CFPB Announces Plan to Review Offenses Carrying Criminal Penalties
On June 27, the Consumer Financial Protection Bureau (CFPB) issued a policy statement, “Guidance on Referrals for Potential Criminal Enforcement,” which outlines its plan to address criminal regulatory offenses within its jurisdiction, as directed by President Donald Trump’s May 9, 2025, Executive Order (EO)14294, “Fighting Overcriminalization in Federal Regulations.” EO […]
First-Ever Sentencing of Corporate Executives for Failure to Report Under Consumer Product Safety Act
As we previously reported, in November 2023, two corporate executives were convicted of conspiracy and failure to report defective dehumidifiers in violation of the Consumer Product Safety Act (CPSA). This groundbreaking prosecution was the first-ever criminal conviction of corporate executives for failure to report under the CPSA. On June 16, […]
DOJ Resumes Foreign Bribery Investigations, Focusing on ‘Vindication of US Interests’
On June 9, 2025, the Department of Justice (DOJ) issued new guidelines for investigations and enforcement of the Foreign Corrupt Practices Act (FCPA), following a four-month pause of new FCPA investigations per President Donald Trump’s February 10 executive order. The new guidelines provide a nonexhaustive list of factors for prosecutors […]
DOJ Announces Priorities and Policy Updates – Including Tariff Compliance Enforcement, Expansion of Whistleblower Program
Over the last year, we have paid close attention to the increasingly complicated and evolving landscape companies are facing in light of changing government enforcement priorities, including the Department of Justice’s (DOJ’s) focus on tariff compliance and its pilot program to reward whistleblowers who report corporate wrongdoing to the government. […]
US Supreme Court Upholds Wire Fraud Convictions, Says Economic Loss Not Required
When an executive learns that she is being investigated for fraud, her first reaction often is: “But I didn’t intend for anyone to lose money!” This entirely understandable response may well be true (and lead the executive to feel that a prosecution is unwarranted), but the US Supreme Court recently […]
Compliance Implications for Healthcare Companies Post-First Circuit Decision
The US Court of Appeals for the First Circuit’s landmark decision in United States v. Regeneron Pharmaceuticals will have some implications for healthcare compliance and defense strategies. In the case, the First Circuit adopted the more stringent “but-for” causation standard for claims under the False Claims Act (FCA) predicated on violations of […]
Complaint Against Uniform Company for Customs Duties Underpayment Highlights False Claims Act Risks for Tariff Compliance
As we discussed in this April 7 blog post, the US Department of Justice (DOJ) can pursue civil penalties for tariff evasion under the False Claims Act (FCA), including against companies that are aware of tariff evasion by their supply chain partners. The FCA risks are significant not only due […]
Tariffs Are Here – Be Aware of Criminal and Civil Enforcement Risks
On April 2, 2025, President Donald Trump, citing national security concerns, used authority granted under the International Emergency Economic Powers Act of 1977 to announce a sweeping new tariff regime, with a 10% baseline tariff for all countries, plus higher “reciprocal tariffs” for approximately 90 countries. These tariffs are “stackable” […]
SEC Now Requires Commission Approval for Subpoenas, but Says It Is Not ‘Walking Away’ From Enforcement
On March 10, 2025, the US Securities and Exchange Commission (SEC) adopted a final rule that will require a majority of the Commissioners to agree before the SEC formally opens an investigation. For the past 15 years, that power had been delegated to the SEC’s director of the Division of […]
Attorney General Issues Memorandum on Ending ‘Illegal’ DEI and DEIA Policies – Now What?
On February 5, 2025, US Attorney General Pam Bondi issued a memorandum titled Ending Illegal DEI and DEIA Discrimination and Preferences (memo or directive). The memo came down as part of Bondi’s[KZ1] 14 “first-day” directives – one of two directives that expressly address diversity, equity, inclusion and accessibility (DEI or […]