Who investigates and why it matters
The Foreign Corrupt Practices Act is enforced criminally by the Justice Department and civilly by the SEC for companies whose securities trade in the United States. Federal enforcement priorities shifted in 2025, with the Justice Department narrowing its focus, but the statute remains in force and the time to bring charges can outlast a change in policy. Foreign authorities may also be investigating the same conduct under their own anti-bribery laws. Many investigations begin with a whistleblower, a company's own disclosure, or information uncovered during a merger review. Knowing which authorities are involved shapes how the company and individuals respond.
Individuals and the company are not the same client
When company counsel interviews you, they typically represent the company, and they should tell you that what you say may be shared with the government. That warning matters because the company's interests and yours can diverge, especially if the company is seeking credit for cooperation. You may want your own counsel before an interview, and many companies advance legal fees for employees under their bylaws or indemnification agreements. Keep your records intact, avoid deleting messages on personal devices used for work, and do not compare recollections with colleagues. If you work outside the United States, local data and employment laws may also affect what can be shared.
Early decisions
For a company, one of the first strategic questions is whether and when to self-report, because Justice Department policies have offered credit for voluntary disclosure and cooperation, and the terms of that credit change from time to time. For an individual, the first question is usually how investigators view you and whether you need separate representation. We look at the documents and transactions at issue, the countries involved, and any related internal investigation. We also discuss collateral issues, from employment status to international travel. The aim is a sound plan before anyone sits down with the government.
