How the Trump Administration is Reshaping White Collar Enforcement: A Recap of Year to Date

Today’s episode is based on a recap of DOJ developments between January 2025 and August 2025, and is part of our content series, “Beyond the Headlines: Navigating Change in the Federal Government.” For more information on how developments at the federal level could affect you and your business, check out the links below.

Read the article

• Recapping the DOJ’s Evolving Policies on Corporate Enforcement and Compliance

Federal Government Content Hub

• Beyond the Headlines: Navigating Change in the Federal Government

About the authors

• Joe D. Whitley
• Luke Cass

Transcript

Welcome to Womble Perspectives, where we explore a wide range of topics, from the latest legal updates to industry trends to the business of law. Our team of lawyers, professionals and occasional outside guests will take you through the most pressing issues facing businesses today and provide practical and actionable advice to help you navigate the ever changing legal landscape.

With a focus on innovation, collaboration and client service. We are committed to delivering exceptional value to our clients and to the communities we serve. And now our latest episode.

Today’s episode is based on a recap of DOJ developments between January 2025 and August 2025, and is part of our content series, “Beyond the Headlines: Navigating Change in the Federal Government.” For more information on how developments at the federal level could affect you and your business, be sure to check out the links in the show notes.

When President Donald Trump returned to office in January 2025, alongside Attorney General Pam Bondi, the Department of Justice signaled a clear pivot: less burden on businesses, more focus on strategic enforcement. A DOJ memo released in May made it plain—overly aggressive corporate investigations, they argued, hurt U.S. interests. Not every instance of corporate misconduct, they said, warrants criminal prosecution.

But make no mistake—this isn’t a free pass. The DOJ still has enforcement priorities, and businesses need to pay attention.

Some of these priorities are familiar: health care fraud, securities fraud, and market manipulation. But others reflect new concerns, including trade fraud, complex money laundering tied to drug trafficking, and threats to financial institutions that touch on national security.

And the DOJ isn’t just talking. In June 2025, it executed the largest health care fraud takedown in its history—charging 324 defendants in a $15 billion scheme.

Now let’s talk about voluntary self-disclosure. The DOJ has sweetened the deal. If a company voluntarily comes forward, cooperates fully, remediates appropriately, and has no major aggravating factors, there’s now a guaranteed path to declination. That’s a step beyond the previous administration’s “presumption” of declination, which still left room for prosecutorial discretion.

Even companies with aggravating circumstances may still benefit. The DOJ says it will weigh the severity of those issues against the company’s cooperation and remediation efforts. That could mean a non-prosecution agreement, a 75% reduction in fines, and no requirement for a corporate monitor—even if the disclosure isn’t timely or the DOJ already knows about the misconduct.

Speaking of monitorships, those are now more limited. The DOJ will only impose them when absolutely necessary—like when a company clearly lacks the ability to implement an effective compliance program on its own. New guidelines require that monitorships be narrowly tailored to address specific risks and avoid unnecessary costs.

Prosecutors will consider factors like:

• The seriousness and recurrence risk of the misconduct,
• Existing regulatory oversight,
• The strength of the company’s compliance program,
• And the maturity of its internal controls.

One surprise? The DOJ’s whistleblower programs remain intact. In fact, the Antitrust Division has launched its own whistleblower initiative targeting antitrust violations.

And finally, keep an eye on the False Claims Act. Though it’s a civil statute, it packs a punch—allowing for treble damages and whistleblower rewards. The DOJ’s Civil Division has signaled plans to use it more aggressively, including for civil rights violations and international trade issues like customs fraud and tariff evasion.

So what’s the takeaway? The Trump Administration’s DOJ is dialing back broad enforcement but doubling down on targeted priorities. For businesses, that means less red tape—but also a clear need to stay vigilant, especially in high-risk areas.

Thank you for listening to Womble Perspectives. If you want to learn more about the topics discussed in this episode, please visit The Show Notes, where you can find links to related resources mentioned today. The Show Notes also have more information about our attorneys who provided today's insights, including ways to reach out to them.

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