Preet Bharara, left, and Joe Zabel, right, of WilmerHale. Courtesy photos Bridging the Gap: Calibrating FARA Enforcement With Civil Penalties
The Foreign Agents Registration Act, a formerly obscure federal law designed to help the government monitor foreign influence in the United States, is obscure no longer. But even as criminal FARA enforcement has increased, there is little meaningful civil enforcement of the law. The absence of a real civil enforcement option when FARA violations are less severe unduly distorts decision-making in favor of criminal enforcement.
December 12, 2023 at 10:13 AM
10 minute read
Criminal Law
The Foreign Agents Registration Act (FARA)—a formerly obscure federal law designed to help the government monitor foreign influence in the United States—is obscure no longer. In 2023, cases abound: a charge lodged against a sitting U.S. senator for conspiring to help Egypt maintain its halal food export monopoly; increased scrutiny regarding foreign contributions to non-profit and cultural institutions; and a Grammy award-winning musician who lobbied on behalf of the Chinese government.
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