DOJ’s New FCPA Guidelines: Strategic Considerations for Fintech, AI, and Banking Firms
On June 9, 2025, the U.S. Department of Justice (“DOJ”) released updated guidelines on Foreign Corrupt Practices Act (“FCPA”) enforcement (“Guidelines”), signaling a more focused and strategic approach to anti-corruption investigations going forward.
The Path Thus Far
On February 5, 2025, U.S. Attorney General Pam Bondi issued a directive to DOJ to prioritize FCPA investigations related to transnational criminal organizations and cartels. Five days later, the President issued an executive order that paused FCPA enforcement and directed DOJ to realign its priorities with U.S. national interests.
The new Guidelines make clear that, while DOJ’s priorities have shifted, the implications for fintech, AI, and banking companies, which oftentimes operate across borders, remain significant.
What’s Changed?
DOJ will now prioritize FCPA cases that directly impact U.S. national and economic security interests. This includes bribery schemes that disadvantage U.S. companies or involve transnational criminal organizations.
The Guidelines suggest that routine compliance lapses are less likely to trigger DOJ scrutiny and enforcement unless they intersect with broader misconduct.
Companies should be aware of several core themes:
National Interest as a Guiding Principle: Enforcement will prioritize cases involving foreign bribery schemes that harm identifiable U.S. companies or individuals, particularly in sectors critical to national security such as defense, infrastructure, and energy.
Focus on Serious Misconduct from Individuals: DOJ will concentrate on egregious violations—those involving cartels, transnational criminal organizations (TCOs), or sophisticated concealment tactics. Routine compliance missteps are less likely to be pursued unless they intersect with broader criminal activity. The Guidelines state that “prosecutors shall focus on cases in which individuals have engaged in misconduct and not attribute nonspecific malfeasance to corporate structure.”
Procedural Changes for Increased Oversight and Centralized Review: All new FCPA investigations and enforcement actions must now be approved by senior DOJ leadership, signaling a more centralized and strategic approach to case selection. Prosecutors must now consider (1) the disruption to lawful business; (2) the collateral consequences to a business throughout the investigation; (3) deference to foreign regulators who are willing and able to investigate and prosecute misconduct.
Implications for Foreign Companies: The Guidelines underscore that many of the most serious bribery cases have historically involved foreign entities. As such, non-U.S. companies operating in competitive markets with American firms may face heightened scrutiny.
Why This Matters for Fintech, AI, and Banking
These sectors are uniquely positioned at the intersection of innovation, regulation, and global competition. DOJ’s new framework presents both opportunities and risks:
Fintech Firms operating across borders may face scrutiny if their platforms are used to facilitate illicit payments or if they operate in high-risk jurisdictions. DOJ’s narrowed focus does not eliminate liability for firms that fail to detect or prevent misuse of their systems.
AI Companies developing tools for financial services, procurement, or government contracting must ensure their technologies are not used to obscure or automate corrupt practices. DOJ has emphasized that sophisticated concealment tactics remain a top priority for enforcement.
Banking Institutions remain under the microscope due to their role in facilitating international transactions. While DOJ may deprioritize technical compliance violations, banks must still maintain robust anti-bribery controls, especially when dealing with politically exposed persons or state-owned enterprises.
Key Takeaways for Compliance Teams
Reassess Risk Profiles: Companies should reassess their exposure considering DOJ’s emphasis on national interest and high-impact misconduct. This includes reviewing third-party relationships and cross-border operations.
Strengthen Internal Controls: Ensure that compliance programs are not only well-documented but also actively enforced. This is especially critical for firms leveraging AI to automate decision-making or customer onboarding.
Monitor Enforcement Trends: DOJ’s centralized review process means fewer, but more strategic, enforcement actions. Companies should stay alert to emerging patterns and adjust their compliance posture accordingly.
Avoid Complacency: DOJ’s shift is not a retreat. Firms that interpret the Guidelines as a relaxation of standards may find themselves unprepared for targeted investigations.
The federal government has not indicated significant pullback involving third party risk management practices and conduct that could implicate the Bank Secrecy Act and Anti-Money Laundering Act, especially in developing and maintaining layered technologies for monitoring systems and executing international transactions.
Further, the statute of limitations for FCPA violations is five years. This means that a business may come under FCPA scrutiny long after the alleged misconduct and could be prosecuted under a different administration.
Seeking Counsel for Resiliency
Our firm offers both discreet and deeper services to advise clients across the fintech, AI, and banking sectors on how to adapt to this evolving enforcement landscape. We offer:
Tailored risk assessments aligned with DOJ priorities
Compliance program reviews and enhancements, including detection and elevation protocols
Investigations support and regulatory response strategies
Strategic counsel on cross-border operations and third-party risk
If your organization operates in these sectors or engages in international business, now is the time to ensure your compliance framework is aligned with DOJ’s evolving expectations.
Contact Seth Waxman and Chloé Dolsenhe to discuss how to support your team on these issues or other compliance matters.
Download a PDF of this article here.
About The Authors
Seth Waxman is a Partner at Mitchell Sandler. He leads the White Collar Defense and Corporate Investigations Group. He represents financial institutions, financial service providers, mortgage lenders, health care companies, public officials and all other manner of businesses and individuals facing government investigations, criminal and civil actions, and regulatory enforcement. He is a nationally recognized former federal prosecutor with 30 years’ experience.
Chloé Dolsenhe is Senior Associate at Mitchell Sandler. She specializes in regulatory compliance, government enforcement, and internal investigations primarily for financial technology companies, depository institutions and third-party service providers. She brings her experience as a government enforcement attorney where she leveraged AI in investigations and led the Generative AI Working Group in the Enforcement Division of the Office of the Comptroller of the Currency. She advises clients seeking compliance guidance when integrating artificial intelligence and integrating digital assets into their consumer products.
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