When the White House announced that FCPA enforcement was being placed on the same priority list as the prosecution of overtime parking cases in national parks, we thought a few words about this might be helpful to our compliance and legal colleagues.



First, the FCPA remains the law, and has been so since 1977, regardless of the current priorities of the United States Department of Justice, aka DOJ. The DOJ has always had the prerogative to set its priorities as it sees fit, therefore, that’s why under President Bush I, we saw the drug war focus. Common and expected.

Second, it would take Congressional action to repeal or change the FCPA, which could of course happen. Yet, bribery of government officials remains a criminal act in almost all nations.

Even if the DOJ stops investigating and prosecuting bribery cases, Germany or the UK or one of over 100 nations where bribery is a crime could still bring criminal or civil cases against global organizations that pay bribes. A very recent case was brought by Swiss officials against individuals engaged in bribing Angolan government officials and the penalties were severe, including a 32-month jail sentence for the COO. More countries could readily decide to step into the void vacated by the DOJ, given how lucrative bribery prosecutions have been (think billions of dollars in penalties).

Third, each organization can decide what its policies and Code of Conduct mandate for employees and third parties. Remember that depending on the type of bribery case, the statute of limitations for FCPA misconduct is either five or six years. So, bribery that occurs today could well be prosecuted in the next WH administration, or even the one after that depending upon the facts and length of the activities.

Finally, there appears to be nothing predictable about the current WH. The FCPA brings in billions to the US government, and although that may not matter today, it might matter tomorrow to someone. Who knows?

Our thoughts: Steer your compliance and legal ship consistent with the laws and regulations in place, including regarding the FCPA, regardless of current priorities of law enforcement. Emphasize your mission, your values, and good practices in your communications, which can be far more demanding than the laws in place or the current priorities of the WH. If history is any sort of guide, there is a good chance that you and your organization will be around long after this administration, and planning should reflect that reality. Good luck! Let us know if you have questions.

We invite you to connect with Jeff Klink at jklink@klinkintel.com to discover the diverse range of options available to help you effectively navigate the challenges we face today. Jeff and our expert team are here to offer personalized guidance, ensuring you feel confident and informed every step of the way. Don't hesitate to reach out; we are here to help you succeed.