In white-collar criminal cases, forfeiture is one of the most consequential sentencing components, yet it remains overlooked and misunderstood by practitioners. The U.S. Court of Appeals, Second Circuit’s recent decision in United States v. Ng Chong Hwa demonstrates why a thorough understanding of forfeiture is essential.
DOJ’s Revised Corporate Enforcement Policy in Action
On May 12, 2025, the Department of Justice (DOJ) announced revisions to its Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP). As stated by Matthew Galeotti, head of the DOJ’s Criminal Division, the purpose of the revised CEP is to incentivize companies to “come forward, come clean, reform, and cooperate with the government in efficient investigations
Voluntary Disclosure Leads to FCPA Declination
In August 2025, the U.S. Department of Justice (DOJ) declined to prosecute an insurance company for alleged violations of the Foreign Corrupt Practices Act (FCPA), marking the first action of its kind since the DOJ paused FCPA prosecutions earlier this year. DOJ’s decision came in response to the company’s voluntary self-disclosure. Importantly, this decision allows the company to avoid criminal charges in connection with bribes allegedly paid by employees of its foreign subsidiary for customer referrals for products. As part of the resolution with DOJ, the company will disgorge approximately $4.7 million in profits that are tied to the misconduct.