The Justice Department’s six-month pause on FCPA enforcement has left a gap in the global anti-corruption fight.  The Justice Department played a critical role in coordinating international efforts and enforcement.  in the face of these developments, foreign prosecutors and even the State of California have publicized their intention to increase anti-corruption enforcement. 

UK-France-Switzerland Taskforce

On March 20, 2025, the United Kingdom, France and Switzerland announced the creation of the international Anti-Corruption Prosecutorial Taskforce, which is comprised of: (1) The UK’s Serious Fraud Office (SFO); (2) France’s National Financial Prosecutor’s Office (Parquet National Financier, or PNF); and (3) The Office of the Attorney General of Switzerland (OAG).

The taskforce that the three national agencies “stand firm” in their commitment to prosecute bribery and corruption.  In addition, the taskforce’s statement warned that companies fall within its jurisdiction, including United States companies operating in Europe, should continue to maintain robust anti-corruption compliance programs.

The taskforce reflects a close working relationship on anti-corruption issues among the three countries.  To further its mission, the taskforce will create a leaders’ group focused on the regular exchange of insight and strategy, a working group for the purpose of devising proposals for co-operation on cases and increased initiatives for sharing best practices. As such, each member committed to increasing international cooperation in the fight against bribery and corruption.

Notwithstanding claims to the contrary, the taskforce is a specific response to the Trump Administration’s announcement to pause and review the Justice Department’s FCPA enforcement policy.  The creation of the taskforce reflects that European authorities will increase enforcement and cooperation among the three countries. 

Interestingly, the UK’s Bribery Act 2010 and France’s Sapin II law both have extraterritorial effect.  This may entice other countries to join the taskforce and share in enforcement responsibilities and recoveries.

Given the current climate, global companies continue to maintain and promote their anti-bribery and anti-corruption compliance programs. 

California Legal Advisory

California has issued Legal Advisories warning businesses that operate in California that bribery payments to foreign officials to obtain or retain business are “actionable” under California’s Unfair Competition law (UCL).  The California Attorney General repeated that the FCPA remains binding federal law and that California will prosecute violations under its UCL.

The California Attorney General emphasized the need for all businesses and individuals to continue complying with all applicable laws, including the FCPA.  The UCL, which was enacted to preserve fair business competition and protect consumers, prohibits unlawful, unfair and fraudulent business acts and practices. 

The UCL incorporates violations of other laws and treats them as unlawful practices.  For example, violations of federal and criminal laws can be cited as predicates for a UCL cause of action.  Specifically, the Attorney General cited a prior enforcement action against businesses and individuals for violations of the UCL, including actions predicated on FCPA violations, in Korea Supply Co. v. Lockheed Martin Corp. 29 Cal.4th 1134,1144 (2003).  In that case, the Supreme Court cited the fact that an FCPA violation can be used as a predicate for a UCL violation.