The Justice Department has returned to the FCPA enforcement arena — in a significant development, DOJ announced the resumption of FCPA enforcement, with a new set of enforcement guidance principles.  The new guidance is an important statement governing FCPA investigations and prosecutions.

The impact of this new approach will be significant — the precise scope of this renewed focus will depend on certain legal factors, resources and the importance placed on foreign bribery cases.

While there has been a reduction in the number of attorneys assigned to DOJ’s FCPA Unit, DOJ’s current leadership, in a prior action, authorized U.S. Attorneys’ Offices around the country (94 separate districts) to investigate and prosecute FCPA cases with less oversight.  The authorization of US Attorneys’ Offices in this arena may increase FCPA enforcement, in total. 

As always, the devil is in the details — DOJ’s Guidelines for Investigations and Enforcement of the FCPA, June 9, 2025 (“DOJ FCPA Guidance Memo“), outlines several significant issues and priorities for future FCPA cases .