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ARTICLE · 20 OCTOBER 2026

DOJ Fraud Division Issues Corporate Enforcement Directive

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The U.S. Department of Justice's National Fraud Enforcement Division has issued a new directive establishing an aggressive corporate enforcement framework with specific charging factors and priorities. Companies in healthcare, government contracting, and international trade face heightened scrutiny as prosecutors must now give "great weight" to ten enumerated factors when making charging decisions.

United StatesCriminal Law
David H. Favre, III
David H. Favre, III
Nimi Aviad
Nimi Aviad
Derek A. Hahn
Derek A. Hahn
Alexander Kramer
Alexander Kramer
Agustin D. Orozco
Agustin D. Orozco
Preston L. Pugh
Preston L. Pugh

On October 1, 2026, the U.S. Department of Justice’s (DOJ) National Fraud Enforcement Division issued Directive 26-12: Corporate Enforcement in the Fight Against Fraud. Assistant Attorney General Colin M. McDonald’s October directive follows his August 2026 memorandum setting the Division’s enforcement priorities. The directive signals — in the DOJ’s words — “an aggressive, all-tools” enforcement posture across the Division’s health care, government contracting, tax, and trade fraud priorities, while simultaneously supporting the incentives designed to promote transparency, reward cooperation, and encourage voluntary disclosure of misconduct.

Beyond reinforcing the Division’s priorities, this October directive outlines the factors the Division will give “great weight” to when making corporate charging and plea decisions. Companies operating in the areas of health care, government contracts, and international trade should take particular note.

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