Compliance lawyer Alexandra Wrage was invited to debate the anti-corruption argument with Donald Trump, who criticized the U.S. Foreign Corrupt Practices Act (FCPA) in 2012 before becoming president. The FCPA makes it illegal for U.S. companies to pay bribes to foreign government officials. Despite Trump’s initial disdain for the law, his administration ended up significantly increasing FCPA enforcement, contrary to expectations. However, concerns have been raised about the future of anti-corruption efforts under a potential second Trump administration, particularly in terms of potential politicization of prosecutions.
The passing of the Global Magnitsky Human Rights Accountability Act under the Obama administration allowed for sanctions against foreigners involved in human rights abuses, and Trump’s handling of this law was initially seen as positive. Concern has been expressed about the potential for selective application of anti-corruption measures, such as the Magnitsky Act, based on political considerations. Some believe that corruption charges could be used strategically against foreign adversaries like China, Russia, and Iran, who have significant corruption issues.
The incoming administration’s approach to corruption prosecutions will likely be influenced by key appointments, such as Marco Rubio as secretary of state and Matt Gaetz as attorney general. Rubio, a supporter of the Global Magnitsky Act, may prioritize fighting corruption internationally. Gaetz has been chosen to address corruption within the Department of Justice, but questions remain about the administration’s overall stance on combating corruption. The future of anti-corruption efforts in the U.S. may hinge on the individuals chosen to lead these initiatives.
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