Changing Currents In FCPA Enforcement: Insights from the Trump Era
Bulletin of The International Academy of Financial Crime Litigators
Fall 2025
In an article published in the Fall edition of the International Academy of Financial Crime Litigators Bulletin, Adam Kaufmann and Eric Lewis examine new guidance from the Department of Justice on FCPA enforcement. The Trump Administration famously paused all FCPA enforcement when Mr. Trump took office and issued guidelines (and tweets) suggesting significant changes to enforcement standards. This article looks at the new guidelines as well as the cases that the DOJ has brought—and not brought—in the months since. Much has changed, but prosecutors will continue to investigate corruption and it is a mistake to think DOJ has now issued a green light to bribery.
In the article, Mr. Kaufmann and Mr. Lewis examine:
- How FCPA enforcement is likely to change under the Trump Administration.
- The reduced emphasis on “business entertainment” as violating the FCPA.
- What it means when the Trump administration says it wants to counter “over-enforcement” and to “even the playing field.”
- Whether we will see the use of monitors and huge multi-year remedial programs that have long been the hallmark of DOJ enforcement.
- What the “national security” exception is likely to mean for enforcement standards.
Read below.