Oh The Hypocrisy
In this recent opinion column, John Podesta (the chair of Hillary Clinton’s 2016 presidential campaign) calls SEC Chair Jay Clayton “a public critic of the FCPA.”
However, just because one voices some concerns as to how the FCPA is enforced (as a committee that Clayton chaired did in a 2011 report titled “The FCPA and its Impact on International Business Transactions – Should Anything Be Done to Minimize the Consequences of the U.S.’s Unique Position on Combating Offshore Corruption?”) does not make one a “public critic of the FCPA” (the law itself).
In recent years there was a high-profile and vocal critic of not only how the FCPA was enforced, but the FCPA itself. And that person was Andrew Weissmann, who in January 2015 joined the Obama Department of Justice to become Chief of the DOJ’s Fraud Section.