Anti-Corruption Alliance Between UK, France and Switzerland is Historic Breakthrough

Today, the UK’s Serious Fraud Office, France’s Parquet National Financier (PNF) and the Office of the Attorney General of Switzerland (OAG) announced a new International Anti-Corruption Prosecutorial Taskforce to collaborate on the enforcement of the countries’ wide-reaching anti-bribery laws. The announcement comes after the Trump administration’s February 10 Executive Order suspending enforcement of the Foreign Corrupt Practices Act (FCPA).

“This is a historic breakthrough which shows that the global fight against bribery and corruption will not be stopped and paves the way for enforcement efforts to radically expand in the years ahead,” says whistleblower attorney Stephen M. Kohn, a leading expert in transnational anti-corruption cases. “The UK, France and Switzerland have demonstrated immense leadership in wake of the United States’ apparent retreat on this issue. Other countries must join in on similar alliances.”

Kohn, a founding partner of the Washington D.C.-based whistleblower firm Kohn, Kohn & Colapinto and Chairman of the Board of the National Whistleblower Center, recently published a paper in SSRN arguing for a “Reverse Marshall Plan” in which liberal democracies, such as the UK, France, and Switzerland, would take the lead in rolling out an effective international anti-corruption regime with the potential to fully respond to any reduction in United States’ enforcement efforts.

“While the U.S. has historically taken the lead in FCPA enforcement, anti-corruption cases have become increasingly transnational in nature,” Kohn explains. “In the past decade, the United States has collected over $21 billion in sanctions (71% of total sanctions in that span) from companies headquartered outside the U.S. Moreover, foreign law enforcement, including the SFO, PNF and OAG, have worked side-by-side with the United States on scores of successful prosecutions.”

“Given the transnational nature of anti-corruption enforcement, and the wide-reaching jurisdiction of the UK, France, and Switzerland, anti-bribery enforcement can not only be maintained, but it can even expand, despite the United States’ shifting policy,” Kohn states.

“The Trump administration’s pause on FCPA was shortsighted and based upon false premises,” Kohn continues. “American companies will not be shielded from prosecution by the U.S. ‘pause.’ Indeed, as countries like France, the UK, and Switzerland increase their prosecutions, U.S. companies will be at a greater risk of sanctions than under the current U.S.-dominated program. At the same time, the U.S. will lose out on billions of dollars in sanctions which they currently collect from their prior successful efforts,” Kohn said.

“The ‘pause’ in FCPA prosecutions is disastrous for both American taxpayers and businesses and should be immediately reversed,” he added.

Next week, Kohn and other anti-corruption experts will discuss the path forward for global anti-corruption efforts at the Organization for Economic Cooperation and Development (OECD)’s 2025 Global Anti-Corruption & Integrity Forum. On March 25, Kohn will be a featured panelist on a panel entitled “Whistleblower Protections Under Pressure: Addressing Barriers to Effectiveness.”

Read the International Anti-Corruption Prosecutorial Taskforce Founding Statement

Read Kohn’s Full Paper: “A Reverse Marshall Plan for Anti-Corruption: Liberal Democracies Can Fill the Void Left by The Changes in U.S. Policies.”

More information on the OECD panel: “Whistleblower Protections Under Pressure: Addressing Barriers to Effectiveness.”