Other Countries Can Fill Void Left by U.S. FCPA Enforcement Pause According to New Paper

In a newly published working paper, Stephen M. Kohn, Adjunct Professor at Northeastern University School of Law and leading whistleblower attorney at Kohn, Kohn and Colapinto LLP, argues for a “Reverse Marshall Plan” in which liberal democracies take the lead in rolling out an effective international anti-corruption regime with the potential to fully respond to any reduction in the United States’ enforcement of the Foreign Corrupt Practices Act (FCPA).

Although President Donald Trump issued an Executive Order suspending U.S. FCPA prosecutions, Kohn argues that the international community is completely equipped to initiate FCPA prosecutions that could have a far greater impact than simply relying on the United States to take the lead. Kohn details that the international community has played an ever-increasing role in U.S. prosecutions which have taken on an increasingly transnational scope. He points to the successes of the OECD’s Anti-Bribery Convention and the growing international acceptance of highly effective detection and enforcement tactics used by U.S. prosecutors under the FCPA as the basis for an effective “Reverse Marshall Plan.”

“The OECD Anti-Bribery Convention, and the numerous FCPA laws already on the books, create a powerful foundation to amend and strengthen existing anti-corruption laws,” Kohn writes. “Modernized and enforced FCPAs can generate billions in income, while holding anyone who pays or receives a bribe accountable. European and other democracies can reverse any setback in anti-corruption enforcement, if they have the will to do so.”

During two upcoming events in Europe, Kohn will further discuss the need for other countries to fill the void left by a decrease in U.S. enforcement and the steps forward for doing so.

On March 19, Kohn will host a special presentation at the Hague Humanities Hub entitled “Responses to the Crisis in Anti-Corruption Enforcement: A View from the United States.” On March 25, Kohn will be a featured panelist at a side event of the OECD’s 2025 Global Anti-Corruption & Integrity Forum entitled “Whistleblower Protections Under Pressure: Addressing Barriers to Effectiveness.”

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