Sign in Subscribe
Fraud

DOJ Issues New Guidance on White-Collar Enforcement Priorities

Strategic Insights

— 2 min read

The US Department of Justice (DOJ) has released new guidance on white-collar enforcement priorities, outlining ten areas that will be prioritized in investigations and prosecutions. The guidance, titled "Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime," sets out the DOJ's priorities for combating white-collar crime, including fraud, bribery, and money laundering. The new guidance reflects the DOJ's renewed focus on targeting individuals and entities that implicate US national interests and prioritize the allocation of resources towards cases involving national security interests, terrorist organizations, and narcotics-trafficking organizations.

Key Takeaways:

  • The DOJ has identified ten high-impact areas that will be prioritized in investigations and prosecutions, including waste, fraud, and abuse, trade and customs fraud, and bribery.
  • The guidance emphasizes the importance of considering the collateral impact of corporate investigations on US business interests and allocating resources efficiently.
  • The DOJ has revised its policy on corporate voluntary self-disclosure (VSD), making declinations public and encouraging prosecutors to consider all forms of resolutions, including non-prosecution agreements and deferred prosecution agreements.
  • The guidance also announced revisions to the DOJ's monitor selection policy, prioritizing the selection of monitors that can be properly resourced and narrowly tailored.
  • The DOJ has revised its corporate whistleblower pilot program to add new subject areas, including procurement and federal program fraud, trade, tariff, and customs fraud, and violations involving corporate sanctions.
  • The guidance reflects the DOJ's renewed focus on considering alternatives to criminal corporate enforcement, including the use of civil and administrative remedies and DPAs and NPAs in lieu of corporate guilty pleas.
  • The DOJ has provided increased incentives for companies to voluntarily self-disclose and cooperate with the government, including the possibility of early termination of agreements and the imposition of terms that are appropriate and necessary in light of individual circumstances.

Statistics:

  • The guidance sets out ten "high-impact areas" that the DOJ will prioritize investigating and prosecuting.
  • The DOJ will consider the collateral impact of corporate investigations on US business interests and allocate resources efficiently.
  • The guidance encourages prosecutors to consider all forms of resolutions, including non-prosecution agreements and deferred prosecution agreements.
  • The DOJ will revise its policy on corporate voluntary self-disclosure (VSD), making declinations public and encouraging prosecutors to consider all forms of resolutions.
  • The guidance announced revisions to the DOJ's monitor selection policy, prioritizing the selection of monitors that can be properly resourced and narrowly tailored.
  • The DOJ has revised its corporate whistleblower pilot program to add new subject areas, including procurement and federal program fraud, trade, tariff, and customs fraud, and violations involving corporate sanctions.

Sources:

  • "Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime," US Department of Justice, May 12, 2025.
  • "Revised Corporate Enforcement and Voluntary Self-Disclosure Policy," US Department of Justice, May 12, 2025.
  • "Revised Corporate Monitor Policy," US Department of Justice, May 12, 2025.
  • "Revised Corporate Whistleblower Pilot Program," US Department of Justice, May 12, 2025.
  • "The Holding Foreign Companies Accountable Act," US Congress, 2020.
  • "The Controlled Substances Act," US Congress, 1970.
  • "The Federal Food, Drug, and Cosmetic Act," US Congress, 1938.

Read more