New Clarity Emerges on DOJ’s Fraud Enforcement Reorganization
In remarks delivered on June 3, 2026, at the American Conference Institute’s Global Anti-Corruption, Ethics & Compliance Conference in New York City, Assistant Attorney General A. Tysen Duva, the head of the U.S. Department of Justice’s (“DOJ”) Criminal Division, provided the clearest public indication to date of how DOJ intends to divide fraud enforcement responsibilities between the Criminal Division’s Fraud Section and the newly created National Fraud Enforcement Division (“NFED”).
Under the emerging structure, NFED will focus on government program fraud, i.e., criminal offenses involving public payers and public systems, including taxpayer-funded programs, while the Criminal Division’s Fraud Section will remain focused on private-sector market, consumer, and corporate fraud matters—a traditional strength of the Unit previously known as Market Integrity & Major Frauds, which will remain part of the Criminal Division. Duva further emphasized that the Fraud Section will be focusing on securities and major financial fraud schemes, global fraud, and prediction markets, and is actively looking to further build capacity by hiring talented lawyers.
The remarks largely confirm earlier expectations that DOJ would eventually provide greater clarity regarding the respective roles of the Criminal Division and NFED following NFED’s creation. We examine what Duva’s comments reveal about DOJ’s enforcement priorities, staffing changes, and the implications for future enforcement activity.
Three Potential Benefits, One Powerful Incentive: NDIL’s New Individual Self-Disclosure Program
On May 14, 2026, the U.S. Attorney’s Office for the Northern District of Illinois (NDIL) announced a new Individual Self-Disclosure Program offering qualifying individuals three potential forms of relief in exchange for voluntary self-disclosure and cooperation: letter immunity, a deferred or non-prosecution agreement, or criminal prosecution with substantial sentencing relief. The Program’s express three-tier structure distinguishes it from many other federal self-disclosure programs, which generally focus on the possibility of a non-prosecution or deferred prosecution agreement. To qualify, individuals must provide a complete and truthful proffer, cooperate fully with law enforcement, testify if required, and disgorge any criminal proceeds, among other requirements. This post summarizes the Program’s key features and highlights how it compares to similar self-disclosure initiatives adopted in other jurisdictions.
“Don’t Wait”: DOJ Criminal Division Chief Signals Faster Disclosure Expectations and Uptick in Corporate Enforcement
On May 7, 2026, Assistant Attorney General A. Tysen Duva used his first major speech to the compliance community since DOJ’s March 2026 rollout of its department-wide Corporate Enforcement Policy (CEP) to deliver a clear message: corporate enforcement activity is expected to increase, companies should self-disclose misconduct early—even before completing internal investigations—and robust compliance programs remain central to DOJ’s expectations.
Clayton Addresses the Uncertainty Surrounding SDNY’s Self-Disclosure Program
On April 14, 2026, at a conference hosted by New York University School of Law’s Program on Corporate Compliance and Enforcement, Jay Clayton, the U.S. Attorney for the Southern District of New York (SDNY), publicly addressed whether the Department of Justice (DOJ)’s recently announced Department-wide Corporate Enforcement and Voluntary Self-Disclosure Program (CEP) supersedes SDNY’s own Corporate Enforcement and Voluntary Self-Disclosure and Cooperation Program (the SDNY Program). Clayton stated that the two policies are not in tension and that his Office continues to invite companies to self-report misconduct under the SDNY Program.
U.S. DOJ Implements Uniform Corporate Enforcement and Voluntary Self-Disclosure Framework Across All Components Except Antitrust
On March 10, 2026, the U.S. Department of Justice (DOJ or the Department) announced a new Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). For the first time, the policy establishes a uniform framework governing corporate enforcement decisions across all DOJ components, including U.S. Attorneys’ Offices nationwide, with the exception of the Antitrust Division, which will maintain its separate and longstanding leniency policy. DOJ’s stated goal for the CEP is to promote greater consistency, predictability, transparency, and fairness in DOJ’s prosecutions of corporate criminal matters.
U.S. DOJ Unveils White-Collar Enforcement Priorities and Corporate Enforcement Policy Revisions
On May 12, 2025, the Head of the U.S. Department of Justice Criminal Division, Matthew Galeotti, provided the Trump administration’s first comprehensive articulation of white-collar priorities and revised corporate enforcement policies in remarks delivered at the Securities Industry and Financial Markets Association Anti-Money Laundering and Financial Crimes Conference. (more…)