The Long and Brawny Arm of the Foreign Corrupt Practices Act with Mark Bini and Tom Suddath

Concepts: Corruption, FCPA, Corporate Crime, International Business, FEPA, Regulatory Enforcement

The United Nations and World Economic Forum calculate that the cost of corporate corruption globally is $5 trillion a year, or 5% of the world’s 2022 GDP.

Corruption can hamper economic growth by discouraging investment, increasing transaction costs, and distorting market competition. It can perpetuate poverty by diverting resources away from essential services and benefiting the wealthy and powerful. It can undermine democratic institutions and erode public trust in governments. It can hinder sustainable development by diverting resources away from essential infrastructure and social services.

The Foreign Corrupt Practices Act, or the FCPA – the government’s leading weapon in this global war on corporate crime – has far-reaching implications for companies engaged in international business. For those who violate it the consequences can be severe. And with the recent addition of the Foreign Extortion Prevention Act (FEPA), the federal government has even more to work with.

I had the pleasure of learning more about this fascinating and complex area of the law by speaking with two attorneys with Reed Smith who practice in the firm’s Global Regulatory Enforcement Group.

Mark E. Bini is a former federal and state prosecutor in New York. He has led multiple multi-year cross-border investigations of corporations and individuals and has particular experience in investigations involving potential Foreign Corrupt Practices Act (FCPA) violations. As a prosecutor, he worked closely and in parallel with many domestic and foreign law enforcement agencies and regulators, including the United Kingdom’s Financial Conduct Authority and Brazil’s Ministerio Publico Federal.

Thomas H. Suddath, Jr., a former Assistant U.S. Attorney in the Criminal Division of the U.S. Attorney’s Office in Philadelphia, has extensive experience conducting international and domestic internal investigations and frequently counsels companies on compliance and voluntary disclosure issues related to the FCPA. He has handled FCPA and other internal investigations in many countries including Russia, Poland, Turkey, Greece, Hungary, Czech Republic, Mexico and Colombia.

Thanks to Mark and Tom for sharing their insights based on decades of experience.

I hope you enjoy the conversation! If so, give us a rating!

This podcast is the audio companion to the Journal on Emerging Issues in Litigation. The Journal is a collaborative project between HB Litigation Conferences and the vLex Fastcase legal research family, which includes Full Court Press, Law Street Media, and Docket Alarm.

If you have comments, ideas, or wish to participate, please drop me a note at Editor@LitigationConferences.com.

Tom Hagy
Litigation Enthusiast and
Host of the Emerging Litigation Podcast
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It's possible it could make this man smile. But let's not get ahead of ourselves.


Mark E. Bini
Mark E. BiniReed Smith LLP
Mark is a former federal and state prosecutor who represents corporations and individuals in connection with government investigations, internal investigations, criminal and regulatory proceedings and related civil litigation. Mark has tried 25 cases, including some of the Department of Justice’s most complex financial fraud trials in recent years, and led multiple multi-year cross-border investigations of corporations and individuals. Mark has particular experience in investigations involving securities fraud, Foreign Corrupt Practices Act (FCPA) violations, crypto fraud, health care fraud, cyber-crime, bank fraud, money laundering and Bank Secrecy Act (BSA) violations.


Prior to joining the firm, Mark served in the Department of Justice for nearly 10 years as an Assistant U.S. Attorney in the Eastern District of New York (EDNY) and the Middle District of Florida, where he specialized in investigating and prosecuting financial and corporate crime. Before that, Mark served as an Assistant District Attorney in the Manhattan District Attorney’s Office for five years. Prior to becoming a prosecutor, Mark clerked for a judge in the Southern District of New York, and worked at a major international law firm in New York, handling complex civil litigation and white collar matters.
Thomas H. Suddath, Jr.
Thomas H. Suddath, Jr.Reed Smith LLP
Tom represents companies and individuals, particularly within the healthcare sector, involved in criminal and other government investigations and related civil litigation, including matters under the Foreign Corrupt Practices Act (FCPA), the False Claims Act (FCA), the Sherman Act, the federal Food Drug and Cosmetic Act and the Anti-Kickback statute.


Beyond the healthcare industry, he represents companies and individuals in domestic and international government investigations involving antitrust, securities fraud, political corruption, tax fraud, environmental violations and economic espionage. He has extensive experience conducting international and domestic internal investigations and frequently counsels companies on compliance and voluntary disclosure issues related to the FCPA and health care compliance. He has handled FCPA and other internal investigations in numerous countries including Russia, Poland, Turkey, Greece, Hungary, Czech Republic, Mexico and Colombia.