The U.S. Department of Justice (DOJ) has long recognized that trying Foreign Corrupt Practices Act (FCPA) cases before juries can be a challenging endeavor. Unlike fraud schemes that hit close to home, such as Medicare fraud, securities fraud, or insider trading, origin bribery can feel distant, abstract, and even irrelevant to the average juror. Yet in 2024, the DOJ secured three high-profile FCPA trial convictions, each time leaning heavily on four central themes that resonate deeply with juries: local impact, abuse of power, financial motive, and concealment. James Koukios recently looked at these cases in a Law360 article titled “Expect DOJ To Repeat 4 Themes From 2024’s FCPA Trials.” His article is highly instructive for compliance professionals.
For compliance professionals, these prosecutorial themes are more than courtroom rhetoric. They provide a roadmap of how the DOJ will frame corruption and why companies must align their compliance strategies to both mitigate risk and reinforce ethical culture. As we head into another round of trials in 2025 and 2026, including U.S. v. Zaglin, U.S. v. Bautista, and U.S. v. Hobson, compliance officers should expect the DOJ to repeat these themes. More importantly, they should recognize the lessons embedded in them.
Local Impact: Bringing Foreign Bribery Home
One of the DOJ’s perennial challenges is convincing jurors that foreign bribery matters in their own communities. In the Polit trial, prosecutors hammered home the point with the refrain: “Here in Miami.” Over and over again, jurors were reminded that more than $10 million in bribe money was not just siphoned off in Ecuador; it was laundered into Miami real estate deals and commercial properties.
The Aguilar trial leaned on a similar approach in Brooklyn. While the bribery schemes involved Ecuador and Mexico, prosecutors pointed out that the contracts were negotiated “by lawyers right here in New York” and that some of the incriminating recordings were made “right here in Brooklyn.” Even in Oztemel, where the links were weaker, the government still stressed connections to Connecticut-based companies.
For compliance professionals, this theme underscores the importance of localizing the impact of compliance risk. Anti-bribery isn’t just about preventing corruption “out there” in some far-off jurisdiction. It’s about controlling the flow of illicit funds into our banks, real estate markets, and financial systems. It’s about recognizing that corruption abroad has ripple effects at home.
Compliance takeaway: In training and communications, draw a clear connection between global corruption and its local consequences. Employees must understand that misconduct overseas can lead to reputational harm, regulatory exposure, and even economic implications in the communities where they live and work.
Abuse of Power: Betrayal of Public Trust
The second theme, abuse of power, may be the DOJ’s most powerful narrative device. Jurors instinctively recoil at the idea of officials betraying their duty for personal gain. In Polit, prosecutors emphasized that as Ecuador’s comptroller general, the defendant was responsible for ensuring government funds were used correctly. Instead, he monetized his office, lifting fines and manipulating audits in exchange for bribes.
Similarly, Aguilar was portrayed as inducing officials who “held positions of influence and public trust” to sell that trust in return for contracts. In Oztemel, the DOJ framed the case as Petrobras officials betraying their fiduciary duties to Brazil by steering deals outside competitive bidding.
This framing does more than persuade jurors; it dovetails neatly with the statutory elements of the FCPA, which requires proof that defendants induced foreign officials to misuse their authority. By showing jurors that bribery equals betrayal, prosecutors tap into a deep well of civic values.
Compliance takeaway: Abuse of power is not just a courtroom theme; it is a significant corporate compliance risk: train leaders, managers, and employees on how the misuse of authority erodes trust. Ensure your compliance program monitors for conflicts of interest, undue influence, and improper discretionary decisions. And remind employees that even the perception of selling influence can damage both individual careers and the organization’s reputation.
Financial Motive: Greed as Intent
Greed is a straightforward concept for juries to understand. It is also one of the DOJ’s preferred tools for establishing criminal intent. In the Polit case, prosecutors highlighted the defendant’s Coral Gables mansion and Coral Way office building as tangible evidence of bribe proceeds. In Aguilar, they emphasized that when Vitol made money, it was because Vitol made money. His salary, bonuses, and equity increased significantly as the scheme expanded, with his stake rising from $6.2 million to $75.5 million.
In Oztemel, jurors were told that his compensation was directly tied to closing deals with Petrobras, deals secured through bribes. The message was clear: these weren’t noble businesspeople operating in gray areas; they were greedy actors lining their own pockets at the expense of others.
Compliance takeaway: Incentives matter. If your compensation structure encourages employees to “win at all costs,” you’re creating fertile ground for misconduct. Compliance professionals should partner with HR and leadership to ensure that performance metrics and reward systems don’t encourage employees to make unethical choices. Align financial incentives with compliance values, reward transparency, ethical decision-making, and adherence to policy, not just revenue and deal volume.
Concealment: Proof of Guilt
The fourth theme is concealment. The DOJ doesn’t just show jurors the bribes; it shows them the elaborate measures defendants took to hide them. These concealment tactics serve as both evidence of guilt and reinforcement of money laundering charges.
In Polit, prosecutors mapped the circuitous route of the bribe funds through Panama shell companies, loan agreements, and ultimately to Miami real estate. They showcased fake invoices and nominee ownership structures as evidence of deliberate deception. In Aguilar, they exposed “007” alias email accounts, sham consulting contracts, and layered transfers. In Oztemel, prosecutors emphasized fake consulting agreements, intermediaries, and disguised bank transfers.
The DOJ’s message: honest people do not create sham entities, falsify invoices, or route payments through multiple jurisdictions. Concealment equals consciousness of guilt.
Compliance takeaway: Transparency is your best defense. Encourage employees to document decisions, keep accurate records, and avoid the appearance of concealment. Utilize technology to monitor transactions for potential red flags, such as payments routed through unnecessary intermediaries or suspiciously complex transfers. When your systems detect unusual patterns, treat them as opportunities for early intervention.
Why These Themes Matter for Compliance
Taken together, Koukios explained that the DOJ’s four trial themes provide a simple but powerful compliance roadmap. Each theme cuts through the complexity of international finance and corporate structures to tell a story jurors can understand and compliance professionals can apply.
- Local impact reminds us to connect global risk to local consequences.
- Abuse of power highlights the dangers of unchecked authority.
- Financial motive underscores the need for ethical incentives.
- Concealment warns against opacity and poor record-keeping.
As prosecutors prepare for upcoming trials, Zaglin, Bautista, and Hobson can be expected to revisit these themes. And as compliance professionals, we should expect regulators to measure our programs by how well we anticipate and address these very risks.
Conclusion: Preparing for What’s Next
The DOJ’s FCPA trial playbook is no secret. Prosecutors know what resonates with jurors, and they’ll continue to use those narratives until they stop working. The real question is whether companies are learning the same lessons. Compliance officers have an opportunity to get ahead of the curve by internalizing these themes. Train employees on the local consequences of bribery and corruption. Build a culture that rejects the abuse of authority. Align incentives with ethics. And create systems that promote transparency over concealment.
By doing so, you not only prepare for the possibility of DOJ scrutiny but also build a compliance program that protects your organization, strengthens its culture, and reinforces trust with stakeholders. That is the true lesson of the DOJ’s four FCPA trial themes: corruption may be global, but its impact, its motives, and its cover-ups are universal. And compliance professionals are on the front lines of preventing them.
