DOJ Rule Filing Helps Make White Collar Fraud Enforcement Restructuring Final
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.
DOJ’s $5.15 Million FCA Settlement Reinforces Focus on Tariff and Customs Compliance
On August 5, 2026, DOJ announced a $5.15 million settlement with a Taiwanese light-emitting diode (“LED”) manufacturer and its Texas-based subsidiary to resolve allegations under the False Claims Act (“FCA”), the common law, and the Tariff Act of 1930, as amended, that the companies knowingly failed to pay additional tariffs on Chinese-origin LEDs imported into the United States. The claims stem from a qui tam suit filed by a former employee. See United States ex rel. Wang v. Everlight Electronics Co., Ltd., et al., No. TDC-21-cv-1607 (D. Md.). As we reported here and here, this settlement is the latest example of DOJ’s push to target trade fraud through its Trade Fraud Task Force.
DOJ Expands Trade Fraud Enforcement After $1 Billion Milestone
The U.S. Department of Justice and the Department of Homeland Security announced on July 14, 2026, that the Trade Fraud Task Force had surpassed $1 billion in criminal and civil recoveries, penalties, forfeitures, and publicly charged losses less than one year after its launch. The announcement confirms a fundamental shift in the federal government’s approach to customs and trade enforcement, reflecting increased emphasis on rigorous criminal prosecution and civil enforcement under the False Claims Act.
President Trump Issues Executive Order to Enhance Customs Enforcement
President Trump’s June 3, 2026 Executive Order on customs enforcement signals a significant expansion of the Administration’s America First Trade Policy beyond tariffs and trade remedies. The order directs the Department of Homeland Security and U.S. Customs and Border Protection (CBP) to undertake a broad range of reforms aimed at strengthening customs enforcement, including heightened importer vetting, increased bond requirements, expanded supply-chain disclosure obligations, and stricter penalties for noncompliance. The order also focuses on nonresident importers of record, imposing new restrictions that could affect foreign companies that have long relied on established import structures and procedures to access the U.S. market. Because many of the contemplated changes can be implemented through CBP rulemaking and guidance rather than legislation, importers should expect significant regulatory developments over the coming months. Companies that import goods into the United States should begin assessing the potential impact on their customs compliance programs, supply chains, and import operations.
Clear and Present Danger: How DOJ Trade-Fraud and Anti-Corruption Priorities Show Trade & Customs Risks Are Here to Stay
The U.S. Department of Justice (DOJ) has signaled a renewed and sharpened focus on trade and customs-related misconduct, including tariff evasion. While DOJ’s emphasis on this enforcement area is notable in its own right, this Update highlights how DOJ’s prioritization of trade and customs fraud also brings Foreign Corrupt Practices Act (FCPA) exposure back to the forefront of risks for multinational companies. (more…)
