We’re living in a time when corporate and white-collar misconduct doesn’t just damage reputations—it undermines national interests, hurts regular Americans, and threatens the foundations of trust in the economy.
That’s why, under this new administration, the Department of Justice’s Criminal Division is making big moves to clean house.
Speaking at a recent conference hosted by the American Conference Institute, a top DOJ official laid out the renewed strategy with a simple but forceful message: cooperate, disclose, and remediate—or face the consequences.
Refocusing the Fight: A Sharp Lens on FCPA Enforcement
Let’s begin with the Foreign Corrupt Practices Act (FCPA).
The Deputy Attorney General recently issued a memo that redefines how the DOJ will handle these cases moving forward.
These new FCPA Enforcement Guidelines lay out clear, tangible factors prosecutors will weigh when deciding whether to pursue a case.
But here’s the critical point: this isn’t about where a company is based or the nationality of individuals involved.
It’s about impact—on U.S. businesses, infrastructure, and national interests.
If your actions genuinely affect the American people, you’re on the radar.
If not, DOJ may defer to international partners, while still offering support to ensure justice is done elsewhere.
The guidelines also emphasize focusing on individual misconduct over collective assumptions—marking a shift toward accountability with precision.
Not Just Talk: DOJ Is Already Applying the New Standards
These aren’t just theoretical changes. Cases have already been reviewed under the new criteria. Some have been closed; others have been advanced.
The message is clear: if the conduct undercuts U.S. interests, the DOJ will take firm but fair action.
And while protecting American companies from unnecessary burdens is a goal, shielding wrongdoing is not.
The balance being struck is tough enforcement, smart prioritization, and consistent fairness.
Beyond FCPA: The Broader White-Collar Crime Strategy
Now, let’s talk about the bigger picture—because FCPA enforcement is just one piece of the puzzle.
Four weeks ago, the DOJ unveiled a sweeping white-collar crime enforcement plan.
If there was any confusion, it’s now been cleared up: this Division is not backing down from meaningful investigations or prosecutions.
In fact, they’re ramping up. Under this plan, DOJ is not just keeping investigations alive—they’re pushing them forward quickly and fairly.
Justice delayed is justice denied, after all.
Defense Lawyers: Be Advocates, But Be Honest
The DOJ also had a word of advice for the defense bar. Everyone expects attorneys to advocate hard for their clients.
That’s how the system works. But honesty matters. Misleading prosecutors or jumping the gun on appeals doesn’t help anyone—least of all the client.
Wise legal advice means knowing when to push and when to wait.
The DOJ has high standards for its own people and expects the same from those across the table.
Why White-Collar Crime Matters to Everyday Americans
The DOJ made this very personal. White-collar crime isn’t abstract. It’s money stolen from taxpayers.
It’s healthcare scams. It’s fraud that wipes out savings and rigs markets. These crimes hit close to home—and that’s why they’re a top priority.
Prosecutors are zeroing in on everything from procurement and sanctions evasion to healthcare and money laundering.
And they’re making it clear: companies that step up early, report wrongdoing, and help fix it will be treated differently than those who stay silent.
Self-Reporting Isn’t Just Smart—It Comes with Serious Perks
Let’s get specific about the benefits. DOJ’s revised policies now guarantee something big: companies that voluntarily self-report, cooperate, and remediate can expect a declination—not just a maybe. That means no charges.
Sure, there’s still room for discretion in extreme cases, but the bar for denying a declination is now much higher.
Transparency is the goal. The DOJ is standing behind this new direction and reviewing every case closely.
Rethinking Monitorships: Compliance over Checklists
Another big change: how DOJ uses corporate monitors.
In many cases, they’re finding that companies can meet compliance goals without them.
That’s thanks to stronger self-reporting processes and clearer expectations from the start.
Monitorships will still be used when necessary, but they’re not automatic anymore. The goal is lasting reform—not box-checking.
Speeding Things Up: Fast, Fair, and Focused
Here’s another message: enforcement doesn’t have to take forever.
Yes, these are complicated cases. But prosecutors are being told to work faster.
Delays don’t help anyone—not victims, not investigators, and not companies waiting in limbo.
That said, cooperating companies have a role to play in keeping things efficient.
Fast document production, quick witness access, and narrowing issues early can make a world of difference.
If delays come from a company under investigation, complaints about efficiency won’t hold water.
Early Results Show the Policies Are Working
It’s only been a few weeks, but the DOJ is already seeing signs of progress.
Voluntary disclosures are up—including around FCPA violations.
Whistleblower tips are rolling in fast, covering everything from healthcare fraud to procurement scams.
And as always, when one company comes forward, it often uncovers broader problems in the industry.
The DOJ wants you to be the first in the door, not the last.
Final Takeaway: Come In Early, or Brace for Action
So what’s the bottom line? If you’re advising companies or working in compliance, now is the time to act.
The new policies are clear. They reward early action, honest reporting, and meaningful remediation.
But those who choose silence over disclosure should expect a strong, swift response.
The DOJ is ready to bring cases, push for real accountability, and protect the public.
For those willing to partner in that effort, the door is open.
For those who aren’t—the consequences will be significant.
Thank you.