Over the past 40 years of trial and error, we now know precisely how to create a successful whistleblower and anti-corruption program. We know the specific procedures that nation-states must employ if they truly want to prosecute crimes such as foreign bribery, money laundering, tax evasion, and similar frauds. We know the role that Non-Governmental Organizations (NGOs), journalists, and human rights defenders must play in this process.

Most significantly, we also know the incredibly impactful results of creating, implementing, and enforcing modernized whistleblower and anti-corruption laws. We know that whistleblowers can win and the corrupt officials can be sanctioned, fined, and jailed.

Before we discuss the procedures needed to create a successful transnational anti-corruption program, it is important to look at the results obtained in the handful of existing programs that are the models for future legislation:

• The Foreign Corrupt Practices Act (FCPA) has been used to successfully prosecute hundreds of corporations and individuals for paying bribes in over 120² different countries. In many cases, the fines and penalties have been in the hundreds of millions of dollars (and a few topped over a billion dollars). For example, the top 10 FCPA cases alone resulted in fines of over $15 billion.³ Large sanctions were issued against numerous non-U.S. based multinational companies such as Alstom (French),⁴ Telia (Swedish)⁵ and Glencore (Swiss).⁶
• The anti-money laundering...

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