Editor

Douglas Fuchs

Partner

DOJ’s Fraud Division Issues Corporate Enforcement Directive – Continuing to Carve Out a Wider Lane

Assistant Attorney General Colin M. McDonald of the National Fraud Enforcement Division issued a directive on October 1 providing guidance on the Division’s approach to corporate enforcement.  It establishes four corporate enforcement priorities—focused primarily on fraud against the United States—and identifies ten factors governing charging and resolution decisions.  It also centralizes review of corporate matters in the Division’s Corporate Enforcement Section and calls for the implementation of a Division whistleblower program.  Finally, it signals that responsibility for corporate enforcement within DOJ remains in motion, with the Fraud Division claiming a central role.