Move over, crypto: artificial intelligence (AI) is the next
frontier for the Department of Justice (DOJ). In recent public
comments, Deputy Attorney General Lisa Monaco identified the
emerging threat posed by AI as a top enforcement priority and
announced that the DOJ will begin targeting crimes "made
significantly more dangerous by the misuse of AI." To combat
this threat, Monaco indicated that federal prosecutors will be
using all means at their disposal to seek increased sentences for
defendants in these cases, similar to those obtained in cases
involving firearms.
Like the numerous criminal enforcement actions that followed the
advent of cryptocurrency and digital assets, white collar
practitioners can now expect a wave of indictments charging
AI-powered crimes led by prosecutors with a mandate to seek tough
penalties. But as Monaco recognized, it is not yet clear that
existing statutes and Sentencing Guidelines enhancements will
provide the DOJ with the tools
