Bush's attorney general (not Gonzales, the much less incompetent but equally malevolent) Michael Mukasey has a new gig in which to ply his talents: making it easier for corporations to bribe foreign governments. The Foreign Corrupt Practices Act (FPCA) is intended to stop U.S.-based multinational corporations from bribing foreign governments. Unlike the previous administration's Department of Justice, under Mukasey, the Obama DOJ is
enforcing the law.
Under Obama, the department collected more than $1 billion in fines during fiscal year 2010, the most the government has collected in the law’s 38-year history, and more than ten times the $87 million collected in 2007 by the Bush Administration.
The U.S. Chamber can't have that, so of course, they've hired Mukasey to lobby Congress to amend the law.
Debevoise & Plimpton, where Mukasey is a partner, filed lobbying registration papers on his behalf this month, according to Senate records. The registration is for the Chamber’s Institute for Legal Reform and is effective back to March 3. It covers possible FCPA amendments and other issues “related to criminal law and policies affecting U.S. corporations.”
The Chamber has become increasingly critical of the FCPA in recent months. It argues that the law, which allows the U.S. government to seek charges against corporations and individuals for bribes paid to local officials in other countries, is not working well and could be making U.S. companies less competitive.
In October, the Chamber released a policy paper proposing several specific changes to the law. The ideas included adding a “compliance defense,” so that a company could not be held criminally liable when an employee circumvents reasonable internal procedures....
When the Chamber released its proposals, Mukasey attended its annual legal summit and moderated a panel discussion on the FCPA. He noted the sharp rise in the Justice Department’s enforcement of the law during the past decade. “The expansion in prosecutions and investigations of course has brought a great deal of anxiety to companies in the United States,” he said, according to video of the panel.
See, the law "is not working well" when it is actaully enforced, that's the message from Bush's attorney general. That's no great shock, given the Bush administration's attitude toward the rule of law, but still pretty ironic. From an actual rule of law standpoint, the law seems to be working pretty well as enfroced. But the U.S. Chamber, and Mukasey, certainly can't have that.
