NYU Law Forum—The Legalization of Corruption in the United States

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Following Watergate, the US led the charge against corruption in adopting the Foreign Corrupt Practices Act (FCPA), which imposed criminal penalties for corruption of foreign public officials. The US also advocated for and signed the OECD Convention Against Bribery, while Congress passed legislation targeting domestic corruption. Today, the US still leads the way in criminal enforcement actions for bribery of foreign public officials. But in recent years, the Supreme Court has issued several opinions that dramatically curtail the reach of US laws governing domestic corruption. Today, many practices that violate the FCPA do not violate US law’s prohibiting domestic bribery—including influence peddling (selling the ability to use one’s public position to influence others in government). Beyond this, the Supreme Court also has legalized other corrupt exercises of public power for purely private aims. At this Forum, experts with a range of perspectives—a prosecutor, a defense lawyer, and NYU Law faculty members—will discuss these developments and consider whether they can be justified or instead reveal that reforms are needed.

This program is co-hosted by the Program on Corporate Compliance and Enforcement

Panelists

Kevin Davis, Beller Family Professor of Business Law, NYU School of Law

Lawrence Gerschwer, Partner, Barnes & Thornburg; former Assistant United States Attorney and member of the Public Corruption Unit, United States Attorney’s Office for the Southern District of New York

M. Kristin Mace, Chief, Criminal Division, United States Attorney’s Office for the Eastern District of New York

Moderator

Jennifer Arlen ’86, Norma Z. Paige Professor of Law and Director, Program on Corporate Compliance and Enforcement, NYU School of Law