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Corporate considerations for the new investigative priorities and policies announced by Attorney General Pam Bondi.

On February 5, 2025, Attorney General Pam Bondi was sworn into office and quickly issued 14 memos to Department of Justice (DOJ) attorneys outlining her enforcement priorities. Several of these memos will be of interest to companies, as summarized below:

  • FCPA Enforcement: In a broader memo laying out new priorities targeting international organized crime, Total Elimination of Cartels and Transnational Criminal Organizations directs the Foreign Corrupt Practices Act (FCPA) unit within DOJ to “prioritize investigations related to foreign bribery that facilitates the criminal operations of Cartels and TCOs, and shift focus away from investigations and cases that do not involve such a connection.” This guidance is consistent with the Trump administration’s directive on drug trafficking organizations.
  • Investigative Priorities: General Policy Regarding Charging, Plea Negotiations, and Sentencing lays out general DOJ policies and sets investigative and charging priorities, including immigration enforcement, human trafficking and smuggling, transnational organized crime, cartels and gangs, and protection of law enforcement. The memo disbands the Foreign Influence Task Force and the National Security Division’s Corporate Enforcement Unit. It further states that criminal charges under the Foreign Agents Registration Act (FARA) and 18 U.S.C. § 951 shall be “limited to instances of conduct similar to more traditional espionage by foreign government actors,” and announces a shift of resources within the Bureau of Alcohol, Tobacco, Firearms and Explosives (ATF).
  • Regulation and Administrative Law: Consistent with other moves by the administration related to deregulation, Reinstating the Prohibition on Improper Guidance Documents rescinds a 2021 memorandum on the issuance and use of guidance documents and directs the Associate Attorney General to report strategies to eliminate the illegal or improper use of such documents. In particular, the memo notes, “Guidance documents violate the law when they are issued without undergoing the rulemaking process established by law yet purport to have a direct effect on the rights and obligations of private parties governed by the agency or otherwise act as a substitute for rulemaking.” (See also President Trump Issues Executive Order Launching Massive Deregulation Initiative.)
  • Third-Party Settlements: The Attorney General rescinded two Biden administration memorandums related to third-party settlements in Reinstating the Prohibition on Improper Third-Party Settlements. The memo prohibits settlements from “require[ing] payments to non-governmental, third-party organizations that were neither victims nor parties to the lawsuits,” except in limited circumstances. The rescinded Biden-era guidance focused on “community service payments” in environmental crimes cases.
  • Diversity, Equity, and Inclusion (DEI): Consistent with other Trump administration actions on DEI, Eliminating Internal Discriminatory Practices and Ending Illegal DEI and DEIA Discrimination and Preferences identify enforcement priorities around DEI topics and eliminate certain internal DOJ programs related to DEI. (See more on DEI-related developments here.)
  • Environment/DEI: Consistent with the Trump administration’s directives on energy and environment as well as those on DEI, Rescinding “Environmental Justice” Memorandum undoes several executive orders from the previous administration, including those focused on the environment, citing concerns about “climate extremism” and its impact on inflation and business regulation. (See more on environment-related developments here.)
  • Immigration: Sanctuary Jurisdiction Directives outlines measures related to cooperation between state and local jurisdictions and federal authorities with respect to immigration enforcement. While it does not directly affect private companies, it may result in changes to immigration enforcement operations in subject jurisdictions. As such, corporate stakeholders should be prepared, as outlined here.