Had a great time speaking last night at Columbia on efforts to counter foreign bribery, the Foreign Extortion Prevention Act, and Dmitro Firtash—a couple highlights from the discussion: 
—There does remain a gaping hole in U.S. anti-bribery efforts. Where the FCPA criminalizes bribe-supplying, and remains the gold standard for international anti-bribery efforts, foreign officials remain free to demand bribes of Americans with little concern of U.S. indictment.
—Not that there aren't mechanisms to combating those demanding bribes of Americans! Sanctions and money laundering-related charges remain foremost. But the actual *act* of demanding the bribe remains, in U.S. legal eyes, unfortunately permissible.
—In steps the FEPA bill, a bipartisan effort introduced last August, to criminalize the acts of those non-Americans demanding bribes of Americans: thinkprogress.org/new-legislatio… The bill would catch the U.S. up to anti-bribery best practices, following the U.K., France, etc.
—And there are other FEPA benefits: even if the indicted foreign official never sees the inside of a U.S. courtroom, the reputational damage is already done. Plus, indictment could serve as a playbook for sanctions. And FEPA will hang over all officials, regardless of country.
—But risks remain. What about retributive actions from other foreign governments, specifically aimed at targeting U.S. officials? What if FEPA convinces governments currently working with the U.S. to just up and walk away from cooperation? ("Who made the U.S. the world's cop?")
—Or, more pertinently: What are the guardrails? What if a future (or current) U.S. administration simply politicizes the process completely? (What if someone like Trump threatens a FEPA indictment against, say, Zelenskyy if Kyiv doesn't open an investigation into Biden?)
—And how does something like FEPA interact with broader American foreign policy? What if the majority of indictments come against officials in Azerbaijan, or Kazakhstan? How does that tilt state-to-state relations?
—Most timely: the lack of clear jurisdiction on the FCPA is something that allows foreign interference efforts to flourish.
Firtash is the perfect case study. For years, U.S. courts have debated whether the FCPA is applicable to him. And in the interim, he's remained in Vienna.
Firtash is the perfect case study. For years, U.S. courts have debated whether the FCPA is applicable to him. And in the interim, he's remained in Vienna.
And he's now standing at the center of the Trump/Giuliani nexus laundering smears against Biden and other U.S. officials alike.
All to further the types of corrupt networks surrounding him, and surrounding Giuliani. All leading, now, to impeachment, and to foreign interference.
All to further the types of corrupt networks surrounding him, and surrounding Giuliani. All leading, now, to impeachment, and to foreign interference.
