When the US passed the Foreign Corrupt Practices Act in 1977, it was a world leader in setting up legal mechanisms to battle bribery and corruption. The FCPA made it illegal for US companies and their officers to influence foreign officials with anything of value.
Now questions are being raised about our interest in enforcing the law. US Attorney General Jeff Sessions said his department is committed to enforcing the FCPA, but echoed the objections of President Trump and other critics who say companies can’t compete when barred from paying bribes in locales where it is routine to do so.
Since Trump took office, there has been a dramatic drop-off in FCPA enforcement proceedings. Those numbers may be an administrative anomaly but bear watching because a continued decline in enforcement numbers may undermine US credibility in combatting international corruption.
In this podcast, RANE founder David Lawrence sits down with Joel M. Cohen, Co-Chair of Gibson Dunn's White Collar Defense and Investigations Group and a member of its Securities Litigation, Class Actions and Antitrust Practice Groups. A trial lawyer and former federal prosecutor, his experience includes all aspects of FCPA and anti-corruption issues, insider trading, securities and financial institution litigation, class actions, sanctions, money laundering, and asset recovery, with a particular focus on international disputes and discovery.
Notably, Mr. Cohen was the prosecutor of Jordan Belfort and Stratton Oakmont, the focus of the film "The Wolf of Wall Street."