Deputy AG Warns Lawyers: Public Criticism Could Undermine Leniency in FCPA Cases

Deputy Attorney General Todd Blanche Tells Corporate Counsel to Align Private Advice With Public Statements

Deputy Attorney General Todd Blanche warned corporate defense lawyers Thursday that public accusations that the Justice Department has de-prioritized white-collar enforcement could make it harder for those lawyers to secure lenient treatment for their clients. Speaking at an anti-bribery conference on the Foreign Corrupt Practices Act (FCPA) outside Washington, Blanche said the DOJ is pursuing FCPA matters "with precision and vigor."

“If folks in this room are going to be honest brokers when counseling clients, posting on LinkedIn or writing client alerts, the public narrative should match the private one. If you publicly claim we are not enforcing white‑collar crime aggressively enough, but privately insist that your clients are the victims of overreach, we notice that inconsistency.”

Blanche made clear that senior officials have been irritated by public statements from some members of the white‑collar bar suggesting the administration has pulled back on prosecutions, but he did not specify any formal penalties or particular repercussions for those inconsistencies.

He reiterated that bribery — domestic or foreign — undermines public trust, distorts competition and fosters other criminal activity. The deputy attorney general also acknowledged past criticisms that some prosecutions focused on trivial gifts or routine business courtesies, saying such matters should not be the focus of U.S. criminal enforcement.

“Investigating a longstanding American business is not the same as pursuing a cartel. De minimis courtesies and low‑value customary business practices should not be the focus of U.S. criminal enforcement,” Blanche said.

Blanche noted policy shifts at the department, including a willingness to decline intervention where bribery schemes lack a meaningful connection to the United States and are more appropriately addressed abroad. He also referenced an early Trump administration action that paused certain FCPA enforcement steps and pointed to new DOJ FCPA enforcement guidelines issued in June.

What This Means For Counsel: Corporate lawyers should weigh the potential reputational and practical consequences of public criticism of DOJ enforcement. Blanche’s remarks signal that the department is balancing vigorous anti‑bribery enforcement with a narrower focus on matters that meaningfully implicate U.S. interests.