Entries by Lisa H. Miller

21 08 '26

DOJ Rule Filing Helps Make White Collar Fraud Enforcement Restructuring Final

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On August 18, 2026, the U.S. Department of Justice published a final rule formally establishing the National Fraud Enforcement Division (“NFED”) within DOJ’s organizational regulations and defining the authorities of its Assistant Attorney General. The rule largely formalizes changes announced since April, when DOJ created NFED and began reallocating fraud enforcement responsibilities between the new Division and the Criminal Division.

The final rule gives NFED broad authority over criminal fraud matters, including criminal tax, trade fraud, fraud involving federal funds, healthcare fraud, and related offenses. At the same time, the Criminal Division retains broad fraud authority, leaving DOJ with a more flexible jurisdictional scheme than the public sector/private sector division of labor described by Department leadership in recent months.

We examine how the final rule institutionalizes DOJ’s new white-collar enforcement structure, what it means for the allocation of matters between NFED and the Criminal Division, and the practical implications for companies facing potential exposure across both enforcement portfolios.  Click here to read the full post.

14 08 '26

DOJ’s National Fraud Enforcement Division Issues Inaugural Memorandum: Four Key Takeaways

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On August 13, 2026, Assistant Attorney General Colin M. McDonald of the Department of Justice’s (DOJ) National Fraud Enforcement Division (NFED) issued a memorandum outlining the Division’s mission, organizational structure, and enforcement priorities (the Memo). The White House established NFED in April 2026. As discussed in a prior Sidley update, NFED is tasked with leading a whole-of-government effort to combat fraud “no matter its size or complexity.”

The Memo provides the most detailed public account to date of NFED’s mission, structure and enforcement approach and further underscores the Administration’s focus on anti-fraud enforcement as a signature initiative.

This blog post highlights four key takeaways from the Memo and offers observations for companies navigating this evolving enforcement landscape. Click here to read the full post.

12 08 '26

DOJ Renames Criminal Division’s Fraud Section as the “White Collar and Corporate Enforcement” Section

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On August 10, 2026, the U.S. Department of Justice (DOJ) announced that the Criminal Division’s longstanding Fraud Section has been renamed the White Collar and Corporate Enforcement Section. The change follows the creation of the National Fraud Enforcement Division, which absorbed more than half of the legacy Fraud Section’s personnel and its longstanding mandate to combat fraud against government programs.

The renaming marks a notable development for a Section that has played a central role in DOJ’s corporate and financial crime enforcement for decades. The Section’s roots date to the World War II-era “War Frauds Unit,” and its prosecutors have since handled significant matters involving securities and commodities fraud, health care fraud, foreign bribery, market manipulation, and other complex economic crimes.

The key question is whether the new name reflects a rebranding or signals broader changes in DOJ’s white collar enforcement strategy. Click here to read the full post.

03 08 '26

DOJ Loosens the Whistleblower Program’s Bar on “Other Program” Claimants in Latest Revision

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On July 30, 2026, the U.S. Department of Justice (DOJ) revised its Corporate Whistleblower Awards Pilot Program, expanding the pool of individuals who may qualify for an award. Most notably, DOJ eliminated the prior rule that automatically disqualified whistleblowers who could have been eligible for an award under another U.S. government whistleblower program, such as those administered by the SEC or CFTC. Instead, a whistleblower is now disqualified only if he or she actually receives an award from another program for reporting the same or substantially the same misconduct, while DOJ retains discretion to reduce or deny duplicative awards.

The revised guidance also includes several administrative updates, including confirmation that the program is now administered by the Criminal Division’s Money Laundering, Narcotics, and Forfeiture Section (formerly the Money Laundering and Asset Recovery Section) and that submissions will be made through a dedicated online intake portal. The covered subject-matter areas remain unchanged from the May 2025 expansion and continue to include, among other areas, financial institution crimes, bribery, healthcare fraud, trade and customs fraud, procurement fraud, immigration offenses, and sanctions-related misconduct.

For companies, the revisions further strengthen incentives for whistleblowers to report directly to DOJ, including in matters that may also be eligible for other agency whistleblower programs. At the same time, DOJ’s Corporate Enforcement and Voluntary Self-Disclosure Policy continues to provide a pathway to a declination for companies that promptly self-disclose, cooperate, and remediate misconduct, reinforcing the importance of effective internal reporting mechanisms and careful consideration of self-disclosure decisions in the face of potential whistleblower reports. Click here to read the full post.

30 07 '26

DOJ Grants First Healthcare Declination Under New Corporate Enforcement Policy While Indicting Founder

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On July 29, 2026, the Department of Justice (“DOJ”) announced that, consistent with Part I of DOJ’s Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (“CEP”), it declined to prosecute Campus Eye Management Holdings LLC and its wholly owned subsidiary, Campus Eye Management LLC (collectively, “Campus Eye”), a management services organization that provided billing and other services to an optometry practice and ambulatory surgery center. DOJ had been investigating Campus Eye for alleged healthcare fraud, including illegal kickbacks. This is the first declination involving a healthcare company under the new, Department-wide CEP. And it is only the second healthcare fraud declination under any voluntary self-disclosure policy in DOJ history—the first being the HealthSun Health Plans, Inc. matter handled by the same team (i.e., the Health Care Fraud Unit) when they were part of the Criminal Division’s Fraud Section, prior to creation of the National Fraud Enforcement Division (“NFED”) earlier this year. Click here to read the full blog post.

06 07 '26

HHS-OIG Decertifies New York Medicaid Fraud Control Unit, Escalating Federal Scrutiny of State Medicaid Fraud Enforcement

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The Administration has taken another significant step in its effort to increase pressure on state Medicaid Fraud Control Units (“MFCUs”). On July 2, 2026, the United States Attorney’s Office for the Northern District of New York announced the U.S. Department of Health and Human Services Office of Inspector General (“HHS-OIG”) denied recertification of New York’s MFCU and suspended its federal funding effective July 1. The decision follows the Administration’s announcements earlier this year that it would closely scrutinize state MFCU performance, including through funding consequences for states perceived as failing to aggressively investigate and prosecute Medicaid fraud.