorities?
Answer: President Trump recently issued an Executive Order with potential significant implications for enforcement of the Foreign Corrupt Practices Act (FCPA). The Order is “pausing” FCPA enforcement in order to “further American economic and national security” and shifting enforcement priorities away from corporate enforcement on areas such as immigration, human trafficking, cartels and gangs.
At the same time, earlier this month, the US Department of Justice (DOJ) Criminal Division issued its own memorandum outlining the new White-Collar Enforcement Plan, [1] the purpose of which is to outline the Criminal Division’s enforcement priorities and policies for prosecuting corporate and white-collar crimes in the new Administration.
Below are some of the “high impact are as” that were identified as enforcement priorities:
- Sanctions evasion and prosecuting financial institutions, shadow bankers, and other intermediaries that aid processing transactions that evade sanctions. The memorandum recognizes the role of corrupt companies and foreign officials helping these sanctioned entities avoid appropriate restrictions.
- Complex money laundering, including Chinese Money Laundering Organizations, and other organizations involved in laundering funds used in the manufacturing of illegal drugs.
- Bribery and associated money laundering that impact U.S. national interests, undermine U.S. national security, harm the competitiveness of U.S. businesses, and enrich foreign corrupt officials.
The memorandum places an important emphasis on compliant companies and companies that are willing and able to remediate past misconduct. Implementation of corporate compliance programs, reporting of relevant misconduct, and cooperation with the government are important factors that will be considered by prosecutors, where corporate criminal resolutions are necessary. In addition, factors such as substantial reduction in the company’s risk profile, extent of remediation and maturity of the compliance corporate program, and whether the company self-reported the misconduct can significantly shorten the terms of corporate criminal resolutions, such as non-prosecution agreements or deferred prosecution agreements.
The new White-Collar Enforcement Plan indicates that the Criminal Division will continue to actively prosecute violations of law pursuant to the identified priorities and it will reward compliant companies with non-criminal enforcement options for resolving misconduct. This yet again underscores the importance of effective corporate compliance programs in the areas of corruption, money laundering, sanctions, government procurement and national security, to the extent relevant.
[1] May 12,2025 Department of Justice, Criminal Division Memorandum “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime” https://www.justice.gov/opa/media/1400141/dl?inline
*The contents of this message, current at the date of publication, are for reference and general informational purposes only and do not constitute legal advice. You should contact your attorney to obtain advice with respect to any particular legal matter. You should not act or refrain from acting on the basis of information in this publication without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
Question: What is the role of our compliance program in light of the recent FCPA enforcement priorities?
Answer: President Trump recently issued an Executive Order with potential significant implications for enforcement of the Foreign Corrupt Practices Act (FCPA). The Order is “pausing” FCPA enforcement in order to “further American economic and national security” and shifting enforcement priorities away from corporate enforcement on areas such as immigration, human trafficking, cartels and gangs.
At the same time, earlier this month, the US Department of Justice (DOJ) Criminal Division issued its own memorandum outlining the new White-Collar Enforcement Plan, [1] the purpose of which is to outline the Criminal Division’s enforcement priorities and policies for prosecuting corporate and white-collar crimes in the new Administration.
Below are some of the “high impact are as” that were identified as enforcement priorities:
- Sanctions evasion and prosecuting financial institutions, shadow bankers, and other intermediaries that aid processing transactions that evade sanctions. The memorandum recognizes the role of corrupt companies and foreign officials helping these sanctioned entities avoid appropriate restrictions.
- Complex money laundering, including Chinese Money Laundering Organizations, and other organizations involved in laundering funds used in the manufacturing of illegal drugs.
- Bribery and associated money laundering that impact U.S. national interests, undermine U.S. national security, harm the competitiveness of U.S. businesses, and enrich foreign corrupt officials.
The memorandum places an important emphasis on compliant companies and companies that are willing and able to remediate past misconduct. Implementation of corporate compliance programs, reporting of relevant misconduct, and cooperation with the government are important factors that will be considered by prosecutors, where corporate criminal resolutions are necessary. In addition, factors such as substantial reduction in the company’s risk profile, extent of remediation and maturity of the compliance corporate program, and whether the company self-reported the misconduct can significantly shorten the terms of corporate criminal resolutions, such as non-prosecution agreements or deferred prosecution agreements.
The new White-Collar Enforcement Plan indicates that the Criminal Division will continue to actively prosecute violations of law pursuant to the identified priorities and it will reward compliant companies with non-criminal enforcement options for resolving misconduct. This yet again underscores the importance of effective corporate compliance programs in the areas of corruption, money laundering, sanctions, government procurement and national security, to the extent relevant.
[1] May 12,2025 Department of Justice, Criminal Division Memorandum “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime” https://www.justice.gov/opa/media/1400141/dl?inline
*The contents of this message, current at the date of publication, are for reference and general informational purposes only and do not constitute legal advice. You should contact your attorney to obtain advice with respect to any particular legal matter. You should not act or refrain from acting on the basis of information in this publication without first seeking legal advice from counsel in the relevant jurisdiction. Only your individual attorney can provide assurances that the information contained herein – and your interpretation of it – is applicable or appropriate to your particular situation.
