Alerts4.18.25
A New Chapter in FCPA Enforcement: State Attorneys General Take Action to Enforce Violations
In a significant shift, California’s Attorney General announced his intention to enforce violations of the FCPA by businesses operating in California under the state’s Unfair Competition Law (UCL).
A cornerstone of U.S. anti-bribery and anti-corruption policy, the Foreign Corrupt Practices Act (FCPA) has for decades fallen exclusively to the U.S. Department of Justice (DOJ) to enforce, providing a relatively stable and predictable enforcement environment for corporations and individuals engaged in international business. However, this predictability was upended this past February.
In response to a February 10 executive order temporarily suspending federal enforcement of the FCPA — which prompted the DOJ to review active FCPA matters, postpone trial dates, and, in at least one case, voluntarily dismiss charges — California has moved swiftly to assert its own enforcement authority. On April 2, California Attorney General Rob Bonta issued a legal advisory signaling his office’s intent to enforce FCPA violations under California’s Unfair Competition Law (UCL) — the federal government’s temporary pause notwithstanding.
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