Category Archives: Corruption: Foreign

New Criminal Tariff Evasion Charges Signal DOJ’s Escalating Trade Fraud Push

by Gina Parlovecchio, Hiral Mehta, Arun Rao and Xiamora Damour 

Left to Right: Gina Parlovecchio, Hiral Mehta, Arun Rao and Xiamora Damour (photos courtesy of Mayer Brown).

On November 17, 2025, the US Attorney’s Office in the District of New Jersey filed a criminal complaint alleging that Indonesian jewelry company UBS Gold, its Indonesian co-owner Michael Yahya, and two company employees engaged in a five-year-long conspiracy to evade duties and tariffs owed for shipments of jewelry to the United States. The complaint alleges that defendants avoided over $86 million in duties and tariffs on more than $1.2 billion in jewelry shipments. This is the second high-profile criminal tariff evasion case brought since the Department of Justice (DOJ) announced trade and customs fraud as one of its areas of focus in its white collar Enforcement Guidance earlier this year[1]—an area that likely will remain a priority, regardless of the outcome of ongoing litigation challenging President Donald Trump’s imposition of tariffs. Importers should monitor their current tariff programs and, if needed, develop compliant tariff strategies. 

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DOJ Issues First FCPA Deferred Prosecution Agreement Under New Guidelines

by Jay Holtmeier, Kimberly A. Parker, Christopher Cestaro, and Erin G.H. Sloane 

Left to right: Jay Holtmeier, Kimberly A. Parker, Christopher Cestaro, and Erin G.H. Sloane (photos courtesy of WilmerHale)

WHAT YOU NEED TO KNOW:

  • The DOJ entered into its first deferred prosecution agreement (“DPA”) for violations of the Foreign Corrupt Practices Act (“FCPA”) since the February 2025 Executive Order pausing FCPA enforcement.
  • The DPA provides further evidence that the DOJ may scrutinize conduct in Latin America more closely and highlights the risks of entering into joint venture arrangements, particularly in industries and geographies where there are corruption risks.
  • The DPA also demonstrates that the DOJ will likely continue to look to provide more favorable terms to companies that implement remediation, have a robust compliance program, and agree to report to the DOJ regarding the state of their compliance program.

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Deputy Attorney General Delivers Keynote at ACI FCPA Conference 

by Greg D. Andres, Martine M. Beamon, Daniel S. Kahn, and Neil H. MacBride

Left to right: Greg D. Andres, Martine M. Beamon, Daniel S. Kahn and Neil H. MacBride (photos courtesy of Davis Polk & Wardwell LLP)

On December 4, Deputy Attorney General Todd Blanche and other DOJ officials participated in the annual ACI FCPA conference in Washington DC, outlining key principles to corporate enforcement and FCPA investigations and prosecutions.  The remarks provide insight into how this DOJ is approaching FCPA enforcement and corporate enforcement more broadly.

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DOJ Announces First FCPA Enforcement Activity After Months-Long Pause

by Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane, and Christopher Cestaro

Left to Right: Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane, and Christopher Cestaro (photos courtesy of WilmerHale)

Over the past week, the U.S. Department of Justice (“DOJ”) unsealed its first Foreign Corrupt Practices Act (“FCPA”) enforcement action and issued its first declination since the pause in FCPA enforcement mandated by President Donald Trump’s February 10, 2025 Executive Order (“February Executive Order”)[1] and the subsequent issuance of updated FCPA enforcement guidelines, the Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA) (“June Guidelines”).[2]  

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Italy under OECD Scrutiny: Foreign Bribery and the Rule of Law

by Simone Lonati 

Photo courtesy of the author

In order to respond to the phenomenon of the so-called “global crime”[1] in the last decades there has been a proliferation of multilateral international and regional treaties in criminal matters, together with executives and soft law measures in the field. International corruption is not an exception: starting from the 1990s, thanks to the pivotal role of the United States back in 1977 when it adopted the Foreign Corrupt Practices Act, there has been a wave of conventions adopted by bodies such as the OECD, the UN, the Council of Europe and the European Union, each bringing different approaches and demands to domestic legal systems.

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Second Circuit Reinstates FIFA Bribery Convictions, Reviving Honest Services Fraud Prosecutions for Foreign Commercial Bribery

by David A. Last, Rahul Mukhi, Victor L. Hou, Lisa Vicens, Matthew M. Yelovich, and Sarah Pyun

From left to right:  David A. Last, Rahul Mukhi, Victor L. Hou, Lisa Vicens, Matthew M. Yelovich, and Sarah Pyun (photos courtesy of Cleary Gottlieb Steen & Hamilton LLP)

In a significant decision with broad implications for companies and individuals operating internationally, the U.S. Court of Appeals for the Second Circuit has reversed the acquittal of a former media executive and a sports marketing company in the long-running FIFA bribery investigation.[1]  The ruling reinstates jury convictions for honest services wire fraud and money laundering conspiracy, holding that the federal honest services fraud statute, 18 U.S.C. § 1346, can apply to foreign commercial bribery schemes.[2]

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DOJ Announces New Foreign Corrupt Practices Act Enforcement Guidelines

by David B. Anders, John F. Savarese, and Aline R. Flodr

Photos of the authors

Left to right: David B. Anders, John F. Savarese, and Aline R. Flodr (photos courtesy of authors)

On June 9, 2025, Deputy Attorney General Todd Blanche announced the awaited new guidelines for prosecutors investigating and enforcing the Foreign Corrupt Practices Act (“FCPA”).  These enforcement guidelines were issued in response to President Trump’s Executive Order titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security,” which directed DOJ to “pause” certain FCPA investigations while reassessing enforcement priorities and to issue new FCPA enforcement guidelines within 180 days.  The stated aim of the new policy is to reduce undue burdens on American companies operating abroad and to focus on activities that undermine U.S. national interests.  The memorandum announcing the guidelines directs prosecutors to consider the following non-exhaustive factors and confirms that these new guidelines shall govern all current and future FCPA investigations and enforcement actions:

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A Reflection on the OECD’s Report (Part II): Governments’ Assessments of Corporate Anti-Corruption Compliance

by Veronica Root Martinez and Liz Carrasco

Photos of the authors

Left to right: Veronica Root Martinez and Liz Carrasco (photos courtesy of authors)

Governments have a responsibility to evaluate corporate compliance programs and an opportunity to design strong regulatory frameworks. To identify reforms and encourage implementation, they must first understand the state of compliance. The Organisation for Economic Cooperation and Development (OECD) report Governments’ Assessments of Corporate Anti-Corruption Compliance[1] provides a detailed look at how governments are approaching the assessment of corporate anti-corruption compliance programs. The report explains that clear, consistent standards for assessing these programs would improve both efficiency and credibility—but few governments have adopted such standards. This blog post explores governments’ roles in 1) guiding companies on compliance criteria, 2) enhancing oversight, and 3) the value of information sharing.

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UK, French, and Swiss Enforcement Authorities Announce New Alliance

by Lloyd Firth, Dr. Jan-S. Wendler, Claire M. Guehenno, Kimberly A. Parker, Jay Holtmeier, Erin G.H. Sloane, Christopher Cestaro, and Lindsey Cullen

Top left to right: Lloyd Firth, Dr. Jan-S. Wendler, Claire M. Guehenno and Kimberly A. Parker. Bottom left to right: Jay Holtmeier, Erin G.H. Sloane, Christopher Cestaro and Lindsey Cullen (Photos courtesy of WilmerHale).

Summary

Anti-bribery and corruption agencies in the UK, France and Switzerland recently announced a shared commitment to tackling international bribery and corruption, by way of a new taskforce intended to strengthen collaboration.

This taskforce was announced by the UK’s Serious Fraud Office (SFO), France’s Parquet National Financier (PNF) and the Office of the Attorney General of Switzerland (OAG) at a meeting in London. Its founding statement notes “the significant threat of bribery and corruption” and states that its members recognise that “success relies on us working closely and effectively together”. It intends to deliver a working group for case cooperation and increased best practice sharing.

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Crippling the FCPA Is Bad Business for the U.S.

by Stephen M. Kohn

Photo courtesy of the author

On February 10, President Donald Trump issued an Executive Order (E.O.) to pause enforcement of the Foreign Corrupt Practices Act (FCPA). The E.O. is based upon the inaccurate premise that the United States’ enforcement of the anti-bribery law unfairly cracks down on U.S. companies and harms their competitiveness in the global marketplace. During the pause, the Justice Department will reevaluate the enforcement strategies behind the FCPA, and presumably approve a new approach to FCPA enforcement. But the intent behind the Executive Order does not bode well for future U.S. prosecutions of criminal bribe paying in foreign countries.

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