US lawmakers plan bill allowing 10 years to bring bribery cases

US lawmakers plan bill allowing 10 years to bring bribery cases

NEW YORK, March 9 (Reuters) - Leading Democratic U.S. senators on Monday will introduce a bill to extend the amount of time prosecutors have to file ‌foreign bribery charges to 10 years, a warning to companies that they may ‌still be held accountable for potential wrongdoing despite a Trump administration enforcement pullback.

Reuters

The planned FCPA Reinforcement Act, co-sponsored ​by Elizabeth Warren, Dick Durbin, and 12 other senators, is a response to the Justice Department's decision to pare down enforcement of the decades-old Foreign Corrupt Practices Act, a 1977 law that outlaws companies operating in the U.S. from bribing foreign officials.

It would extend the statute of ‌limitations for anti-bribery violations from ⁠five years to 10 years, the lawmakers said. The change would last for eight years.

FCPA enforcement had become a cornerstone of U.S. and global ⁠anti-corruption efforts. But critics, including President Donald Trump, have said it creates an uneven playing field and hurts U.S. interests.

"Our bill sends a clear message: despite President Trump's disregard for countering a ​range ​of financial crimes and his disdain for the ​Foreign Corrupt Practices Act, effective enforcement ‌of that landmark law - a shield for U.S. companies that compete the right way - is here to stay," Warren said in a statement shared with Reuters, which was first to report the effort.

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It is unlikely that the planned bill will gain traction unless Democrats win more seats in November's midterm elections. Still, it signals to companies that a future ‌Democratic administration will likely seek ways to enforce historic ​FCPA violations.

The DOJ last year paused FCPA enforcement ​for review and later said it would ​narrow its enforcement of the law to certain alleged misconduct, such ‌as activity that harms U.S. firms' ability ​to compete with foreign ​rivals or is tied to operations of transnational criminal organizations.

Criminal defense lawyers said companies should still maintain anti-bribery programs, but the change in tone from the U.S. ​has raised concerns that ‌some may reduce spending on compliance or cease reporting violations.

Sheldon Whitehouse, Jeanne Shaheen ​and Andy Kim are among the other senators sponsoring the bill.

(Reporting by Chris Prentice; ​Editing by Michelle Price and Andrea Ricci)

 

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