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.
Year-End False Claims Act Roundup: Key Cases, Enforcement Trends, and What Businesses Should Do Now
2025 has been a landmark year for False Claims Act (FCA) enforcement, marked by record-breaking settlements, evolving legal theories, and a broadening scope of government priorities. The FCA remains one of the federal government’s most potent tools for combating fraud, with billions recovered annually and an ever-expanding reach into new sectors and compliance areas. This roundup synthesizes the year’s most significant developments—drawing on recent case law and shifting enforcement priorities—and provides actionable insights for businesses navigating the FCA landscape.
State Attorneys General 2025 Enforcement Landscape: What Companies Need to Know
2025 marked another notable year in State Attorneys General (AG) enforcement, with both a sharp uptick in multistate AG actions filed against the federal government and significant actions targeting the private sector across industries. We will highlight two issue areas here—antitrust and consumer protection—and describe the escalating friction between State AGs and the federal government as well as distill this year’s trends into actionable takeaways for businesses as we enter 2026.
DOJ’s 2025 Enforcement Landscape: What Companies Need to Know
This year, the Department of Justice (DOJ) increased its focus on white-collar crime enforcement in some areas, prioritized new areas, and shifted resources away from others. Many of these changes are reflected in Acting Assistant Attorney General Matthew R. Galeotti’s May 12, 2025, memorandum to the DOJ’s Criminal Division (Galeotti Memo), which highlighted 10 high-impact areas of white-collar crime for enforcement:[1]
Understanding HIPAA Disclosures When Responding to CIDs in FCA Investigations
In Episode 33 of False Claims Act Insights, Claire Postman and I tackle a critical challenge for healthcare providers: balancing HIPAA compliance with civil investigative demands (CIDs) in False Claims Act investigations. Claire explains HIPAA’s general prohibition on disclosing protected health information and the key exceptions that permit disclosure when required by law, such as
Unraveling the DOJ Tax Division: What Its Dissolution Means for Tax Enforcement
Since 1934, the United States Department of Justice (DOJ) Tax Division has been responsible for handling both DOJ’s civil and criminal tax enforcement. The Tax Division works with the IRS to oversee criminal investigations and the prosecution of tax crimes (supervising and coordinating with local United States Attorneys) and engage in civil enforcement activities including
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
Impact of Shutdown on Certain Federal Enforcement Agencies
There have been nearly two dozen federal government shutdowns since 1976, and while shutdowns can’t be said to be rare, it is relatively infrequent that they last very long. Only five times during that span has a shutdown lasted longer than one week. As we write this post, we are on Day 3 of the
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.
Check Out our New Monthly Webinar Series
On September 23, we launched our Government Enforcement, Compliance & Investigations webinar series, a new monthly webinar program covering Department of Justice criminal enforcement, False Claims Act, antitrust, and state attorney general topics.
In the kickoff webinar, Jody Rudman, Wendy Arends, Matt Diehr, and I joined in a broad discussion on government enforcement. Jody and I