On May 23, 2025, the U.S. Department of the Treasury’s Office of Foreign Assets Control (“OFAC”) issued General License No. 25 under the Syrian Sanctions Regulations, marking a measured but far-reaching reconfiguration of U.S. economic policy toward Syria. Acting in close coordination with the Department of State’s issuance of a national security waiver under Section 7425 of the Caesar Syria Civilian Protection Act of 2019...
With each new Administration comes a new approach or emphasis on certain enforcement priorities. The Trump Administration is marking its territory and doing so to underscore its priorities. In a recent speech, the Assistant Attorney General Matthew R. Galeotti for the Criminal Division announced DOJ’s new approach. To reinforce this new approach, DOJ issued a new memorandum, Focus, Fairness and Efficiency in the Fight Against...
In the prior post, I cited three significant risk areas for False Claims Act (“FCA”) risks and trade compliance: (1) Valuation; (2) Misclassification and (3) Country of Origin. Barco Uniforms On April 18, 2025, the United States filed a complaint against Barco Uniforms Inc. (“Barco”), Kenny Chan, David Chan, and companies operated and controlled by the Chans, alleging that they violated the False Claims Act...
As in every Administration, the Trump Department of Justice has made clear its enforcement priorities — government fraud, immigration and national security to include tariff and trade violations. DOJ fully recognizes the power of the False Claims Act as a powerful enforcement tool when it comes to trade and tariff enforcement. Add to the mix, the well-established whistleblower or qui tam relator program and you...
Never underestimate the creativity and ability of federal prosecutors to apply federal criminal laws to address “new” crimes or new enforcement programs. Corporate leaders and compliance officials are making a serious mistake when they confuse a “pause” in FCPA enforcement to mean a reduction in federal criminal corporate prosecutions. This Administration has no problem in taking aggressive positions in the legal arena and I would...
With the recent announcement by the Justice Department of a “pause” in FCPE enforcement, questions have arisen as to the U.S. continuing commitment to international anti-corruption efforts and re-focused priorities. To examine the shifting landscape, Michael Volkov invited Scott Greytak, the Director of Advocacy for Transparency International US and Scott Birenbaum, deputy director of FDD’s Center on Economic and Financial Power, to discuss the current...
DOJ’s new Corporate Enforcement Program is designed to bring certainty to the voluntary disclosure and cooperation process. DOJ’s intent is clear — voluntary disclosure is likely to lead to a declination, reduced penalties and the absence of a corporate monitor. DOJ’s changes are another attempt to spur voluntary disclosures. Over the last ten years, DOJ has step-by-step sought to increase the benefits of voluntary disclosure. ...
For years, companies have dreaded DOJ’s potential appointment of a corporate monitorship as part of a criminal resolution. Companies have often complained about the experience, citing burdensome and sometimes unnecessary changes being required as part of a corporate monitorship. On the other hand, some companies who have completed a monitorship will acknowledge that the corporate monitor helped the company establish effective ethics and compliance program...
The Trump Administration is committed to a re-defined objective of fair trade. This will have a significant impact on all businesses, across all operational functions. This is not surprising — for years, the United States has pushed global trade as an objective unto itself. The Trump Administration is raising important questions concerning the benefits to U.S. consumers and workers. As part of this new international...
With each new Administration comes a new approach or emphasis on certain enforcement priorities. The Trump Administration is marking its territory and doing so to underscore its priorities. In a recent speech, the Assistant Attorney General Matthew R. Galeotti for the Criminal Division announced DOJ’s new approach. To reinforce this new approach, DOJ issued a new memorandum, Focus, Fairness and Efficiency in the Fight Against...
