When the president paused Foreign Corrupt Practices Act (FCPA) enforcement earlier in the year, many thought that white collar enforcement would be less robust under this administration. But recent policy memoranda and guidance from the DOJ suggest otherwise. Rather, the DOJ has shifted its resources to focus on the investigation and prosecution of crimes that impact America’s national security and competitiveness in the global marketplace. In addition, there will be aggressive enforcement of waste, fraud and abuse in federal contracting and federal programs. Given this, as we move through 2025 and into 2026, white collar enforcement could well be poised for a significant uptick over recent years. As such, it is critical that general counsels understand these new priorities and take the necessary steps to proactively manage risk, ensure compliance, and protect their organizations from potential investigations and enforcement actions.
Trade Crimes Take Center Stage
One of the most significant shifts in DOJ enforcement is the elevation of trade crimes as a top priority. The DOJ’s 2025 White-Collar Enforcement Plan, announced in June, places “trade and customs fraud, including tariff evasion,” just behind waste, fraud, and abuse of government programs. Companies involved in international trade, import/export, or those with complex supply chains should expect increased scrutiny. DOJ has clearly signaled that trade crimes will be a major enforcement area. Just last month, DOJ announced that its Major Frauds and Market Integrity Unit is being reorganized and expanded into a new unit, the Market, Government, and Consumer Fraud Unit. In addition, the DOJ’s whistleblower program has been updated to specifically incentivize reporting of violations related to trade, tariff, and customs fraud, signaling a robust pipeline for new investigations. DOJ’s Fraud Section is adept at using data to identify targets for investigation and has done so effectively for years in the health care fraud space. Now, we anticipate that DOJ will use data compiled by the Bureau of Industry and Security at the Department of Commerce to identify subjects for investigation.
In light of this sharpened focus on cross-border trade and the ongoing changes in tariffs and trade regulations, companies must ensure their compliance programs are up-to-date and calibrated to the unique risk profile of their operations. General counsels should work closely with compliance teams to review trade practices, monitor for potential red flags, and ensure that all documentation and reporting are accurate and complete.
National Security: Sanctions, Export Controls, Data Security
Sanctions and export control enforcement will be a top priority for DOJ. Earlier this year, Attorney General Bondi announced a number of changes to the National Security Division (NSD) to better align its resources to advance the administration’s America First foreign policy and national security objectives. Even though the changes included disbanding NSD’s Corporate Enforcement unit, companies should not take that to mean they will not be subject to heightened scrutiny. To the contrary, prosecution of sanctions evasion, export control violations and other national security-related crimes will be robust. Indeed, just last month, NSD announced nine different criminal matters, including one corporate charge, ranging from arrests for sanctions evasion, theft of trade secrets, and export control violations.
National security prosecutions will no longer just involve cross-border trade matters. Now, companies involved with bulk sensitive data collection also face the risk of investigation and prosecution. In April, the NSD also rolled out new export controls for data security, the Data Security Program, which took effect last month. The DSP is designed to prevent U.S. citizens’ bulk sensitive personal data and U.S. government-related data from being accessed and exploited by specific countries of concern. The DSP is in effect now and businesses involved in the collection of bulk sensitive data on U.S. citizens or U.S. government-related information already need to be complying with the new rules, which includes having a compliance program in place covering these transactions. Failure to comply with this program could result in both civil and criminal penalties.
Government Contracting and Federal Program Fraud Remain Top Targets
The DOJ continues to prioritize the investigation and prosecution of waste, fraud, and abuse involving federal programs and procurement. This includes government contract fraud, health care fraud, misuse of federal funds, and procurement fraud that impacts the public fisc. Notably, DOJ and the Department of Health and Human Services (HHS) recently formed a False Claims Act Working Group, to facilitate better coordination of both civil and criminal False Claims Act cases.
For companies that contract with the federal government or participate in government programs such as Medicare or Medicaid, the risk of enforcement is particularly acute. The DOJ’s whistleblower program also covers these areas, offering significant financial incentives for information that leads to successful enforcement actions. General counsels should ensure that their organizations have strong internal controls, regular audits, and clear reporting mechanisms to detect and prevent fraud or abuse of government funds.
International Supply Chain and Cross-Border Finance
Companies operating internationally or with foreign partners face unique challenges in 2025. In announcing the designation of the major cartels as Foreign Terrorist Organizations (FTO), the DOJ will be sharply focused on identifying any entities that support or enable these groups. DOJ’s Money Laundering and Asset Recovery Section (MLARS) and its Narcotics and Dangerous Drugs Section (NDDS) are in the process of consolidating, meaning that companies with operations in cartel-influenced areas or other high-risk areas will be carefully monitored and scrutinized to determine if funding or services are being provided directly or indirectly to cartels. Similarly, financial institutions must become even more vigilant in anti-money laundering/know your customer compliance. In addition, FCPA enforcement, now un-paused, will prioritize prosecutions that involve cartels and Transnational Criminal Organizations (TCO).
To mitigate these risks, companies should update their FCPA and anti-bribery compliance programs and conduct a thorough supply and finance chain risk assessment. Payments to international partners must be carefully vetted to ensure they are for lawful purposes. General counsels should advise on due diligence procedures, monitor high-risk transactions, and ensure that compliance training is provided to all relevant employees.
Conclusion
The DOJ’s 2025 enforcement priorities reflect a dynamic and increasingly aggressive approach to white collar crime. Trade crimes, government program fraud, and international supply chain risks are at the forefront, with strict expectations for corporate self-disclosure and cooperation. General counsels should prioritize regular reviews of compliance programs, conduct routine checks of critical systems, and foster a culture of transparency and accountability. By staying ahead of DOJ enforcement trends and requirements, companies can better protect themselves from becoming targets of investigation or enforcement action. For general counsels, the message is clear: proactive compliance, early engagement with experienced counsel, and a vigilant approach to risk management are essential to navigating the evolving enforcement landscape.
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