Key points
- A new memo suggests that the MJ will continue to continue the fraud and crimes of white collars.
- The DoJ has identified 10 areas of “high impact” interest, prioritizing crimes that harm government programs, citizens and investors and American markets.
- The DoJ will focus on white collar fraud committed by individuals and has published advice to prosecutors on procedures to follow in business surveys.
On May 12, 2025, the head of the criminal division of the Ministry of Justice (the division), Matthew Galeotti, released a memorandum, which applies only to lawyers of the division, describing the priorities and policies to pursue the crime of the white collar.
Although there has been speculations that the change of administration will lead to a decrease in the application of crime of white collars, the memo suggests that the DoJ will continue to pursue fraud and crimes of white collars with regard to crimes that harm government programs, citizens and American investors and markets.
The note also notes that all the unconscious of companies will not justify the prosecution.
White passes priorities
The memo explains that the emphasis is placed on the areas where it can have the greatest impact on the protection of American citizens and companies, and the promotion of American interests. The memo identifies 10 “high impact zones” which will be priority. The strands of the declared priorities of the Trump administration take place throughout the memo. Two notable areas of interest include:
- Waste, fraud and abuse, which will include health care and federal fraud on programs supply.
- Trade and customs fraud, including price escape.
Fraud on the securities and basic products markets will also remain high priority. The other crimes of interest are:
- PONZI diagrams, investment plans and other frauds that victimize American investors and consumers.
- Fraud perpetrated by Chinese variable interest entities and other foreign companies listed on American exchanges, including “ramp and discharge” diets and other market manipulations.
- Corruption, foreign corruption and money laundering, including “Chinese money laundering organizations”.
- Driving that threatens the interests of national security, such as aid or transaction with cartels, terrorist organizations and hostile nation states.
Advice which leads to the confiscation of money laundering, narcotics, immigration, terrorism, offenses to the sanctions of companies, commercial fraud or the price or fraud to the supply of companies will now be eligible at prices as part of the corporate denunciation reward pilot program.
Advice on the management of unconducting the company’s white necklace
The memo highlights the Historic Focus of the DoJ on the survey or the continuation of individuals, warns that all the misconduct against companies do not guarantee the prosecution and do not provide for the factors to be considered in the advisability of invoice a business.
Companies that identify and self-assess the individual fault of the DoJ, cooperate with the government and remedy to cope with misconduct can obtain the leniency of companies. Prosecutors are also encouraged to consider all forms of resolutions when accusations are necessary, such as non-preparation agreements, deferred prosecution agreements and guilt.
In particular, the division re -evaluates the duration of the conditions of all the existing agreements to determine if they should be interrupted early. For all new agreements with companies, the memo indicates that the conditions should not be three years longer, except in “extremely rare cases”.
The memo urges prosecutors to effectively investigate a potential fault and make rapid charge decisions. He also calls on monitors to be used only if necessary and, if necessary, that the scope of their examination is closely adapted to respond to the risk of recurrence.
This message comes from Skadden, Arps, Slate, Meagher & Flom LLP. It is based on the company’s memorandum, “in a new memo, the doj describes the crime development zones in white collar and prosecution advice”, dated May 14, 2025, and available here
