The Department of Justice (DOJ) appears not to have abandoned prosecution of non-cartel Foreign Corrupt Practices Act (FCPA) cases despite recently identifying foreign corruption and terrorist organizations as a top priority. The recent resolution of a yearslong FCPA bribery investigation through a deferred prosecution agreement highlights, however, the value DOJ places on corporate cooperation and voluntary self-disclosure that assist in an investigation. This is also further evidence that the pause in FCPA enforcement that the Trump administration ordered in February 2025 is not all-encompassing. 

In November 2025, Comunicaciones Celulares S.A. (d/b/a TIGO Guatemala) entered into a two-year deferred prosecution agreement (DPA) with the DOJ stemming from criminal charges that the Guatemalan telecommunications service provider engaged in a scheme where TIGO Guatemala paid monthly cash bribes to Guatemalan congressional members to support legislative efforts for the company’s benefit — including the passage of legislation that renewed its radiofrequency titles. Pursuant to the DPA filed in the Southern District of Florida, TIGO Guatemala was charged with one count of conspiracy to violate the anti-bribery provisions of the FCPA. The DPA includes payment of just north of $118 million: $60 million in criminal penalties and approximately $58 million in administrative forfeiture. Notably, the fine amount represents a 50% reduction from the bottom of the applicable guidelines range.

TIGO Guatemala’s parent company Millicom voluntarily disclosed information to the DOJ in 2015. At the time, the minority owner of TIGO Guatemala had operational control of TIGO Guatemala and prevented Millicom from accessing key evidence to cooperate with the investigation. After closing the investigation in 2018, the DOJ reopened its inquiry in 2020 when evidence from third-party sources revealed that some of the cash bribes had been laundered through narco-trafficking. In 2021 when Millicom bought out its joint venture partner, it was able to cooperate extensively in the second phase of the DOJ investigation.  

The DPA recognizes TIGO Guatemala’s efforts. However, TIGO Guatemala was ineligible for self-disclosure credit under parts I or II of the DOJ’s Corporate Enforcement and Voluntary Self-Disclosure Policy because the company was prevented from cooperating during the first investigative phase due to the minority owner’s control, and because the narco-trafficking evidence was obtained from third-party sources and not TIGO Guatemala. The DOJ provided the company with the maximum reduction applicable under part III of the policy. It “gave significant weight” to the 2015 voluntary disclosure by parent company Millicom and credited Millicom’s robust 2021 remediation efforts and acceptance of responsibility in the second phase. Remediation undertakings included the termination of employees who were involved in the scheme, enhancement of compliance programs, improvement of transaction monitoring systems, and implementation of an ephemeral messaging policy that requires affirmative employee acknowledgment of that policy. TIGO Guatemala also provided the government with information from its internal investigation that served as a basis for the DOJ’s independent investigation.

In contrast, the September 2025 conviction of Carl Zaglin was significantly harsher because Zaglin and his company neither self-disclosed nor cooperated with the government’s investigation. Zaglin was convicted and sentenced for violating the FCPA by bribing Honduran officials to secure law enforcement uniform contracts. In December 2025, he was sentenced to eight years and forfeiture of $2 million.

The TIGO Guatemala investigation shows the DOJ is willing to reward zealous efforts of timely remediation, self-disclosure, and cooperation. This investigation is another example case that aligns with at least some of the factors outlined in Deputy Attorney General Todd Blanche’s and Matthew Galeotti’s memoranda that are still ripe for prosecution, despite a stated focus on cartel and transnational criminal organization indictments. While these cases appear to remain in its sights, the DOJ seems positioned to reward corporate remediation and compliance efforts such as those TIGO Guatemala implemented.

Companies should continue to proactively review risk controls and implement employee training to identify potentially high-risk transactions to strengthen anti-corruption measures. Implementation of anonymous methods of reporting suspicious activity through a whistleblower hotline can improve the ability of a company to voluntarily disclose early and conduct a thorough investigation into the events. These compliance initiatives can result in significant credit and leniency when faced with criminal prosecution.

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