The DOJ’s New White-Collar Agenda: Implications for Businesses

On May 12, 2025, the Department of Justice (the “DOJ”) released its criminal—and, more specifically, white collar crime enforcement—initiatives under the current administration. This is typical each time new leadership assumes control of the DOJ, and below is a summary of key changes clients should expect in the coming years.

Although the Trump administration has directed the FBI to allocate approximately 1/3 of its agents’ time to immigration enforcement, this does not mean that criminal white collar issues do not remain a high priority. While a lower priority is being placed on public corruption and foreign bribery matters, cases including: (i) healthcare fraud; (ii) trade and customs fraud; (iii) elder securities fraud; (iv) complex money laundering; and (v) crimes linked to terrorism and transnational criminal groups remain a top priority.

The DOJ’s Top 10 Corporate Crime Priorities

The DOJ Criminal Division will prioritize investigating and prosecuting corporate crime in the following “high impact areas”:

1. Waste, fraud, and abuse, including healthcare fraud and federal program and procurement fraud. This priority will require that health care providers, hospitals, small medical practices and others hire additional compliance staff and remain vigilant in light of the consistent evolution of fraudulent practices throughout the market.
2. Trade and customs fraud. Increased attention with respect to trade and customs fraud will compel companies with international operations to become accustomed to increased federal oversight, necessitating a stringent level of compliance, particularly considering attempted tariff evasions.
3. Fraud perpetrated through variable interest entities (VIEs). This focuses on areas including offering fraud, “ramp and dumps,” elder and securities fraud, and other market manipulation schemes. While this is consistent with actions taken by previous administrations, this initiative also carries an added focus on crimes against a growing elder American population.
4. Fraud that victimizes U.S. investors, individuals, and markets. This includes but is not limited to Ponzi schemes, investment fraud, elder fraud, servicemember fraud, and fraud that threatens the health and safety of consumers.
5. Conduct that threatens the country’s national security. Such conduct includes threats to the U.S. financial system by gatekeepers, such as financial institutions and their insiders that commit sanctions violations or enable transactions by: (i) cartels; (ii) Transnational Crime Organizations (TCOs); and (iii) hostile nation-states and/or foreign terrorist organizations (FTOs). Clients dealing with “enemy nations” should be aware that all of their activities will be subject to heightened scrutiny during the Trump administration and should ensure that such dealings are in line with relevant restrictions.
6. Material support from corporations to FTOs, TCOs, and cartels.
7. Complex money laundering.
8. Violations of the Controlled Substances Act and the Federal Food, Drug, and Cosmetic Act (FDCA). This includes activities related to fentanyl production and unlawful distribution of opioids by medical professionals and companies, both of which have become widespread issues that have garnered nationwide media attention.
9. Bribery and associated money laundering. Specifically, the DOJ will focus on areas that: (i) impact U.S. national interests; (ii) undermine U.S. national security; (iii) harm the competitiveness of U.S. businesses; and (iv) enrich foreign corrupt officials.
10. Digital asset-related crimes. Such crimes include those that: (i) victimize investors and consumers; (ii) use digital assets in furtherance of other criminal conduct; and (iii) involve willful violations that facilitate significant criminal activity.

Expected Increase in False Claims Act and Whistleblower-Brought Prosecutions

Coming on the heels of the 2024 launch of the Corporate Whistleblower Awards Pilot Program (the Whistleblower Pilot Program), the DOJ has now expanded the Program’s scope to cover an even broader range of corporate misconduct, which carries with it concerns for businesses operating across several additional industries. While the original Whistleblower Pilot Program applied only to crimes involving financial institutions, foreign and domestic corruption (including the Foreign Corrupt Practices Act), and healthcare fraud involving private insurance plans not covered by the False Claims Act, the broadened scope spreads much further.

Whistleblower awards are now also available for original, truthful information leading to forfeitures in cases involving:

• Violations related to cartels and TCOs;
• Violations of federal immigration law;
• Material support of terrorism;
• Sanctions offenses;
• Trade, tariff, and customs fraud; and
• Procurement fraud

Important Client Considerations

The DOJ is clear on its initiatives moving forward, and companies should invest in robust compliance programs and, in the event of a DOJ investigation, work with counsel to comply with DOJ information requests while protecting their own interests. In doing so, businesses will avail themselves of the DOJ’s new incentives, available in cases of voluntary self-disclosure and robust compliance programs.

Additionally, the expansion of the Whistleblower Pilot Program means companies must be vigilant across a wider range of legal and regulatory risks. Strong internal controls are more important than ever to mitigate the risk of whistleblower actions and DOJ enforcement. In light of the ever-evolving regulatory landscape, it is imperative that companies review and, where necessary, work with counsel to update their own internal investigation, reporting, and remediation processes.

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This DarrowEverett Insight should not be construed as legal advice or a legal opinion. This Insight is not intended to create, and receipt of it does not constitute, a lawyer-client relationship. The contents are intended for general informational purposes only, and you are urged to consult your attorney concerning any particular situation and any specific legal question you may have. Please reach out to us if you need help addressing any of the issues discussed in this Insight, or any other issues or concerns you may have relating to your business. We are ready to help guide you through these challenging times.

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