Feds Resume Foreign Bribery Prosecutions after Prolonged Hiatus under DOJ
The United States Department of Justice (DOJ) has resumed its Foreign Corrupt Practices Act (FCPA) enforcement following a 180-day pause mandated by President Donald Trump's Executive Order, unsealing its first FCPA enforcement action since the pause on August 11, 2025.
Two Mexican citizens and lawful permanent residents of the United States, Ramon Alexandro Rovirosa Martinez and Mario Alberto Avila Lizarraga, who reside in Texas, have been indicted for their alleged involvement in a bribery scheme. The indictment describes a scheme to retain and obtain more than $2.5 million in contracts with the state-owned Mexican oil company Petróleos Mexicanos (PEMEX) and its exploration and production subsidiary, PEMEX Exploración y Producción (PEP).
Mr. Rovirosa owned, controlled, or was otherwise associated with six privately owned Mexican energy companies. Mr. Avila worked for the benefit of Mr. Rovirosa and his companies. According to the indictment, the two men, with the help of at least three unindicted co-conspirators, orchestrated several schemes to bribe officials of PEMEX and PEP to secure lucrative contracts for Mr. Rovirosa's businesses.
The total value of the contracts awarded to Mr. Rovirosa's companies was approximately $2.5 million. The bribe payments resulted in PEMEX and PEP officials favorably resolving an audit, awarding contracts, and intervening in the bidding process for Mr. Rovirosa's companies.
The DOJ's reliance on WhatsApp messages as the primary source of evidence in the indictment serves as a reminder of the importance placed on "off channel" communications sources.
Meanwhile, the DOJ's declination letter does not mention any connections to cartels or harm to U.S. companies. The DOJ's declination was based on the company's timely and voluntary self-disclosure, cooperation, remediation efforts, absence of aggravating circumstances, and agreement to disgorge approximately $4.7 million in profits.
The June Guidelines, issued by the DOJ on June 9, 2025, represent a strategic shift in FCPA enforcement. The Guidelines articulate new priorities emphasizing protection of U.S. national security and competitiveness rather than broadly pursuing FCPA violations. Enforcement now primarily focuses on bribery linked to cartels, transnational criminal organizations (TCOs), foreign terrorist organizations (FTOs), and conduct undermining American economic interests.
The updated Guidelines aim to limit undue compliance burdens on American businesses, allowing them to compete more effectively internationally while still addressing serious corrupt conduct tied to national interests. The DOJ encourages companies to voluntarily disclose misconduct early, fully cooperate, remediate issues, avoid aggravating circumstances, and disgorge ill-gotten gains to receive declinations on prosecution.
Companies should ensure that appropriate compliance resources are devoted to their activities in Latin America, as conduct in Mexico and elsewhere in the region may receive greater scrutiny by U.S. law enforcement authorities. The June Guidelines note that FCPA enforcement should not penalize "routine business practices in other nations," but the indictment suggests that luxury gifts are not considered routine.
The June Guidelines also emphasize individual accountability, with the DOJ shifting FCPA enforcement from corporate entities toward identifying and prosecuting individuals. The DOJ will continue to issue declinations under the CEP for companies that self-disclose potential FCPA violations, fully cooperate, remediate, and disgorge profits relating to the improper conduct.
A separate DOJ motion related to Mr. Rovirosa's conditional release notes that he has "ties to Mexican cartel members and that he was previously involved in violent conduct in Mexico," a claim that does not appear in the indictment itself and does not appear directly relevant to the bribery allegations.
In summary, the June 2025 FCPA Guidelines transform DOJ enforcement by narrowing focus to protect U.S. national interests and competitiveness, emphasizing individual accountability, encouraging robust corporate compliance, and cautiously resuming enforcement following the executive-ordered pause. Early enforcement actions since the Guidelines’ release illustrate this measured approach, with less emphasis on routine business practices overseas and more on serious, overarching threats to U.S. policy goals.
Sports clubs in the United States should be vigilant about potential breaches of the Foreign Corrupt Practices Act (FCPA) in their business dealings with international partners, particularly those in the energy sector like the state-owned Mexican oil company Petróleos Mexicanos (PEMEX) and its exploration and production subsidiary, PEMEX Exploración y Producción (PEP). The DOJ's recent enforcement actions against Mexican citizens involved in a bribery scheme serve as a warning about the risks of engaging in corrupt practices, even if they are considered as routine business practices in foreign countries.
