What the Department of Justice’s New White-Collar Enforcement Policy Means for Your Business
On May 12, 2025, the U.S. Department of Justice unveiled a fundamental shift in how it prosecutes corporate crime. If your company operates across Massachusetts, New York, or Florida—or does business with federal agencies—you need to understand these changes now.
The Criminal Division's new enforcement memo, titled "Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime," represents the Trump administration's first comprehensive white-collar strategy. More importantly, it changes the calculus for every general counsel deciding whether to self-report misconduct, how much to invest in compliance, and which risks demand immediate attention.
Here's what executives and in-house teams need to know.
The DOJ's New Enforcement Priorities
The Criminal Division announced it will focus resources on five core areas:
Waste, fraud, and abuse. This includes healthcare fraud, federal procurement fraud, and misuse of government funds. If your company holds federal contracts, participates in Medicare or Medicaid, or received pandemic-relief funding, expect heightened scrutiny.
Crimes causing measurable investor harm. The DOJ is pivoting away from abstract securities violations toward cases where investors suffered actual financial losses. This means securities fraud prosecutions will likely target schemes with quantifiable damages rather than technical disclosure failures.
National security threats. Export control violations, sanctions evasion, and foreign corruption remain enforcement priorities, particularly for companies in defense, technology, and critical infrastructure sectors.
Transnational organized crime. Money laundering, human trafficking, and cross-border criminal enterprises continue to draw aggressive prosecution.
Cryptocurrency and digital asset fraud. Despite the administration's general shift toward crypto-friendly policies, the DOJ made clear that fraud in digital markets will face serious consequences.
What's notably absent? The prior administration's emphasis on prosecuting environmental, social, and governance (ESG) compliance failures and "victimless" regulatory violations. The new policy explicitly cautions prosecutors against overreach that "punishes risk-taking and hinders innovation."
Voluntary Self-Disclosure Just Got More Valuable
The most significant change for corporate clients is the expansion of voluntary self-disclosure (VSD) benefits.
Under the revised Corporate Enforcement Policy, companies that self-report misconduct, cooperate fully, and remediate effectively can now expect:
Presumption of declination. If your company meets all three criteria, prosecutors will presume they won't bring charges—a stronger protection than before.
Expanded eligible offenses. The list of crimes qualifying for VSD benefits has grown substantially, now covering most white-collar offenses including healthcare fraud, procurement fraud, and money laundering.
Concrete cooperation credit. The DOJ clarified what "cooperation" means: identifying culpable individuals, preserving evidence, making witnesses available, and avoiding privilege assertions that obstruct investigations.
Enhanced monitor selection input. If the DOJ imposes a compliance monitor, your company now has more say in who gets selected.
What this means: The DOJ is creating stronger incentives to come forward early. If your internal investigation uncovers potential criminal conduct, the decision to self-report is now tilted more heavily toward disclosure—especially for first-time offenders.
Practical Steps for MA, NY, and FL Companies
The policy changes create immediate action items:
Review Your Federal Exposure
If your company operates in healthcare, government contracting, or financial services, conduct a risk assessment focused on the DOJ's new priority areas. Massachusetts life sciences firms, New York financial institutions, and Florida healthcare providers are in the crosshairs.
Update Self-Disclosure Protocols
Your legal team should revise internal escalation procedures to account for the expanded VSD benefits. The window to self-report before someone else does—a whistleblower, a regulator, or law enforcement—is narrowing.
Strengthen Compliance Around Federal Dollars
Companies that received PPP loans, EIDL advances, or other pandemic-era funding should audit their use of those funds. The DOJ continues to investigate COVID-relief fraud years after disbursement.
Evaluate Crypto Exposure
If your business accepts cryptocurrency, operates in digital assets, or maintains any crypto-adjacent operations, ensure robust anti-fraud controls are in place. The DOJ's message is clear: innovation is welcome, but fraud is not.
Train Leadership on New Whistleblower Rules
The Criminal Division also updated its Whistleblower Awards Pilot Program in June 2025, expanding financial incentives for insiders to report corporate misconduct. Your executives and compliance officers need to understand that disgruntled employees now have a clearer path to DOJ payouts.
State-Level Considerations
While the DOJ policy is federal, it has ripple effects across state enforcement:
Massachusetts: State AGs often coordinate with DOJ on healthcare fraud and consumer protection cases. The DOJ's focus on measurable harm may influence how Massachusetts prosecutors prioritize white-collar cases.
New York: The Manhattan DA and NY Attorney General maintain aggressive white-collar dockets independent of DOJ policy shifts. However, companies may face pressure to self-report to the DOJ to secure federal cooperation credit before state authorities file charges.
Florida: With significant defense contractors, healthcare systems, and financial services firms, Florida companies are directly in the path of the DOJ's new priorities. State-level fraud prosecutions often follow federal patterns.
What Has Not Changed
Despite the policy shift, some fundamentals remain:
The DOJ will still pursue individual executives, not just corporate entities
Obstruction and false statements remain separate prosecutable offenses
Privilege waivers are still disfavored, but cooperation requires substantive information sharing
Companies that learn of misconduct and attempt to hide it face steeper penalties than those who never discovered the issue
Your Action Checklist
If you're responsible for legal risk or compliance, take these steps in the next 30 days:
Identify whether your company falls into any of the DOJ's five enforcement priorities
Review existing voluntary disclosure protocols and update them to reflect the new presumption of declination
Audit federal program participation, including pandemic-relief funding, for potential exposure
Brief your board and company executives on the new policy, particularly the enhanced VSD benefits
Assess whether any pending internal investigations should trigger self-disclosure discussions
Update compliance training to reflect the DOJ's focus on measurable harm and fraud, not technical violations
Consider whether your company's compliance investment is sufficient given the new monitor selection standards
The Bottom Line
The DOJ's May 2025 enforcement overhaul represents a philosophical shift: away from aggressive pursuit of technical violations and toward targeted prosecution of misconduct causing real harm. For well-counseled companies with robust compliance programs, this is good news.
But the policy also makes clear that corporations choosing to self-report and cooperate will receive meaningful benefits—while those who don't may face tougher consequences. The time to assess your risk profile and update your disclosure strategy is now, before an issue forces your hand.
If you're uncertain whether your company should self-report potential misconduct, or need help navigating the DOJ's new cooperation standards, consult experienced white-collar counsel familiar with these policy changes.
About the Author
Eric Rosen is a partner at Dynamis where he represents corporations and executives in white-collar investigations, complex civil litigation, and regulatory enforcement matters across Massachusetts, New York, and Florida.
This article is for informational purposes only and does not constitute legal advice. Consult qualified counsel for guidance specific to your situation.
