Skip to content
Our 2025 FCPA Year in Review marked the first session in Ethixbase360’s new TPRM Expert Series, a program of expert-led webinars and briefings designed to deliver practical insight between editions of the Third-Party Risk Management Summit.
For this opening session, we were joined by Chuck Duross, co-head of Morrison Foerster’s FCPA and Global Anti-Corruption practice and former Chief of the U.S. DOJ’s FCPA Unit. Drawing on decades of experience inside and outside government, Chuck offered a candid assessment of how FCPA enforcement shifted over the past year, and what compliance leaders should focus on now.
2025 was one of the more unusual years in the history of FCPA enforcement. While headlines centered on an unprecedented enforcement “pause,” the takeaway from the discussion was clear: the law has not changed, and the risks have not gone away. Below are five key takeaways from the session.
1. The Enforcement Pause Was Short—But Its Effects Were Lasting
The DOJ’s 180-day enforcement pause was unprecedented—and, as Chuck noted, it ended sooner than many expected. While some assumed it would run its full course or be extended, it was brought to an early close following internal DOJ review and policy clarification, with timing that coincided with the June meeting of the OECD Working Group on Bribery.
Even so, the impact was significant: a review and closure of older cases, a reduction in prosecutors, and a reset of priorities. Enforcement hasn’t disappeared, but the structure behind it is now leaner, more selective, and more focused.
2. Corporate Cases Declined, But Individuals Continue to Be Prosecuted
Only three corporate FCPA cases were brought in 2025—a sharp decline from prior years. But enforcement against individuals did not slow.
Chuck pointed to multiple convictions and long prison sentences, including an eight-year sentence in a bribery case involving Honduras. As he emphasized, the FCPA is “a criminal statute, and people go to prison for violating it.”
Individual liability—for employees, executives, and intermediaries—continues to be a core enforcement tool, reinforcing the need for clear accountability and effective oversight.
3. Third Parties Continue to Be the Biggest Source of Risk
Third parties remain the most consistent source of FCPA exposure. As Chuck noted, “90 to 95 percent of bribery cases involve intermediaries,” a pattern that continued across the 2025 cases.
He stressed that a one-time review is not enough. Companies should take a lifecycle approach, with due diligence at onboarding, clear contractual expectations, payment controls, and ongoing monitoring of third parties.
As Chuck put it, third parties are often “the easiest and most efficient way to move money,” which is why they remain central to enforcement actions.
4. High-Risk Regions and Cartel Exposure Warrant Closer Review
With new DOJ guidance encouraging prosecutors to look for cartel or transnational criminal organization links, companies operating in Mexico, Brazil, Colombia, and Venezuela should reassess their risk exposure.
Chuck cautioned that this risk may surface through vendors—such as security, fuel, transport, or facilities providers—that are often overlooked, not only through government-facing third parties.
5. Enforcement Continues Outside the U.S.
More than 40 countries now have foreign bribery laws under the OECD Anti-Bribery Convention, and many actively enforce them. As Chuck noted, this is no longer just a U.S. issue, and organizations should not assume that slower U.S. activity reduces overall exposure.
Regulators in other countries continue to pursue cases and work together, meaning issues can surface through non-U.S. authorities even when U.S. enforcement appears quieter.
Listen to the full webinar recording for a detailed breakdown of 2025 FCPA developments and cases.