DOJ Announces New White-Collar Enforcement Priorities and Cooperation Incentives
On May 12, 2025, the U.S. Department of Justice’s Criminal Division released a significant memorandum, “Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime.” The memo outlines DOJ’s updated white-collar criminal enforcement priorities and reflects a continued push to incentivize proactive corporate compliance.
The announcement of the memo was accompanied by significant revisions to DOJ’s Corporate Enforcement and Voluntary Self-Disclosure Policy, and much-needed updates to the Corporate Whistleblower Awards Pilot Program announced during the previous administration (a program we previously criticized as destined to fail).
For businesses and individuals operating in high-risk sectors — including healthcare, crypto, government contracting, and financial services — the memo offers a roadmap for mitigating enforcement exposure through voluntary self-disclosure and cooperation.
DOJ White-Collar Enforcement Priorities: Ten High-Impact Areas
The DOJ memo identifies ten categories of white-collar crime where enforcement efforts will be concentrated going forward. These “high-impact” areas represent sectors where the Criminal Division believes targeted prosecution will yield the greatest benefit in deterring misconduct and protecting public resources:
Health Care Fraud – Including schemes targeting Medicare, Medicaid, TRICARE, and other government health care programs.
Procurement Fraud – Involving fraud in federal contracting, false claims, bid rigging, and collusive conduct.
Customs and Trade Fraud – Particularly evasion of tariffs, mislabeling of imported goods, and false statements in customs filings.
Securities and Commodities Fraud – Encompassing Ponzi schemes, insider trading, accounting fraud, and market manipulation.
Elder Fraud and Consumer Fraud – Protecting vulnerable populations from scams and deceptive financial practices.
Complex Money Laundering – Focusing on laundering through shell companies, cryptocurrency, and transnational structures.
Sanctions Evasion and Export Control Violations – Addressing willful violations of U.S. sanctions laws and export controls.
Terrorism Financing – Targeting the movement of funds to designated terrorist organizations and their affiliates.
Transnational Criminal Organizations (TCOs) – Disrupting the financial infrastructure of cartels and other global criminal networks.
Digital Asset Crimes – Investigating fraud and abuse involving crypto and crypto exchanges, DeFi platforms, and digital token offerings.
Key Policy Updates: Emphasis on Corporate Compliance and Self-Disclosure
The memo also introduces updates to several DOJ policies aimed at promoting transparency and aligning incentives for corporations to self-police:
1. Expansion of DOJ’s Corporate Enforcement and Voluntary Self-Disclosure Policy
DOJ reaffirmed its Corporate Enforcement and Voluntary Self-Disclosure Policy. Companies that voluntarily self-disclose misconduct, fully cooperate with DOJ investigations, and implement timely and appropriate remediation may be eligible for declinations—even where aggravating factors are present. This policy applies across Criminal Division components and is now explicitly extended to areas such as trade fraud and sanctions evasion. This reflects an ongoing trend by DOJ to encourage early disclosure and cooperation as a pathway to leniency.
2. Targeted Use of Compliance Monitors
In line with prior DOJ guidance, the memo clarifies that corporate monitorships will be imposed only when warranted by ineffective compliance programs or failure to remediate. Companies with demonstrated compliance maturity may avoid monitorship, even in cases involving serious misconduct. This “principled” monitorship approach aligns with former Deputy Attorney General Lisa Monaco’s prior guidance to limit overly burdensome oversight where not warranted.
3. Expansion of the DOJ Whistleblower Program
Perhaps most notably, DOJ announced a much-needed expansion of its Corporate Whistleblower Awards Pilot Program. Eligibility now extends beyond traditional fraud to include trade and sanctions violations, export control breaches, and immigration-related offenses. Tipsters whose information leads to significant forfeitures may be eligible for financial awards, similar to existing programs at the SEC and CFTC.
Practical Takeaways for Companies and Individuals
For companies and individuals operating in highly regulated sectors, international markets, or prioritized enforcement areas , the new DOJ memo reinforces the value of early action and proactive compliance measures. Key recommendations include:
Reassess Compliance Programs: Companies should benchmark their compliance programs against DOJ expectations, particularly in areas such as risk assessment, internal reporting channels, protections for internal whistleblowers, training, and third-party oversight.
Build a Disclosure Framework: In-house counsel and compliance officers should ensure that internal procedures are in place to detect and escalate potential misconduct in real time, including through hotlines and internal audits, while establishing protections for internal whistleblowers.
Evaluate Voluntary Disclosure: In light of the updated enforcement posture, companies discovering potential misconduct should engage outside counsel early to evaluate whether self-disclosure is advisable.
Prepare for Whistleblower Activity: The expansion of whistleblower incentives increases the likelihood that employees, vendors, or competitors may report suspected violations to DOJ, even in the early stages of an investigation or audit.
Digital Asset Exposure: For fintech, blockchain, and digital asset firms, DOJ’s explicit prioritization of crypto-related enforcement is another clear signal of regulatory convergence with the SEC, CFTC, and FinCEN. These entities should anticipate increased scrutiny, particularly in the context of AML, sanctions, and investor protection.
How We Can Help
Our White-Collar Defense and Investigations team advises companies, boards, and executives on risk management, internal investigations, voluntary disclosures, and government enforcement defense. Our team of distinguished former federal prosecutors, based out of Miami, Boston, and New York, has extensive experience navigating DOJ’s evolving policies and can guide clients in evaluating disclosure decisions, structuring cooperation efforts, and negotiating favorable resolutions.
If your organization operates in one of DOJ’s enforcement priority areas, now is the time to revisit your risk exposure and response protocols. Our White-Collar Defense and Investigations team stands ready to assist companies and individuals navigating these evolving enforcement dynamics.
