The Foreign Corrupt Practices Act (FCPA) has been a key law in preventing U.S. companies from bribing government officials in other countries since its enactment in 1977. In 2012, then-businessman Donald Trump criticized the law as a disadvantage to American companies, but under his presidency, FCPA enforcement was actually strengthened. The first Trump administration saw an increase in resources dedicated to anti-corruption efforts, such as doubling the number of prosecutors in the Department of Justice’s anti-corruption unit.
However, concerns have been raised about the potential impact on corruption prosecutions in a second Trump administration. There are fears that the FCPA could be “weaponized” for political purposes, especially against adversaries like Russia or China. Additionally, there are worries that Trump may use executive discretion to protect certain individuals from sanctions, potentially undermining the effectiveness of anti-corruption laws like the Global Magnitsky Act.
Despite these concerns, there is also optimism that the FCPA could be used strategically to address corruption on the global stage, particularly against adversarial nations with significant corruption issues. The selection of key leadership roles in the Trump administration, such as Secretary of State Marco Rubio and Attorney General Matt Gaetz, will likely play a crucial role in determining the future direction of corruption prosecutions. Ultimately, the approach to enforcing anti-corruption laws under a second Trump administration remains uncertain, with questions about which crimes will be prioritized and how corruption cases will be handled moving forward.
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