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FCPA
& Anti-Bribery
2025 Alert
Hughes Hubbard & Reed LLP
A New York Limited Liability Partnership • One Battery Park Plaza
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© 2026 Hughes Hubbard & Reed LLP
Global Investigations, Enforcement,
and Compliance Practice Group
CO-CHAIRS
Michael A. DeBernardis (U.S.)
Anne Hukkelaas Gaustad (EU)
Marie-Agnès Nicolas (EU)
PARTNERS
Derek J. T. Adler
Koushik Bhattacharya
Charles W. Cohen
Diego Durán de la Vega
Terence Healy
Yi-Chin Ho
Daniel J. McLaughlin
Neil J. Oxford
Jeremy P. Paner
Salim Jorge Saud Neto*
Caro
FCPA & Anti-Bribery 2025 Alert
Global Investigations, Enforcement, and Comp
Executive Editor Primary Editors Edi
Introduction “It’s all happening.”
Table of Contents CHAPTER 1 • HIGHLIGHTS, TREN
Table of Contents continued Vikas Sagar . . .
1 Chapter Highlights, Tre
Recent Highlights The past year has seen several
involving foreign officials who have received bri
Material Revisions to CEP On May 12, 2025, DOJ C
Additions to Whistleblower Pilot Program The Gal
to the DPA, ABB agreed to pay $327 million. Prose
otherwise company-friendly approach to FCPA enfor
penalty and forfeit $58.2 million. The criminal fi
Trends & Lessons TRENDS Below we highlight sev
Burden to the Business Takes Center Stage/This is
years in prison. “Not quite my tempo,” was a favo
Comcel in 2021, including conducting a root cause
privilege waiver resulting from such cooperation
• Examine Carefully the Qualifications of Agent
with Deere & Company, the SEC identified that Deer
increasingly common for corporate resolutions, in
2 Chapter FCPA
FCPA Elements and Penalties The FCPA has two fun
[T]he Conferees agreed that “simple negligence” o
was lawful under the written laws and regulations
penalties of up to $16,000 for organizations or i
Policy/Legal Updates During the course of 2025,
Galeotti Memo announced new white-collar enforcem
Revisions to the CEP The Galeotti Memo announced
According to the Monitorship Memo, prosecutors sh
5. Trade, tariff, and customs fraud by corporat
• Protecting U.S. Business Interests. Under th
FCPA Settlements and Enforcement Actions:
ski equipment, snowmobiles, and hot springs visit
MCKINSEY & CO. AFRICA (PTY) LTD. Overview On De
other locations rather than at McKinsey Africa’s
AAR CORP. Overview On December 19, 2024, AAR CO
subsidiary entered into a joint venture with the
Cease-And-Desist Order Under a stipulated cease
Resolution The DOJ’s declination comes after Lib
According to the superseding indictment, the brib
derived from laundered drug trafficking money. Ca
FCPA Settlements and Enforcement Actions:
ADANI GROUP On November 20, 2024, the DOJ unsea
COGNIZANT EXECUTIVES (GORDON COBURN AND STEVEN SC
Corp. (“Smartmatic”) on FCPA and money laundering
CHARLES HOBSON On April 11, 2025, the DOJ filed
TIM LEISSNER On May 29, 2025, Judge Margo K. Br
CRISTIAN PATRICIO PINTADO GARCIA On June 24, 20
DEEPAK SHARMA On June 30, 2025, Deepak Sharma,
HONDURAN POLICE UNIFORM SCHEME (ALDO NESTOR MARCH
VIKAS SAGAR On September 24, 2025, Judge Collee
Rovirosa’s trial took place from December 1 throu
In October 2025, Innecco died in Brazil after flee
3 Chapter Anti-Corruption
Anti-Corruption Enforcement Update: Brazil RELEV
authorized different entities of the Brazilian Fe
compliance program. When assessing a compliance p
certainty. The ATC establishes coordinated action
“sustainable, fair, and democratic economic and s
by the OECD Working Group on Bribery that the cou
years, the request would benefit a number of compa
ENFORCEMENT HIGHLIGHTS Recent Settlements Anti-
The agreement is the result of a coordinated nego
and 2014 and involved the payment of undue advant
Federal Agencies Settlements in 2024 In 2024, t
connection with the payment of undue advantages t
(“Microstrategy”). Microstrategy self-reported th
Anti-Corruption Enforcement Update: France RELEV
conviction or admission of guilt. This alternativ
at least 500 employees and an annual turnover of
respect to potential takeover bids, financial resu
SELECTED RECENT ENFORCEMENT ACTIONS 2024 AREVA S
2025 PAPREC—February 10, 2025 On February 10, 2
According to the criminal investigation, Klubb’s
structure of cross-invoicing and fund transfers.
from the conduct. When determining the amount of
Anti-Corruption Enforcement Update:
Economic Crime and Corporate Transparency Act (“E
Privilege: The guidance states that a company tha
this affirmative defense. While it will be up to
3. Risk Assessment: companies must conduct risk
The SFO emphasized its goal of preventing fraud,
Joint SFO-CPS Corporate Prosecution Guidance On
between 2007 and 2014. Gibson and Wakefield were a
4 Chapter Anti-Corrupt
Multilateral Development Banks Sanctions Multila
Recent Sanctions for Corrupt Practices A signific
eventually won. In determining the sanctions, the
Lessons from Sanctions Decisions Regarding
No. 78 ¶ 56 (2015)). More broadly, corrupt intent
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