Many Europeans wonder why the U.S. Justice Department does not prosecute foreign officials who receive bribes in violation of the FCPA. The reason is that the FCPA is a supply-side law, which (unlike the U.K. Bribery Act), does not criminalize the receipt of bribes; only the payment of them. Some commentators claim this opens a gap in U.S. enforcement efforts towards the international fight against bribery and corruption.

The Justice Department, however, does have other law enforcement tools available.

Thomas Fox has practiced law for over 40 years. Tom writes the daily award-winning blog, the FCPA Compliance and Ethics blog and founded the Compliance Podcast Network. Tom leads the discussion on AI in...