Client Alert: Department of Justice’s New White Collar Crime Focus
Date: June 9, 2025
The memorandum further directs that “Going forward, when entering into a corporate resolution with companies that cooperate and remediate, Criminal Division prosecutors must impose a term that is appropriate and necessary in light of, among other things, the severity of the misconduct, the company’s degree of cooperation and remediation, and the effectiveness of the company’s compliance program at the time of resolution. These terms should not be longer than three years except in exceedingly rare cases, and Criminal Division prosecutors should assess these agreements regularly to determine if they should be terminated early.”
The prosecutorial focus now is on the strength of a business’s compliance programs, the speed with which it reports misconduct, and the degree of its cooperation with DOJ, which, if satisfied, might cause prosecutors to offer materially reduced penalties, and in some circumstances, declinations. Consequently, DOJ seems to shift the focus more toward more agile internal reporting channels and decision-making frameworks so that businesses can swiftly evaluate potential misconduct and, where warranted, approach DOJ within a compressed timeline.
For guidance concerning this new DOJ directive and its effect, please reach out to W. Keith Watanabe (Kwatanabe@whitefordlaw.com ) or to other attorneys within Whiteford’s White Collar Defense Practice.
The information contained here is not intended to provide legal advice or opinion and should not be acted upon without consulting an attorney. Counsel should not be selected based on advertising materials, and we recommend that you conduct further investigation when seeking legal representation.