Her first full day as Attorney General, Pam Bondi issued a raft of policy changes, including a memorandum outlining the new administration's policies on charging, plea negotiations and sentencing.
While readers with an interest in Constitutional order may find the full memo illuminating, those involved in trade security and anti-corruption will note the following items tacked on the the end of the five-page memo:
"Shifting Resources in the National Security Division. To free resources to address more pressing priorities, and end risks of further weaponization and abuses of prosecutorial discretion, the Foreign Influence Task Force shall be disbanded. Recourse to criminal charges under the Foreign Agents Registration Act (FARA) and 18 U.S.C. § 951 shall be limited to instances of alleged conduct similar to more traditional espionage by foreign government actors. With respect to FARA and § 951, the Counterintelligence and Export Control Section, including the FARA Unit, shall focus on civil enforcement, regulatory initiatives, and public guidance.
“The National Security Division's Corporate Enforcement Unit is also disbanded. Personnel assigned to the Unit shall return to their previous posts."
The Foreign Agents Registration Act (FARA) (22 U.S.C. § 611 et seq.) requires individuals and entities acting as agents of foreign principals to register with the U.S. Department of Justice. Its purpose is to ensure transparency in foreign influence on U.S. policies and public opinion.
18 U.S.C. § 951 criminalizes acting within the U.S. as an agent of a foreign government without prior notification to the Attorney General. Unlike FARA, which applies broadly to foreign influence activities, § 951 specifically addresses covert or undisclosed operations directed by a foreign government. In the past, such violations carried severe criminal penalties, including imprisonment.
Another memo directs FCPA directs prosecutors to prioritize the investigation drug cartels and transnational criminal organizations (TCOs) and to “shift focus away from cases that do not involve such a connection.”
A note from the Washington office of Morgan Lewis details the narrowing of focus in enforcement focus as well as empowering any US attorney to pursue an FCPA case with 24 hours notice to the Criminal Division. [Link to Morgan Lewis Note].
[AG FCPA Memo]. [AG Charging Memo]
Eliminating Internal Discriminatory Practices, February 5, 2025
Ending Illegal DEI and DEIA Discrimination and Preferences, February 5, 2025
Establishment of Joint Task Force October 7, February 5, 2025
General Policy Regarding Charging, Plea Negotiations, and Sentencing, February 5, 2025
General Policy Regarding Zealous Advocacy on Behalf of the United States, February 5, 2025
Reinstating the Prohibition on Improper Guidance Documents, February 5, 2025
Reinstating the Prohibition on Improper Third-Party Settlements, February 5, 2025
Rescinding Environmental Justice Memorandum, February 5, 2025
Restoring a Measure of Justice to the Families of Victims of Commuted Murderers, February 5, 2025
Restoring the Integrity and Credibility of the Department of Justice, February 5, 2025
Return to Full-Time In-Person Work at the Department of Justice, February 5, 2025
Reviving the Federal Death Penalty and Lifting the Moratorium on Federal Executions, February 5, 2025
Sanctuary Jurisdiction Directives, February 5, 2025
Total Elimination of Cartels and Transnational Criminal Organizations, February 5, 2025
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