Back in July, we wrote about the Department of Justice’s (DOJ) renewed enforcement focus on the Foreign Corrupt Practices Act (FCPA) after the Administration issued an executive order instructing the US attorney general to temporarily pause new FCPA investigations and enforcement actions. At the time, whistleblowers and their advocates were rightly concerned that the pause signaled a retreat from holding corporations accountable for foreign bribery and corruption.
But as we noted, DOJ’s updated guidance made clear that FCPA enforcement was not dissolving—it was evolving.
Fast forward to fall 2025, and the FCPA remains squarely in federal law enforcement’s spotlight. In fact, a recent case confirms that foreign bribery cases remain a top priority for the government, especially when economic fairness is at risk.
What Kinds of Foreign Corruption Will the Government Prosecute?
Foundationally, the FCPA prohibits offering or paying anything of value to foreign officials to gain business advantages and competitive edge. While DOJ handles criminal enforcement of the FCPA, the Securities and Exchange Commission (SEC) focuses on civil violations.
Going forward, federal enforcement authorities will focus on bribery and corruption schemes that intersect with cartel activity, disadvantage U.S. businesses, or threaten national security. DOJ has also shifted its scrutiny away from “routine business practices” and “low-dollar” transactions—such as gifts, travel and entertainment—that have traditionally been the focus of corporate compliance programs.
Underscoring that the authorities’ focus on FCPA violations is alive and well, DOJ announced its first FCPA enforcement action in August, just one month after it implemented these new guidelines. The case involves two foreign nationals residing in the U.S. who allegedly bribed Mexican officials at a state-owned energy company to secure millions of dollars in lucrative contracts, among other advantages.
Is a level playing field for U.S. businesses and their investors an entirely new focus? Not really.
Historically, the largest FCPA penalties have been levied against foreign companies with U.S. operations. Together, cases against Ericsson, Siemens, Alstom, MTS, Glencore, and Teva Pharmaceutical have resulted in billions of dollars to resolve allegations of bribery and accounting fraud.
Why Blow the Whistle, and to Whom?
Both the SEC and DOJ have programs that provide substantial rewards for tips that lead to successful enforcement of the federal securities laws, including the FCPA.
Under the SEC Whistleblower Program, eligible individuals can receive between 10% and 30% of monetary sanctions collected in cases where penalties exceed $1 million. Awards are paid from a replenishing investor protection fund, not taxpayer dollars. Since its inception under the Dodd-Frank Act, the SEC has awarded more than $2.2 billion to whistleblowers. Importantly, a significant number of tips involve violations of the FCPA.
Notably, individuals can report FCPA violations to the SEC anonymously—but only if they are represented by an attorney. This is especially significant given that most whistleblowers wish to protect their identities and mitigate professional risk. This protection, combined with robust anti-retaliation provisions, makes the SEC Whistleblower Program one of the government’s most powerful tools for detecting and deterring misconduct.
DOJ’s pilot whistleblower reward program also rewards whistleblowers for reporting FCPA violations not covered by the SEC, which could further incentivize reporting of foreign bribery and corruption. DOJ has signaled that whistleblower input will be critical to its revamped enforcement strategy.
As the Feds Double-Down on Foreign Corruption, Whistleblowers Can Help
Company insiders, vendors, and agents, among others, often have access to the most timely and specific information on bribery schemes. One way prospective whistleblowers can spot fraud is to scrutinize high-value transactions, suspicious bidding processes and vendor relationships, particularly in regions like Latin America and in sectors such as defense, infrastructure, and critical minerals.
Corruption is happening. And it harms American businesses, employees and investors. Fortunately, the government has deputized individuals to join in the work to level the playing field and punish bad actors. The opportunity to report wrongdoing, protect investors, and potentially receive substantial financial rewards has never been more compelling.
Outten & Golden’s leading whistleblower attorneys are here to help individuals navigate the process confidentially and securely. The spotlight is on the FCPA—and whistleblowers can lead the way.
