DOJ Leaders Affirm New Approach to Corporate Criminal Enforcement and Preview Policy Changes

A number of top leaders from the U.S. Department of Justice (DOJ) addressed a gathering of white collar criminal defense attorneys at the American Conference Institute's (ACI) 42nd Annual Conference on Foreign Corrupt Practices Act (FCPA) and Global Anti-Corruption on Dec. 4, 2025.

In a keynote address, Deputy Attorney General Todd Blanche underscored some key themes and approaches that DOJ previously announced in a May 2025 memorandum titled "Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime." In the memo, DOJ emphasized, among other things, that its "first priority" is to prosecute individual criminals who commit crimes, including executives and officers, while recognizing that not all "corporate misconduct warrants federal criminal prosecution" of corporations themselves. Picking up on this theme, Blanche reiterated at the ACI conference that DOJ's "primary goal" will continue to be "individual accountability," which he said is the "strongest deterrent [against] future [corporate] misconduct," much more so than a "massive fine" paid years after an investigation begins. To that end, Blanche emphasized that prosecutors should seek corporate criminal resolutions "only when [they] can identify one or more culpable individuals whose conduct can be fairly computed to the company." In those instances, Blanche said the government will not hesitate to pursue a criminal resolution against the corporation.

Hitting upon another theme from the May 2025 memo, Blanche reiterated the need for DOJ to provide consistency and transparency to corporate America when it comes to policy. Blanche announced that, in the coming weeks, DOJ would release a new, single corporate enforcement policy that would apply to criminal cases across DOJ. Presently, the Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) applies to Criminal Division matters, and other DOJ components, including U.S. Attorneys' Offices, have their own voluntary self-disclosure policies. The new single policy will "help provide certainty and transparency regardless of the specific prosecutors involved in the investigation," Blanche said, and will ensure that every case is handled in an "even-handed" way.¹

Blanche also leaned into an idea that was front and center in the May 2025 memo, namely that DOJ's policies should promote American prosperity by recognizing and rewarding law‑abiding companies that learn from their mistakes. In discussing monitorships, Blanche said that DOJ had "recalibrated" its approach and wanted to move away from "expensive" and "sprawling" monitorships that sometimes were "untethered from the actual misconduct the monitor was appointed to address." Going forward, Blanche said, monitors would be used "only where warranted" and only where "the benefits to compliance and deterrence outweigh what can be achieved through the company's own efforts and DOJ oversight." To put a finer point on it, Blanche stated that this would be the "rare case." Blanche also noted that the DOJ welcomed "reasonable advocacy" when a company believed the cost of monitorship was "exorbitant."

All this being said, both Blanche and Acting Assistant Attorney General Matthew Galeotti reiterated that DOJ white collar and corporate criminal enforcement remained a priority for DOJ and that the Department was prepared and equipped to run a "rigorous white collar enforcement program." Speaking before Blanche, Galeotti, the current head of the Criminal Division, noted that the Division was well‑suited to "be a leader in corporate enforcement" and "in the most complicated white-collar cases." Galeotti also noted that companies that don't cooperate or engage in good faith negotiations with prosecutors could "expect to get indicted."

Takeaways

DOJ has signaled that its top leadership remains committed to white collar and corporate criminal enforcement and intends to pursue a rigorous enforcement program in the coming years. DOJ leaders, however, also made clear that corporate America should expect DOJ to investigate and conclude prosecutions efficiently, as well as engage in fair, orderly and transparent decision-making and provide "meaningful credit" where a company cooperates consistent with the terms of the Corporate Enforcement and Voluntary Self-Disclosure Policy. Individual accountability will remain a priority for the Department, as it was in prior administrations. And, although DOJ is revising its policies and approach to corporate criminal enforcement, companies should understand that the policies are "not shields for criminal conduct."

For additional information and analysis regarding the CEP, please see Holland & Knight's previous alert, "DOJ Announces New Policies and Priorities in Prosecution of White Collar Crime," May 15, 2025. If you have any questions, please contact the authors or another member of Holland & Knight's White Collar Defense and Investigations Team or Global Compliance and Investigations Team.

Notes

¹ Discussing FCPA guidelines issued earlier this year, Blanche noted that DOJ made those guidelines and other policy documents publicly available to "allow businesses to better understand our priorities and allow counsel to provide more accurate risk assessments to your clients[.]" But, Blanche warned, complaints about how DOJ applies "internal standards" – particularly where all the facts are not known to defense counsel – will "rarely carry the day."

Information contained in this alert is for the general education and knowledge of our readers. It is not designed to be, and should not be used as, the sole source of information when analyzing and resolving a legal problem, and it should not be substituted for legal advice, which relies on a specific factual analysis. Moreover, the laws of each jurisdiction are different and are constantly changing. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. If you have specific questions regarding a particular fact situation, we urge you to consult the authors of this publication, your Holland & Knight representative or other competent legal counsel.