In addition to cooperation, Peikin asked Clayton for his views on the Foreign Corrupt Practices Act, which spurred colorful criticism by Clayton.
Clayton said he “hate[s]” how the powerful statute has been used by U.S. prosecutors.
We “never really go after individuals, just hold up companies for money based on stuff we wouldn’t prosecute at home, and by doing that, we’ve ceded many hot spots to more corrupt groups,” Clayton said. “Because the application of the FCPA—the way we do it—I think corruption in many places around the world has increased.”
Clayton further stated that the FCPA was intended to crack down on powerful companies “essentially buying foreign governments, not buying the guy on the dock with facilitation payments.”
“That’s hard. That’s actual crime,” Clayton said, referring to the crime of buying a foreign government. “It messes with foreign relations, it does all sorts of terrible things and that we should pursue that to our heart’s content. But, you know, the low-level stuff? Who are we to go do that?”
Source: SDNY Chief Promises ‘Big Carrot’ for Businesses That Cooperate With Criminal Probes | Law.com