Lawyers Worry FCPA Allegations Becoming a Political Tool: Kate Hamann Quoted in Global Investigations Review

Recently, three US senators wrote an open letter to the attorney general calling for an investigation into the Trump Organization, citing a New Yorker article questioning whether the Trump Organization may have violated the Foreign Corrupt Practices Act in the construction of a “Trump-linked” hotel project in Azerbaijan. While not directly accusing the Trump Organization, the article says “bribery and corruption occurred on the construction of the project,” a violation of the FCPA.

Some have accused the three senators of attempting to “politicize” the FCPA, which they say should be “above the fray of politics.” Kathleen Hamann, a Pierce Atwood litigation partner and a former DOJ international policy counsel on anti-corruption, believes, however, that the charge that the FCPA is being politicized is a “red herring.” She added, “Allegations that the FCPA is being politicized happen constantly. When you’re talking about corruption, whether foreign or domestic, there’s always an element of politics.”

In discussing the public allegations, Kate does agree that they “can make it harder to do your job, because of the background noise.” Having worked in the DOJ and Department of State for nearly 20 years, Kate noted that her experience was that “the DOJ chain of command was very supportive in keeping pressure off investigators trying to do their jobs. The hope is that someone above you is dealing with the pressure so that the team can focus on their investigation.”

The complete article appears in the April 6, 2017 issue of Global Investigations Review.