DOJ Criminal Chief Galeotti Speaks on FCPA Guidelines

Head of the Criminal Division Matthew Galeotti discussed his  newly released Foreign Corrupt Practices Act (FCPA) Enforcement Guidelines at the American Conference Institute (ACI) FCPA & Global Anti‑Corruption Conference in New York June 10.

The guidelines, outlined in a June 9, 2025 memorandum from Deputy Attorney General Todd Blanche, direct prosecutors to pursue FCPA cases only when U.S. interests are demonstrably implicated.

“Conduct that genuinely impacts the United States or the American people is subject to potential prosecution by U.S. law enforcement,” Galeotti said. “Conduct that does not implicate U.S. interests should be left to our foreign counterparts.”

It's all on the Individual

The guidelines stress individualized misconduct and discourage reliance on collective knowledge theories. While some FCPA matters have been closed under these standards, Galeotti emphasized that "meritorious" cases are proceeding.

[Under collective knowledge theory, the government aggregates the knowledge of multiple employees to establish that the organization as a whole knew or should have known of illegal conduct.: Ed.]

Turning to broader white-collar enforcement, Galeotti reaffirmed that the Department is not backing away from complex corporate investigations. “We will vigorously pursue these investigations and open new ones. We will move them expeditiously. And we will resolve them, fairly and justly,” he said.

He issued a cautionary note to the defense bar: “Seeking premature relief, mischaracterizing prosecutorial conduct, or otherwise failing to be an honest broker actively undermines our system.”

Three Enforcement Focus Areas

Galeotti highlighted three specific areas of reform aimed at encouraging cooperation and streamlining resolutions:

1. Declinations for Voluntary Self-Disclosure: Companies that voluntarily self-report, cooperate, and remediate will receive declinations under the revised Corporate Enforcement Policy (CEP), not merely a presumption. “The benefits have never been clearer and more certain,” he stated.
2. Corporate Monitors: Monitorships are now limited to cases where they are truly necessary. In many instances, the Department is substituting internal certifications and compliance improvements for external monitors, which Galeotti described as “temporary bridges” rather than permanent fixtures.
3. Efficiency in Enforcement: The Criminal Division is accelerating case timelines. “Lengthy and sprawling investigations do not serve the Department, our prosecutors, the American public, or those under investigation,” Galeotti said. He emphasized that cooperating companies must act swiftly in document production, witness availability, and engagement.

Implementation and Early Impact

Since releasing the white-collar enforcement memo less than 30 days ago, Galeotti reported an increase in both voluntary disclosures and whistleblower tips — including in areas newly added to the Corporate Whistleblower Awards Pilot Program. The Department is already seeing “tips related to drug trafficking and corruption, procurement fraud, healthcare fraud, and more.”

Galeotti concluded with a message: “This is the time for companies to self-report. It is the time to do the work, come in early, cooperate, and remediate.” He indicated that significant enforcement actions across the white-collar landscape are imminent.

The Criminal Division, he affirmed, is “focused on just that — bringing cases.”

Remarks as prepared for delivery [LINK] 

DAG FCPA Enforcement Memo 9Jun25 [LINK]