Doj Memo accelerates in 2025 shift in the enforcement of corporate crime

Key Takeaways

• The DOJ Criminal Division will prioritize the enforcement in key areas, including fraud in healthcare, violations of trade and customs as well as national security crimes.
• Companies that voluntarily dislude, cooperate and remedy themselves can qualify for degrees, reduce punishments and reduce compliance with compliance, even if there are aggravating factors.
• Compliance with corporate conformations is generally limited after three years, with an early termination available on the basis of renovation, risk reduction and program maturity.
• Independent monitors of conformity are only imposed if necessary and must be cut closely to limit the burden and the business disorder.

On May 12, 2025, the head of the crime department of the Ministry of Justice (DOJ), Matthew R. Galeotti, published a memorandum in which the enforcement priorities and guidelines of the department for the pursuit of crimes of corporate and employees under the Trump management were described.

The memorandum describes the need that the guidelines of the department “carry out an adequate balance between the determination and persecution of criminal misconduct” and minimize unnecessary burdens for American companies. “In accordance with this position, the memorandum describes areas in which the department focuses particularly on the investigation and persecution, and at the same time emphasizes the willingness of the department to reduce criminals and civilian sanctions when companies dislude themselves and work with the government.

Overall, the memorandum describes the enforcement priorities and the associated guidelines, which, with the focus of the Trump government, on the exertion of state waste and abuse, to increase US policy for foreign trade and combat national security concerns such as drug trafficking and foreign crime organizations, which to combat several executive regulations on these topics.

Include the “focus areas” of the criminal department:

• Fraud, failure and abuse of federal programs – in particular health fraud and procurement fraud;
• Commercial and customs fraud, including collective bargaining;
• Fraud that were committed by Vies (Viesige Zinnities Vigei Zinnes), including systems that aim at oldest, “ramps and garbage copies” and other forms of market manipulation;
• Was, the US investors, individuals and markets such as Ponzi programs, programs for the oldest and service members and fraud, which threatens consumers' health and security, the victim of victims of victims;
• Financial institutions that commit violations of sanctions or enable transactions by transnational criminal organizations (TCOS), drug cartels, hostile nation states and/or foreign terrorist organizations;
• Companies that offer foreign terrorist organizations, cartels and TCOs “material support”;
• Complex money laundry programs – especially refer to “Chinese money laundering organizations” and other organizations that are used to manufacture illegal drugs;
• Violations of the law on controlled substances and the federal law on food, medicinal products and cosmetics, including the illegal production and distribution of products that are used for the production of fake pills with fentanyl and the illegal distribution of opioids by medical specialists and companies;
• Bribery that influences the national interests of the United States, undermining US security and affects the competitiveness of the United States; And
• Crime with the use of digital assets – with cases in which the victims are concerned, cartels, TCOs or terrorist groups or the facilitating of drug washing or sanctions that receive the highest priority.

After the memorandum has described the criminal department's investigative and persecution priorities, he shows that the department will pursue a more relaxed approach for incorrect behavior of companies that are willing to report such behavior, to work with the government and to take measures to remedy misconduct. In fact, these are factors that the public prosecutor of the criminal department must now take into account if they determine whether criminal charges against companies should be initiated.

The memorandum also states that the enforcement of companies and the voluntary self -revelation policy of the department are revised to clarify additional advantages that are available to companies that dislocate themselves and work with the government, and offer an “easier” way for the explanation and money earnings. As part of these efforts, the fraud department of the criminal police and the department for money laundering and assets were instructed to check all existing compliance agreements to determine whether they should be terminated at an early stage. Facts that can take into account these sections when determining whether an early termination is justified include the duration of the time after the dissolution, a significant reduction in the company's risk profile, the extent of the renovation and maturity of the compliance program and whether the company has reported the misconduct itself.

In addition, department lawyers have to take several factors into account if they impose terms for corporate conformity agreements, including the severity of misconduct, the degree of cooperation and the renovation of the company and the effectiveness of the company's compliance program at the time of the resolution. The memorandum stipulates that the conditions of such agreements should not exceed three years, “except in extremely rare cases”, and the lawyers of the department should regularly assess these agreements to determine whether they should be ended at an early stage.

Finally, the memorandum offers political changes in relation to the use of independent monitors of conformity. The department will only impose such surveillance if, for example, a company cannot be expected to implement an effective compliance program or prevent the background of the underlying misconduct, and surveillance must be cut closely in order to minimize the costs, the load and interference in the business.

Mr. Galeotti discussed these political changes, while on May 13, 2025 he spoke at the anti-money laundering and finance crab conference of the Securities Industry and Financial Markets Association and stated that companies will now have a “clear path to declination” through self-revelation, complete cooperation with the government and timely remedy. Galeotti explained that even companies could be declared with aggravating circumstances if the cooperation and renovation of the company outweigh these circumstances. In addition, Galeotti indicated that even companies that, according to the government know that its misconduct has become aware of, can still qualify for short -term conformity agreements, a fine and reduction in surveillance.

Together, this memorandum and other guidelines published by the US general Prosecutor Pam Bondi, which the Pam Bondi attorney is published, point out that the department intends to treat misconduct from companies outside of certain areas of priorities with a lighter hand, and incentive to be transparent with the government and, as in the memorandum of the department, “learn from their mitch”.