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Millicom Subsidiary Enters Into First FCPA Corporate DPA Since FCPA Pause Lifted: Takeaways on Enforcement Landscape and Compliance Priorities
Reprinted from: New York Law Journal | 01/27/2026Cadwalader’s Gina Castellano, Laura Perkins and Martin Weinstein co-authored a New York Law Journal article analyzing the first corporate Foreign Corrupt Practices Act (FCPA) deferred prosecution agreement (DPA) since the Department of Justice lifted its FCPA “pause” and issued revised enforcement guidance in June 2025. The piece examines the two-year DPA entered into by Millicom subsidiary Comunicaciones Celulares S.A. (Comcel) resolving a long-running bribery scheme in Guatemala and requiring more than $118 million in penalties and forfeiture.
The authors explain that while the misconduct involved pervasive, senior-level bribery, including payments to lawmakers to secure favorable legislation and preserve Comcel’s substantial market share, the DOJ credited Millicom’s early voluntary disclosure, subsequent cooperation and extensive remediation. In line with the DOJ’s updated Corporate Enforcement and Voluntary Self-Disclosure Policy, Comcel obtained a shorter-than-standard term, no compliance monitor and a 50% reduction off the bottom of the U.S. Sentencing Guidelines range.
Gina, Laura and Martin highlight that the resolution underscores several enforcement and compliance priorities: the DOJ’s continued focus on voluntary self-disclosure even as it demonstrates its ability to independently develop evidence; the expectation that companies significantly invest in compliance, demonstrated by DOJ crediting Millicom’s 800% increase in compliance headcount, direct reporting lines to the parent, enhanced third-party oversight and use of data analytics; and the need for robust policies to preserve and review ephemeral messaging.
The article also flags the DOJ’s attention to cartel-related conduct, the particular risks of operating in high-risk jurisdictions and the importance of addressing corruption exposure in joint ventures and post-acquisition integration.
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