March 29, 2022
Global anti-corruption agencies are increasingly teaming up and pooling together tools to investigate and enforce against corruption around the world, exemplified by the June 2021 U.S. memorandum establishing the fight against corruption as a core national security interest. Kobre & Kim’s Daniel Lee, who focuses on responding to multijurisdictional government enforcement actions from the U.S. and Asia, surveyed the new enforcement landscape in a lecture for the International Anti-Corruption Academy (IACA) on March 22.
More worldwide jurisdictions have enacted or strengthened their anti-corruption statutes, and the global impact of fines is growing. The U.S. is one of the main global enforcers, and it has deployed multiple enforcement mechanisms in concert. These include the Foreign Corrupt Practices Act (FCPA), the recent Anti-Money Laundering (AML) Act, and antitrust enforcement via the Sherman Act.
Mr. Lee also examined the hallmarks of a good anti-corruption investigation; looked at the specific tools available to governments, including asset forfeiture, undercover operations and extradition; and gave an overview of common red flags that may indicate corrupt behavior, such as excessive commissions, vague consulting agreements and ties to a government.