In running searches for FCPA content every day, I sometimes come across interesting content – including some old content for some reason.
Recently, this October 2010 roundtable sponsored by the U.S. Chamber of Commerce about the FCPA showed up in my search. The roundtable featured former Attorney General Michael Mukasey, SEC FCPA Unit Chief Cheryl Scarboro, two former DOJ prosecutors then in private practice, and on behalf of the U.S. Chamber of Commerce Andrew Weissmann.
At the time in 2010, FCPA reform and out-of-bounds FCPA enforcement were hot topics.
Weissmann was heavily involved in this movement and was the lead author of “Restoring Balance: Proposed Amendments to the FCPA” written on behalf of the U.S. Chamber Institute for Legal Reform. At the Senate’s FCPA hearing in November 2010, Weissman also advocated for FCPA reform and was critical of various aspects of FCPA enforcement.
That was then.
In more recent times, in February 2025, President Trump issued an Executive Order titled “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security.”
The EO began by noting that “to a steadily increasing degree” FCPA enforcement has been “stretched beyond proper bounds” and among other things the EO directed the DOJ “to restore proper bounds on FCPA enforcement.”
Many people seemingly had a come apart even though – as highlighted in this prior post published a day after the EO – several of the issues highlighted in the EO had been festering in the FCPA space for some time.
Among those critical of the EO was Andrew Weissmann – hardly a fan of President Trump.
It is rather entertaining to watch Weissmann’s 2025 comments about the EO (see here around the 5 minute mark) and then watch the 2010 roundtable – or perhaps vice versa if you choose.
