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March 28, 2025

FCPA 'Purgatory' Frustrates White Collar Bar, Anxious Clients

Law360

Jon Sale, co-chair of the firm's White Collar & Government Investigations Practice Group, was quoted in a Law360 article, "FCPA 'Purgatory' Frustrates White Collar Bar, Anxious Clients," published on March 27. The article discusses the uncertainty lawyers and clients face due to a pause in Foreign Corrupt Practices Act enforcement following President Trump's executive order, leaving them unsure how to proceed.

Sale told Law360 that "doubt about whether an 'acting head has the same authority as an assistant AG' has spurred some white collar attorneys to appeal up to Deputy Attorney General Todd Blanche, the No. 2 at the Justice Department, as they seek to resolve clients' FCPA matters."

"In my experience, when the DAG is considering whether to grant a meeting, that office asks the Criminal Division what the investigation is about," Sale said. "There may be problems getting an informed response from the Criminal Division, because of the absence of a permanent assistant AG, even though the acting head of the Criminal Division is a respected career professional."

Read the full article here.