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DOJ Clarifies Administration’s Stance on What Constitutes “Illegal DEI”

On July 29, 2025, the U.S. Department of Justice (DOJ) released a memorandum titled “Guidance for Recipients of Federal Funding Regarding Unlawful Discrimination” (the Memorandum) that provides clarity on what the...more

DOJ’s Approach to White Collar Enforcement: Target Those Who Harm U.S. Interests While Minimizing Collateral Damage

The U.S. Department of Justice (DOJ) recently announced Guidelines for Investigations and Enforcement of the Foreign Corrupt Practices Act (FCPA). The June 9 memorandum from Deputy Attorney General Todd Blanche instructs...more

DOJ Civil Rights Fraud Initiative Targets "Illegal DEI" Programs via the False Claims Act

The U.S. Department of Justice (DOJ) announced the creation of the Civil Rights Fraud Initiative in a Memorandum issued on May 19, 2025. According to the Memorandum, the Initiative is an enforcement effort that will use the...more

DOJ Announces Changes to White Collar Enforcement Policies, Focusing on “Most Egregious” Crimes

This week, the U.S. Department of Justice (DOJ) announced the Criminal Division’s new white collar enforcement plan, changes to its Corporate Whistleblower Pilot Program, and revisions to the Corporate Enforcement and...more

What the FCPA Criminal Enforcement Pause Means for Companies

Late on February 10, President Trump ordered Attorney General Pam Bondi to “pause” new Foreign Corrupt Practices Act (FCPA) enforcement for 180 days while the U.S. Department of Justice (DOJ) refocuses criminal enforcement of...more

DOJ Announces Larger FCA Recoveries and More Whistleblower Cases Filed in 2024

On January 15, 2025, the U.S. Department of Justice (DOJ) announced $2.9 billion in total False Claims Act (FCA) recoveries for FY 2024, a slight increase from 2023. In addition to growing recoveries, DOJ announced a new...more

Think Because You Are a Private Company the SEC Is Not Your Problem? Think Again (and review those separation agreements)

What: Twice this month, the Securities and Exchange Commission (SEC) announced settled actions against entities for violating SEC Rule 21F-17(a) related to language in their separation agreements, including one against a...more

DOJ’s “Carrot” Approach to Corporate Enforcement Policy (But Read the Fine Print)

Last Tuesday, the Department of Justice (DOJ) announced the most recent modifications to its Criminal Division Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) in an effort to further encourage companies to...more

2021 FCA Recoveries Bounce Back from Decade-Low . . . Maybe

On February 1, the U.S. Department of Justice (DOJ) announced the second-largest annual total recoveries in the history of the False Claims Act (FCA)—$5.6 billion—for FY 2021 (October 2020 – September 2021)...more

DOJ Rescinds Agency Guidance Policy Expanding the FCA Landscape

After a wave of defense-friendly policies under the Trump Administration, the U.S. Department of Justice (DOJ) has reversed course on agency guidance and its buyer’s remorse will enable its attorneys to try once again to...more

Unsealed Indictment Connected to Record Breaking Telecom Case Reconfirms DOJ’s Commitment to Individual Accountability

In September, the U.S. District Court for the Southern District of New York unsealed an indictment charging Afework Bereket, a former account manager with a large telecom company, with conspiracy to violate the Foreign...more

[Webinar] Adjusting the Risk for Medicare Advantage: Recent Enforcement Trends and Litigation Involving Medicare Advantage Risk...

The Department of Justice (DOJ) continues to concentrate on risk adjustment programs of payers with Medicare Advantage Organizations (MAO) as a prime enforcement target. One particular area of focus, both civilly and...more

DOJ Civil Division Issues New Guidance on Inability-to-Pay Assessments

The U.S. Department of Justice (DOJ) Civil Division has published new Guidance on how it will evaluate the assertions of parties who claim they are unable to pay judgments or penalties in False Claims Act (FCA) and other...more

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