Several prior posts (here, here, here) have discussed various aspects of the Foreign Extortion Prevention Act (FEPA) – a law enacted in 2023 to (perhaps) better capture the so-called “demand-side” of foreign bribery as the Foreign Corrupt Practices Act only captures the so-called “supply” side.
In this recent interview posted to YouTube, Patrick Stokes responds to many FEPA questions. Stokes (currently a partner at Gibson Dunn) previously served as the DOJ’s FCPA Unit Chief among other DOJ positions.
A common answer Stokes gave to many FEPA questions – and rightly so – was along the lines of “well, the DOJ has already prosecuted bribe receiving foreign officials under other laws – as well as the DOJ can already do these things.” (These are my summary quotes – not actual quotes from Stokes).
In short, it seems as if Stokes views FEPA – and rightly so – “as much to do about very little.” (Again, my summary quotes – not an actual quote from Stokes).
