On February 10, President Donald Trump Trump issued an Executive Order halting enforcement of the Foreign Corrupt Practices Act (FCPA). In light of this shift in U.S. anti-corruption policy, leading whistleblower attorney Stephen M. Kohn is calling for a “Reverse Marshall Plan” in which Western democracies take the lead in rolling out an effective international anti-corruption regime with the potential to fully respond to any reduction in U.S. FCPA enforcement.
In a new paper, “A Reverse Marshall Plan for Anti-Corruption: Western Democracies Can Fill the Void Left by The Changes in U.S. Policies,” Kohn details how FCPA cases are already completely transnational in scope, with whistleblowers from over 135 countries being the key informants, and over 47 non-U.S. law enforcement agencies working hand-in-hand on the U.S. cases.
He argues that the OECD’s Anti-Bribery Convention and the growing international acceptance of highly effective detection and enforcement tactics used by U.S. prosecutors under the FCPA (including whistleblower awards) provide a powerful foundation for Western democracies (and other nations committed to anti-corruption) to pick-up where the is U.S. leaving off.
“The OECD Anti-Bribery Convention, and the numerous FCPA laws already on the books, create a powerful foundation to amend and strengthen existing anti-corruption laws,” Kohn writes. “Modernized and enforced FCPAs can generate billions in income, while holding anyone who pays or receives a bribe...
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