Compliance Stuff

In May 2025, the Department of Justice (“DOJ”) announced  changes  to its corporate enforcement policies, including revisions to the Criminal Division’s standards for the  selection and use of monitors . While the new guidance on monitors affirmed that “monitors can be an effective resource to ensure that corporate offenders comply with the terms of a corporate criminal resolution,” the guidance cautioned how “monitors can also impose substantial expense and interfere with lawful business operations.”     According to the guidance, moving forward, monitorships must be “narrowly tailor[ed]…to address the risk of recurrence of the underlying criminal conduct and to reduce unnecessary costs.” To that end, Criminal Division prosecutors are now instructed to consider certain factors when determining whether the imposition of a monitor is appropriate, including: (1) “the nature and seriousness of the conduct” and the risk of recurrence “that would significantly imp...

New guidelines governing Foreign Corrupt Practices Act (FCPA) investigations and enforcement e ffectively signal the official end of the proclaimed FCPA enforcement pause announced by President Trump earlier in the year, while marking the start of many new priority areas of FCPA enforcement. The  guidelines , issued June 9 by Deputy Attorney General (DAG) Todd Blanche, follow the direction of the Trump administration’s laser sharp focus on the “total elimination” of cartels and Transnational Criminal Organizations (TCOs) and build upon the priorities spelled out in Attorney General Pamela Bondi’s memorandum issued in February. That memo, in part, directed FCPA Unit prosecutors in the DOJ’s Criminal Division to prioritize investigations relating to foreign bribery connected to the criminal operations of cartels and TCOs and to shift focus away from cases that don’t have such a connection. Separately,  Executive Order 14209  directed the DOJ to cease initiation of any new ...

Welcome to the Summer 2025 issue of “FCA Enforcement & Compliance Digest,” our quarterly newsletter in which we compile essential updates on False Claims Act (FCA) enforcement trends, litigation, agency guidance, and compliance tips. We bring you the most recent and significant insights in an accessible format, concluding with our main takeaways — aka “And the Fox Says…” — on what you need to know.   In this Summer 2025 edition, we cover: Enforcement Trends: DOJ Revisions to White-Collar Crime Enforcement Priorities and Policies Enforcement Trends: Trump Administration Reinforces Illegal DEI Executive Orders With Civil Rights Fraud Initiative Litigation Developments: Insurers Under Scrutiny- Kickbacks, Discrimination, and Medicare Advantage Plans Compliance Corner: Speaker Programs for Health Care Providers- Enforcement Trends and Compliance Lessons ICYMI:  DOJ Plans to Use the FCA to Attack DEI Initiatives 1. Enforcement Trends DOJ Revisions to White-Collar Crime Enforcem...