NEW 2025 DOJ POLICY MAY HAVE STEPPED AWAY FROM FCPA ENFORCEMENT TO PROTECT CAMPAIGN CONTRIBUTORS, BUT THE FLIP SIDE, THE FOREIGN EXTORTION PREVENTION ACT, REMAINS A VALUABLE ENFORCEMENT TOOL

If you regularly follow major white collar cases in the European Union, then you are aware of the scandal in the Republic of Malta, involving massive allegations of bribery and kickbacks made by American businessmen who literally stole that country's government-owned hospitals, in a sweetheart deal finessed through significant payments made under the table. Officers in the American company involved, are presently under criminal investigation, and now these individuals, who have made significant political contributions, are going to be benefited by the new DOJ policy to ignore FCPA violations.

While legal observers are upset about this, let me remind everyone that the 2023 FOREIGN EXTORTION PREVENTION ACT (FEPA), which charges the foreign nationals who received the bribes to conduct business with Americans, remains in effect as a potent tool of justice. It criminalizes the demand side of bribery. The Americans who looted Malta may escape prosecution, but the recipients of their hidden payments can still be charged in Federal Court in the United States. Muscat and all the other then-government officials in Malta might want to consult a good American criminal defense attorney.