DOJ's Criminal Division Chief Highlights FCPA Achievements & Future Innovation at ACI’s Annual Conference

Brent Wible, Chief Counselor for the Department of Justice’s (DOJ) Criminal Division, delivered a keynote address recently at the American Conference Institute’s (ACI) International Conference on the Foreign Corrupt Practices Act (FCPA). Speaking to an audience of legal experts, government officials, and corporate leaders, Wible reflected on the DOJ’s remarkable achievements in 2024 and outlined its continued commitment to combatting global corruption.

“This conference always marks a pivotal moment to reflect on where we’ve been and where we’re heading in the fight against corporate crime,” Wible began, highlighting the event’s reputation as a cornerstone for FCPA enforcement discussions.

Wible described 2024 as a “banner year” for FCPA enforcement, marked by six record-breaking corporate resolutions. Landmark cases against major global players, including Gunvor, Trafigura, and Raytheon, resulted in nearly $1.5 billion in penalties—figures unmatched since 2020.

“These aren’t just numbers,” Wible emphasized. “They represent our relentless commitment to tackling complex cases that span industries and continents, holding individuals and corporations accountable wherever they operate.”

Milestones in Individual Accountability

Highlighting the DOJ’s success in prosecuting individuals, Wible pointed to the convictions of high-ranking executives and foreign officials, including Venezuela’s former National Treasurer, Claudia Diaz Guillen, and Ecuador’s former Comptroller General, Carlos Polit. Polit’s conviction carried a 10-year prison sentence and a $16.5 million forfeiture, underscoring the DOJ’s focus on accountability at the highest levels.

Wible underscored the DOJ’s strides in using data analytics to uncover misconduct, noting how tools originally developed for healthcare fraud and insider trading cases have been repurposed for FCPA investigations. This innovative approach has already yielded convictions, with more cases in the pipeline.

“We’ve even brought on dedicated data scientists to analyze public and private data,” Wible explained. “The actionable leads they generate are changing the way we tackle corruption.”

Wible also celebrated the DOJ’s enhanced international collaboration, epitomized by the Gunvor resolution. Gunvor’s guilty plea for bribing Ecuadorian officials to secure contracts netting $287 million in illicit gains marked the first-ever coordination with Ecuador on an FCPA case. Gunvor agreed to pay over $90 million to Ecuadorian authorities, with the DOJ crediting up to 25% of the penalty—a historic outcome that cements Ecuador as a critical partner in global anti-corruption efforts.

“Cases like these go beyond punishing wrongdoing—they deter future misconduct and strengthen our international alliances,” Wible remarked.

Record-Setting Enforcement Metrics

On the domestic front, 2024 saw unprecedented enforcement activity. The Fraud Section convicted 232 defendants across 36 trials, with an average fraud loss of $35 million per defendant—up from $28 million in 2023. The DOJ charged 212 individuals, targeting key gatekeepers such as executives, lawyers, and medical professionals, and secured ten corporate resolutions, including four guilty pleas.

Notable cases included TD Securities’ spoofing scheme, Austal USA’s accounting fraud, and Raytheon’s defective pricing violations, which were resolved simultaneously with its FCPA case. These concurrent resolutions reflect the DOJ’s evolving approach to addressing systemic cultural and managerial failures.

Wible also detailed advancements in the DOJ’s Corporate Enforcement Policy (CEP) and Evaluation of Corporate Compliance Programs (ECCP). Updates emphasized timely self-reporting, internal reporting structures, and fostering a speak-up culture. For instance, in Albemarle’s case, a delayed disclosure was offset by its cooperation and remediation efforts, earning a 45% fine reduction—the highest ever awarded.

The DOJ’s Corporate Whistleblower Awards Pilot Program has further bolstered internal reporting, receiving over 250 submissions, with 60 under review. The program fills gaps left by other agencies and enhances ongoing investigations, reinforcing the DOJ’s message that robust internal reporting is critical.

Transparency & Forward Momentum

Transparency remains central to the DOJ’s enforcement philosophy. Publications like the midyear assessment of the Pilot Program on Compensation Incentives and Clawbacks offer insight into evolving strategies to combat corporate misconduct. The DOJ has also demonstrated its intent to revisit active resolutions, potentially granting early terminations where justified under revised CEP criteria.

Looking ahead, companies must recognize that their risk exposure extends far beyond traditional corruption cases. The DOJ’s proactive approach—evident in its scrutiny of recidivists and concurrent resolutions—sends a clear message that compliance failures, whether cultural or structural, will be met with heightened penalties and aggressive enforcement. The Raytheon case, where penalties began above the bottom of the Sentencing Guidelines due to concurrent fraud and FCPA investigations, is a telling example.

Wible also highlighted internal DOJ advancements, such as expanding the Fraud Section’s Special Matters Unit and the Money Laundering and Asset Recovery Section’s Privilege Review Unit. These specialized teams ensure investigations are not only thorough but also fair and legally sound.

Concluding his speech, Wible expressed optimism for the future, “The work we’ve done this year sets a strong foundation for 2025. With more resources, sharper tools, and a clear focus, we’ll continue to lead the charge against corruption and white-collar crime.”

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