On 12 December 2025, the US Department of Justice announced a Deferred Prosecution Agreement under the Foreign Corrupt Practices Act with TIGO Guatemala. This marks the first FCPA Deferred Prosecution Agreement of President Trump’s second term and the first corporate criminal FCPA resolution since enforcement resumed earlier in 2025.
The TIGO Guatemala matter is the second publicly announced corporate FCPA outcome of the administration, following the Liberty Mutual declination in August 2025. Read together, the two cases provide early insight into how the DOJ is applying its recalibrated FCPA enforcement framework following the February pause and the updated enforcement priorities issued in May 2025.
The Liberty Mutual case involved bribery by employees of the company’s Indian subsidiary between 2017 and 2022. Approximately $1.47 million in bribes were paid to officials at Indian state-owned banks in exchange for customer referrals, generating around $4.7 million in profit. Although the DOJ found sufficient evidence to bring charges, it declined prosecution under its Corporate Enforcement and Voluntary Self-Disclosure Policy. The decision was grounded in early self-reporting, full cooperation, comprehensive remediation, and the absence of aggravating factors. Liberty Mutual agreed to disgorge its profits and continue cooperating with any related investigations.
The TIGO Guatemala resolution illustrates the other side of that enforcement boundary. While the DOJ credited extensive cooperation and post-acquisition remediation with a 50 percent reduction in the criminal penalty and the decision not to impose an independent compliance monitor, it did not offer a declination. Prolonged misconduct, obstruction of the initial investigation, and the use of narcotrafficking proceeds to fund bribes placed the case beyond the scope of discretionary leniency.
Taken together, these two outcomes clarify the DOJ’s post-pause FCPA posture. Declinations remain available where misconduct is promptly disclosed, contained, and remediated. Cases involving sustained corruption, compromised cooperation, or aggravating risk factors continue to result in criminal resolutions, even within a narrower and more targeted enforcement environment.
The DPA resolution in brief
Under the DPA, TIGO Guatemala agreed to pay a total of approximately $118 million, comprising a $60 million criminal penalty and $58.2 million in forfeiture. The DOJ charged the company with one count of conspiracy to violate the FCPA’s anti-bribery provisions. Prosecution is deferred for two years, subject to compliance with extensive cooperation, reporting, and remediation obligations.
The criminal penalty reflects a 50 percent reduction from the bottom of the applicable Sentencing Guidelines range. The DOJ attributed this reduction to significant cooperation and remediation efforts, even though the company did not qualify for a declination or a more lenient resolution under the Corporate Enforcement and Voluntary Self-Disclosure Policy due to continued misconduct during an earlier phase of the investigation.
Background to the misconduct
According to the Statement of Facts attached to the DPA, from approximately 2012 to 2018 TIGO Guatemala participated in a widespread and systematic bribery scheme in Guatemala. The scheme was orchestrated by the company’s then-local shareholder and involved senior company personnel. It included regular cash payments to Guatemalan members of Congress or their security teams in exchange for legislative support that benefited the company’s business operations.
The DOJ alleges that some of the funds used to make these bribe payments were derived from narcotrafficking proceeds. While the DOJ did not allege that company employees knew the ultimate source of those funds, their use materially aggravated the seriousness of the conduct and shaped the DOJ’s enforcement response.
Investigation history and charging decisions
Millicom first voluntarily disclosed misconduct related to TIGO Guatemala in 2015. At that time, Millicom held a majority ownership stake, though it lacked operational control. The local shareholder used that control to restrict access to information and to block cooperation with the DOJ’s investigation. As a result, the DOJ closed its initial investigation in 2018 without resolution.
In 2020, the DOJ developed new evidence from sources outside the company and reopened the investigation. This second phase revealed that misconduct had continued during and after the initial investigation and that the bribery scheme involved laundering narcotrafficking proceeds. These factors disqualified the company from a declination or a non-prosecution agreement, notwithstanding the earlier voluntary disclosure.
Cooperation and remediation
The DOJ nevertheless credited TIGO Guatemala and Millicom for extensive cooperation during the reopened investigation. This included internal investigations across multiple jurisdictions, forensic data collection, facilitation of interviews with foreign-based employees in the United States, detailed factual presentations to prosecutors, and proactive disclosure of previously unknown evidence, including translated materials.
After Millicom acquired full ownership and control of TIGO Guatemala in 2021, the company undertook significant remediation. Measures described in the DPA include termination of culpable personnel, appointment of new management and compliance leadership, enhanced third-party onboarding and transaction monitoring, deployment of data analytics and continuous monitoring tools, and the introduction of policies governing ephemeral messaging with preservation and review of communications.
Millicom also significantly expanded its global compliance program over the past decade, increasing dedicated compliance headcount by approximately 800 percent and implementing continuous testing and monitoring. The DOJ concluded that these steps reduced the need for an independent compliance monitor and supported the two-year DPA term.
Ongoing obligations under the DPA
During the DPA term, TIGO Guatemala and Millicom must continue to cooperate fully with the DOJ and other domestic or foreign authorities. They are required to report annually on the implementation and effectiveness of their compliance program and to promptly disclose any evidence of potential FCPA or Foreign Extortion Prevention Act violations discovered during the term.
At the conclusion of the agreement, senior executives must certify that the company has met its compliance and disclosure obligations. Failure to comply with the DPA, including the commission of new violations or the provision of misleading information, may result in prosecution and the use of admissions made under the agreement.
Why this case matters for compliance professionals
This resolution provides an early indication of how the DOJ is approaching FCPA enforcement following the 2025 pause. The case demonstrates renewed enforcement activity, a clear emphasis on matters touching US national interests such as narcotrafficking, and continued reliance on cooperation and remediation as key factors in penalty mitigation.
It also highlights persistent risks around joint ventures and minority or majority ownership structures where operational control is limited. Early voluntary disclosure did not prevent escalation once cooperation was impeded and misconduct continued. For compliance teams, the case reinforces the importance of effective third-party governance, source-of-funds scrutiny, and the ability to maintain meaningful oversight even in complex ownership arrangements.
Most importantly, the TIGO Guatemala resolution confirms that while cooperation and remediation can significantly reduce penalties, they do not erase liability where serious and prolonged misconduct has occurred. For organisations operating across borders, these cases underline the continued importance of practical, up-to-date FCPA training. VinciWorks provides targeted anti-bribery and corruption training designed to reflect current enforcement expectations, covering third-party risk, gifts and hospitality, facilitation payments, and high-risk jurisdictions. Our courses are regularly updated to track DOJ guidance and real enforcement outcomes, helping compliance teams translate regulatory signals into clear, defensible standards of conduct for staff at every level.