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Criminal Prosecution Regulatory Requirements

BakerHostetler

In Case of First Impression, Looking to AKS Precedent, Ninth Circuit Affirms EKRA Conviction for Improper Payments to Marketers

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In one of the few prosecutions based on the Eliminating Kickbacks in Recovery Act (EKRA), and in an even rarer Court of Appeals opinion interpreting the statute, the Ninth Circuit in United States v. Schena, No. 23-2989, 2025...more

Husch Blackwell LLP

CFTC Enforcement Division Issues Framework for DOJ Criminal Referrals

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On July 9, 2025, the Commodity Futures Trading Commission (CFTC) Division of Enforcement (DOE), acting pursuant to a recent executive order (EO), issued an advisory letter outlining its new policy for referring criminally...more

Jones Day

Landmark Enforcement Under U.S. CPSA Leads to Sentencing of Corporate Executives for Failure to Report Product Hazards

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In June 2025, two former executives were each sentenced to more than three years in prison for conspiracy and failure to report hazardous products to the U.S. Consumer Product Safety Commission ("CPSC"), marking the first...more

Cooley LLP

CFPB Announces Plan to Review Offenses Carrying Criminal Penalties

Cooley LLP on

On June 27, the Consumer Financial Protection Bureau (CFPB) issued a policy statement, “Guidance on Referrals for Potential Criminal Enforcement,” which outlines its plan to address criminal regulatory offenses within its...more

Bradley Arant Boult Cummings LLP

Today in Needlessly Cruel and Silly News: Alabama Hemp Law Soon to End Availability of Popular CBD Products to Pets

During the course of the most recent session when the Alabama Legislature gutted Alabama’s consumable hemp program, I had the opportunity to hear from certain individuals with thoughtful, nuanced views on the pros and cons of...more

Husch Blackwell LLP

Updated: Trump Administration Clarifies Criminal Enforcement Priorities

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On May 9, 2025, the White House issued an executive order, titled “Fighting Overcriminalization in Federal Regulations,” that could have a significant impact on the administration’s enforcement of criminal regulatory...more

Orrick, Herrington & Sutcliffe LLP

CFPB publishes policy statement on criminally liable regulatory offenses

On June 27, the CFPB published a policy statement in the Federal Register outlining its plan to address criminally liable regulatory offenses. The statement came in response to Executive Order 14294, which the President...more

Holland & Knight LLP

CFPB Provides Guidance on Referrals for Potential Criminal Enforcement

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The CFPB has issued a policy statement describing its plan to address criminally liable regulatory offenses. President Donald Trump previously issued an executive order on May 9, 2025, requiring each federal agency to publish...more

Mintz - Technology, Communications & Media...

Telephone and Texting Compliance — Congress Hears from Industry Stakeholders on the Next Steps to Combatting Illegal Robocalls and...

On June 4, 2025, the House Energy and Commerce Committee’s Subcommittee on Oversight and Investigations held a hearing on combating illegal robocalls and robotexts. The hearing, entitled “Stopping Illegal Robocalls and...more

Cooley LLP

First-Ever Sentencing of Corporate Executives for Failure to Report Under Consumer Product Safety Act

Cooley LLP on

As we previously reported, in November 2023, two corporate executives were convicted of conspiracy and failure to report defective dehumidifiers in violation of the Consumer Product Safety Act (CPSA). This groundbreaking...more

Beveridge & Diamond PC

What the New Executive Order on “Fighting Overcriminalization in Federal Regulations” Means for Environmental Criminal Enforcement

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On May 9, 2025, President Trump issued Executive Order No. 14294, “Fighting Overcriminalization in Federal Regulations” (EO), which reinforces the administration’s deregulatory agenda. While sweeping in scope, the EO has...more

The Volkov Law Group

Episode 374 -- Justice Department Resumes FCPA Enforcement with New, Focused Guidance

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The Justice Department has returned to the FCPA enforcement arena -- in a significant development, DOJ announced the resumption of FCPA enforcement, with a new set of enforcement guidance principles. The new guidance is an...more

Foley & Lardner LLP

FERC Issues Guidance on Treatment of Criminal Regulatory Offenses

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On June 16, 2025, the Federal Energy Regulatory Commission (FERC) issued a Notice of Guidance regarding the consistency of its existing policies for referring alleged criminal regulatory offenses to the Department of Justice...more

Bradley Arant Boult Cummings LLP

Justice Rushed Is Justice Denied: Why Alabama’s Attorney General Can Show Wisdom Rather Than Power on Hemp

One of my favorite quotes from Justice Potter Stewart (naturally, a Supreme Court justice writing about watching pornography is my favorite) is “[f]airness is what justice really is.” The Alabama attorney general has an...more

Latham & Watkins LLP

Key Insights on President Trump Executive Order Limiting Criminal Enforcement of Regulatory Offenses

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The executive order shifts policy on enforcement of criminal regulatory offenses, steering away from criminal enforcement of strict liability offenses in regulatory matters....more

BakerHostetler

Washington State Broadly Criminalizes All Malicious Deepfakes, Expanding on Existing Deepfake Regulation

BakerHostetler on

On April 16, Washington state added a new law to the growing patchwork of state, federal and international laws aimed at curbing the malicious use of artificial intelligence (AI)-generated deepfakes. ...more

Brownstein Hyatt Farber Schreck

New Executive Order Takes Aim at the Regulatory State

On May 9, President Trump signed Executive Order (EO) 14294, “Fighting Overcriminalization in Federal Regulations.” The EO is a continuation of President Trump’s larger effort to address the “overregulation” problem that has...more

Womble Bond Dickinson

The Trump Administration Takes Aim at Regulatory Overcriminalization

Womble Bond Dickinson on

On May 9, 2025, President Donald Trump issued an Executive Order entitled “Fighting Overcriminalization in Federal Regulations.” The Order takes aim at what the President calls “regulatory crimes,” with the intended purpose...more

Husch Blackwell LLP

Trump Administration Clarifies Criminal Enforcement Priorities

Husch Blackwell LLP on

On May 9, 2025, the White House issued an executive order, titled “Fighting Overcriminalization in Federal Regulations,” that could have a significant impact on the administration’s enforcement of criminal regulatory...more

Cooley LLP

New Executive Order Seeks to Curb Overuse of Criminal Actions Brought By Federal Agencies

Cooley LLP on

Last week, President Trump issued an executive order – entitled “Fighting Overcriminalization in Federal Regulations” – with the goal of curbing the use of criminal penalties otherwise imposed by federal regulations. The...more

Sheppard Mullin Richter & Hampton LLP

DOJ’s Updated Enforcement Policy: A Game-Changer for Corporate America?

On May 12, 2025, the U.S. Department of Justice (DOJ) announced a major overhaul of its corporate enforcement policy, aiming to incentivize companies to voluntarily self-disclose misconduct. Titled “Focus, Fairness, and...more

Baker Botts L.L.P.

Curbing Regulatory Crimes: Latest Executive Order Warrants Close Attention by Corporate Legal and Compliance Teams

Baker Botts L.L.P. on

On May 9, 2025, President Donald J. Trump signed a new Executive Order titled Fighting Overcriminalization in Federal Regulations, marking a significant policy shift in how federal agencies and the Department of Justice (DOJ)...more

McDermott Will & Emery

The UK Economic Crime & Corporate Transparency Act 2023: What companies need to know and what they can do to prepare

McDermott Will & Emery on

The UK Economic Crime & Corporate Transparency Act 2023 sets out two major reforms making it much easier for UK authorities to prosecute corporate wrongdoing: - it substantially increases the circumstances in which a company...more

The Volkov Law Group

Transforming the Justice Department

The Volkov Law Group on

The Trump Administration is focused on change in the government’s role, the administrative state, and the political environment.  With these changes, you can expect the Trump Administration to aggressively pursue violators —...more

Foley & Lardner LLP

What Every Multinational Company Needs to Know About … Criminal Enforcement of Trade, Import, and Tariff Rules: A Growing Risk for...

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In less than 100 days, the Trump administration has implemented a dizzying array of new tariffs, significantly increasing costs and complexity for U.S. importers. The administration is keenly aware that companies operating in...more

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