On May 12, 2025, the U.S. Department of Justice’s Criminal Division released a memorandum outlining its updated enforcement priorities for white collar crime under the Trump administration. The memo signals a sharpened focus on prosecuting corporate and white collar offenses that pose significant threats to American interests, including health care fraud, market manipulation, complex money laundering, and national security violations. 

The DOJ memo states that corporations, especially those that self-report misconduct, cooperate with investigations, and remediate issues, will have additional relief opportunities available to them. The odds of declination—where the DOJ decides not to prosecute—are now higher for companies that proactively disclose wrongdoing. Furthermore, corporate agreements with the government have now been limited to three years, except in exceedingly rare cases, and require early termination when applicable. The memorandum goes on to limit the use of corporate monitorships to situations where a corporation cannot be expected to meet compliance without intervention. The use of monitors, when applicable, must be narrowly tailored. Prosecutors are also instructed to take all reasonable steps to minimize the length and collateral impact of their corporate investigations – recognizing that from a company’s perspective “investigations into corporate crime can linger for years and, at times, with little meaningful progress.” A formal written declination will be provided assuming the conditions to close a case dealing with a corporate subject are met. This shift is designed to incentivize transparency and compliance. While companies should always consider self-reporting, the benefits of doing so appear even more attractive under this new policy.

The memorandum also places a key emphasis on holding individuals accountable for white collar crimes. This focus is on those who hold direct responsibility within corporations, such as executives, officers, and employees, who engage in illegal activities that harm shareholders, workers, investors, and consumers. The memorandum underscores the DOJ’s renewed priority of prosecuting individuals directly responsible for financial crimes rather than relying on corporate fines and penalties. The goal is to ensure that individuals—those with decision-making power—face accountability for illegal actions that negatively impact stakeholders. The memorandum advocates for a more individualized approach to prosecutions, emphasizing that the DOJ will not cast a wide net but instead will carefully assess each case to ensure those most culpable are held accountable. This approach ensures that prosecutorial resources are used efficiently and only in instances where there is clear evidence of individual wrongdoing, ensuring that undue burden is not placed on legitimate businesses. Learn more about the DOJ’s memo online.