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ARTICLE · 05 OCTOBER 2026

DOJ Issues Corporate Enforcement Directive

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The Department of Justice's National Fraud Enforcement Division has issued new corporate enforcement guidance establishing four priority investigation areas and mandating heightened scrutiny of fraud schemes affecting government programs and taxpayer funds. Companies operating in healthcare, government contracting, revenue collection, and international trade sectors face increased enforcement activity as prosecutors must now report corporate investigations to a centralized Corporate Enforcement Section and

United StatesCriminal Law
Rushmi Bhaskaran
Rushmi Bhaskaran
Celia Cohen
Celia Cohen
Kelly A. Lenahan-Pfahler
Kelly A. Lenahan-Pfahler
Wilson Smerconish
Wilson Smerconish
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Summary

On October 1, 2026, Assistant Attorney General Colin M. McDonald of the Department of Justice (DOJ) National Fraud Enforcement pision issued Directive 26-12 on corporate enforcement. The directive identifies four priority areas and instructs prosecutors to give “great weight” to a non-exhaustive list of factors in determining whether to bring charges and in negotiating plea or other agreements. It also directs prosecutors to follow and implement the Department-wide Corporate Enforcement and Voluntary Self-Disclosure Policy (CEP) and describes the role of the Corporate Enforcement Section.

The Upshot

Though the directive is consistent with current DOJ policy, several provisions merit attention:

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