A Look Ahead Into Corporate Enforcement In The Biden Administration

Just one year after President Biden's election, senior administration officials have signaled in public remarks that the federal government will amplify enforcement pressure on corporations and their employees through increased investigatory rigor and more severe penalties, particularly for repeat offenders and companies in highly regulated industries. Recent pronouncements from senior enforcement officials within the Administration have also provided insight into key areas of focus and important policy initiatives, including: 

• The Department of Justice's (DOJ) intention to "surge resources for corporate enforcement";
• Revisions to DOJ practices and policies associated with corporate criminal enforcement cases relating to (1) enhanced corporate cooperation expectations; (2) significant attention in charging decisions to prior corporate misconduct, including regulatory and civil resolutions in addition to criminal history; and (3) a renewed interest in imposing