Special Alert: DOJ Signals – FCPA and Money Laundering Enforcement

February 2025

The new U.S. Attorney General, head of the Department of Justice, has issued a Memorandum that reprioritizes the Criminal Division’s enforcement focus. In particular, the Memorandum directs:

• The Criminal Division’s Foreign Corrupt Practices Act Unit (FCPA Unit) to prioritize investigations related to foreign bribery that facilitates the criminal operations of Cartels and Transnational Criminal Organizations (TCOs). Examples provided include bribery of foreign officials to facilitate human smuggling and the trafficking of narcotics and firearms.
• The FCPA Unit to shift away from cases that do not involve such a connection.
• Suspension, for all matters relating to foreign bribery associated with Cartels and TCOs, of the requirements that prosecution of an investigation or prosecution of a case under the FCPA or the Foreign Extortion Prevention Act be conducted by trial attorneys of the Fraud Section of the Criminal Division. U.S. Attorney’s Offices must provide the FCPA Unit with 24 hours advance notice of the intention to seek charges and to make related materials available.
• The Criminal Division’s Money Laundering and Asset Recovery Section to prioritize investigations, prosecutions, and asset forfeiture actions that target activities of Cartels and TCOs.

The Memorandum implements elements of the new Administration’s Executive Order on “Designating Cartels and Other Organizations as Foreign Terrorist Organizations and Specially Designated Global Terrorists”.