The Foreign Corrupt Practices Act: Not Dead Yet
Much has been written about sweeping changes in Foreign Corrupt Practices Act (FCPA) enforcement under the Trump Department of Justice (DOJ). An executive order signed by Mr. Trump when he took office commanded a pause in all FCPA cases, and subsequent policy memoranda and statements by DOJ officials signaled substantial changes in enforcement standards and prosecutorial focus. A recent case filed by DOJ shows that FCPA indictments are still on the table, at least in some cases.
On August 11, 2025, the U.S. Attorney for the Southern District of Texas announced charges against two Mexican nationals residing in the United States, alleging the payment of bribes to officials at Petróleos Mexicanos (PEMEX), the state-owned oil company of Mexico, and one if its subsidiaries. The indictment alleges that the two defendants, Ramon Alexandro Rovirosa Martinez and Mario Alberto Avila Lizarraga, both Mexican citizens and lawful permanent residents of the United States, paid bribes to PEMEX officials in exchange for valuable oil-related contracts.
The indictment presents an old-fashioned bribery case. The defendants are accused of providing approximately $150,000 in bribes in the form of luxury goods, cash payments, and other valuable items to at least three employees of the state-owned enterprises in exchange for access to contracts and business. It is the type of case that would have been brought by any DOJ leadership in the past 30 years.
While this case shows the willingness of the DOJ to continue to bring garden-variety foreign corruption cases, that is only part of the inquiry. Under the new DOJ guidelines, federal prosecutors are directed to consider national security interests in deciding whether to bring FCPA charges, and to hold individuals accountable while discounting the notion of collective responsibility for transgressing companies. It also notes the unfair competition when U.S. companies play by the rules and other countries do not. The open question is whether bribery by U.S. companies in areas linked to important U.S. interests will be subject to prosecution. This case falls easily within the new framework in that the facts of the case did not implicate any of the more controversial aspects of the new DOJ policies. For now, however, this case shows that FCPA enforcement is not a dead issue, and companies would be wise to continue anti-corruption compliance efforts.
Related:
- Farewell FCPA
- Changing Landscape for Investigation and Prosecution of Foreign Corrupt Practices Act Matters
The foregoing is for informational purposes only. It is not intended as legal advice and no attorney-client relationship is formed by the provision of this information.