The Trump Administration has launched a coordinated, whole‑of‑government strategy to “totally eliminate” transnational cartels and affiliated criminal organizations. Two major steps have significantly reshaped the risk landscape for companies with operations in Mexico or that engage in cross-border flows between Mexico and the United States.
First, effective February 20, 2025, the administration designated eight organizations
On May 12, 2025, Department of Justice (DOJ) Criminal Chief Matthew Galeotti issued a memorandum addressing the “Fight Against White-Collar Crime.” The memorandum lists several priorities for white-collar criminal prosecutions. While the first priority – healthcare fraud and federal program and procurement fraud – is not surprising, the second priority – trade and customs fraud
On December 6, 2024, Principal Associate Deputy Attorney General Marshall Miller provided an update on the Justice Department’s (DOJ) corporate criminal enforcement efforts during his keynote address at the Practicing Law Institute’s White Collar Crime 2024 Program. Among other topics, Miller addressed ongoing efforts to combat corporate crime using self-disclosure policies and whistleblower programs
On September 23, 2024, the U.S. Department of Justice (DOJ) revised its Evaluation of Corporate Compliance Programs (ECCP). The revisions addressed several areas, including whistleblower protections and the role of data analysis. But of particular note, the updated ECCP now
On September 9, 2024, the Securities and Exchange Commission (SEC) announced settlements with seven public companies relating to their use of separation agreements that the SEC says violate whistleblower protection rules by preventing the employees from claiming any monetary reward for future whistleblowing. The companies agreed to pay over $3 million combined to settle the
Companies who submit healthcare claims to private payors, provide financial services to customers, interact with domestic or foreign public officials, or otherwise operate in highly regulated industries should take note that the Department of Justice (DOJ) has taken another significant step in its ongoing effort to encourage new whistleblowers with information about potential corporate criminal
In November 2023, during her keynote address at the American Conference Institute’s international conference on the Foreign Corrupt Practices Act (FCPA), Acting Assistant Attorney General for the Criminal Division Nicole Argentieri announced that the Fraud Section of the Department of Justice (DOJ) intended to be more active in generating FCPA investigations and prosecutions. Rather than
The U.S. Sentencing Guidelines play an enormous role in federal sentencing. While courts are not required to follow the guidelines, the guidelines remain the starting point for determining a defendant’s ultimate sentence. For that reason, amendments to the guidelines are equally significant.
Recently, the United States Sentencing Commission — the body
At last week’s sentencing of Binance CEO Changpeng Zhao, the government recommended a 36-month prison sentence. Despite the serious nature of Zhao’s crimes – failing to maintain an effective anti-money laundering program, which enabled users to engage in transactions linked to narcotics, terrorist financing and child sex abuse, among others – the court imposed a
On April 17, 2024, the seven-member panel of the U.S. Sentencing Commission voted to adopt an amendment prohibiting judges from using acquitted conduct in applying the federal sentencing guidelines. Previously, and consistent with the decision in United States. v. Watts, 519 U.S. 148, 157 (1997) (per curiam) (holding that “a jury’s verdict of acquittal