Category: DOJ Updates
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 […]
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” […]
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 […]
Whistleblower Essentials for US Companies
Companies now face an increasingly complicated and evolving landscape of programs announced by prosecutors and regulators that give individuals a financial incentive to report corporate misconduct. In the last year, the US Department of Justice (DOJ) has established several such programs, which complement existing initiatives from the US Securities and […]
Federal Law Enforcement Recommends Encrypted and Ephemeral Messaging
In light of recent reports of cyberattacks on telecommunications companies, the FBI and the Cybersecurity and Infrastructure Security Agency (CISA) issued a series of reports and statements recommending secure communications, including using end-to-end encryption. At the same time, US regulators – including the Department of Justice (DOJ) and the Securities […]
DOJ Focuses on AI, Emerging Tech in Newly Issued Guidance Updates for Evaluating Corporate Compliance Programs
On September 23, 2024, the Criminal Division of the US Department of Justice (DOJ) issued an updated Evaluation of Corporate Compliance Programs (ECCP). The updated ECCP emphasizes that companies should address risks associated with new technologies, such as artificial intelligence (AI). The updated ECCP also highlights the importance of incentivizing […]
EDNY Launches New Whistleblower Non-Prosecution Pilot Program
On September 17, 2024, the US Attorney’s Office for the Eastern District of New York (EDNY) announced a new pilot program that offers non-prosecution agreements (typically referred to as NPAs) to individuals who voluntarily disclose information about certain corporate crimes to EDNY. Officials explained that the program, which took immediate […]
DOJ Launches New Incentive Program for Corporate Whistleblowers
The US Department of Justice has officially launched its whistleblower rewards pilot program, which offers financial incentives to individuals who report corporate misconduct to the DOJ and meet certain criteria. Deputy Assistant Attorney General Nicole Argentieri has made clear that the DOJ is attempting to break down barriers between whistleblowers […]