Trevor McFadden, the U.S. Justice Department's Acting Principal Deputy Assistant Attorney General for the criminal division, may have recently telegraphed the DOJ's top Foreign Corrupt Practices Act priorities under the new Trump Administration. In a pair of speeches in April, McFadden, in hinting at those priorities, expressed understanding that “the vast majority of international businesses and business leaders want to get compliance right.” McFadden has since been nominated to a federal judgeship, but much can be gleaned from his message.

McFadden, who worked with companies on FCPA issues in private practice before rejoining DOJ in January of this year, stressed that “the Fraud Section and FCPA Unit's aims are not to prosecute every company we can, or break our own records for the largest fines or longest prison sentences.” He recognized that companies that reach resolutions with DOJ are not “bad companies” and that “companies with good intentions can make mistakes.” As a result, according to McFadden, the Department's primary “aim is to motivate companies and individuals voluntarily to comply with the law” because “they are in the best position to detect risk” and to “take preventative measures.”

Building on this theme, McFadden highlighted several key areas where companies may see a shift in FCPA focus under the new administration: