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Trump's US FCPA enforcement pause fuels self-reporting dilemma: potential for favourable declinations versus risks of premature disclosure pending revised DOJ guidance

Published on: 21 March 2025

Published by a Law360 reporter

Legal News

Article summary

The decision to self-report potential FCPA violations to the government has always been tricky

Choosing whether to voluntarily disclose possible FCPA breaches to the authorities has never been straightforward. Doing so invites official investigations and potential sanctions, yet offers incentives such as the chance to earn co-operation credit from the government and, in some cases, avoid prosecution. Opting not to disclose heightens the likelihood of later detection and tougher penalties. However, experts told Law360 that the continuing shake-up in FCPA enforcement, sparked by President Donald Trump’s executive order of 10 February, has injected a fresh degree of uncertainty and hand-wringing into that calculus. James Koukios, co-head of the FCPA and global anti-corruption practice at Morrison Foerster LLP, observed that it has always been a wager whether to self-report, but at least there used to be a playbook and clear rules of engagement. Now, he said, there appears to be no playbook, making the decision even more of a gamble than before. Trump’s executive order halted FCPA enforcement for at least 180 days and instructed Attorney General Pam Bondi to use that period to review and revise the federal law barring bribery of foreign officials...

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