On February 10, President Donald Trump Trump issued an Executive Order halting enforcement of the Foreign Corrupt Practices Act (FCPA). In light of this shift in U.S. anti-corruption policy, leading whistleblower attorney Stephen M. Kohn is calling 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 U.S. FCPA enforcement.
In a new paper, “A Reverse Marshall Plan for Anti-Corruption: Liberal Democracies Can Fill the Void Left by The Changes in U.S. Policies,” Kohn details how FCPA cases are already completely transnational in scope, with whistleblowers from over 135 countries being the key informants, and over 47 non-U.S. law enforcement agencies working hand-in-hand on the U.S. cases.
He argues that 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 (including whistleblower awards) provide a powerful foundation for liberal democracies (and other nations committed to anti-corruption) to pick-up where the is U.S. leaving off.
“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.”
