The U.S. Justice Department has appointed David Last as head of the Foreign Corrupt Practices Act unit, a high-profile division that investigates and prosecutes bribery cases. Last had served as acting chief of the FCPA unit since April 2020 and will now hold the position on a permanent basis.
The FCPA unit investigates and prosecutes companies and individuals for paying bribes to foreign public officials, under the Act of the same name passed in 1977.
At a virtual conference in March, Last said he is looking forward to “getting under the hood” of compliance programs across the country and ensuring that programs are “well-designed, adequately resourced, empowered to function effectively, able to sufficiently address risks, and responsive to risks when they arise.”
Violations of the FCPA are usually enforced through settlements with offending companies and individuals, while sometimes enforcement comes in the form of criminal charges against those who pay or receive bribes. While the Securities and Exchange Commission can also enforce the law by bringing civil claims related to the FCPA’s provisions, the DoJ holds the ability to bring criminal charges offenders.
Last has an established career fighting bribery and corruption. Before his appointment to acting head of the unit, Last had served the FPCA unit since April 2016 as a trial attorney, assistant chief, and principal assistant chief. He also worked as an assistant prosecutor in the U.S. Attorney’s office for ten years in the fraud and public corruption section.
The previous FCPA unit chief, Chris Cestaro, left the DoJ to join law firm WilmerHale in April of this year. 