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DOJ’s National Fraud Enforcement Division Announces Enforcement Priorities
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  • DOJ’s National Fraud Enforcement Division Announces Enforcement Priorities
    09/01/2026
    On August 13, 2026, Assistant Attorney General Colin M. McDonald issued a memorandum (“Memorandum”) on behalf of the Department of Justice (“DOJ”)’s National Fraud Enforcement Division (“Division”) outlining the Division’s growth plan and identifying five key enforcement priorities.  The Division, created in April 2026 as part of a broader reorganization within the DOJ, has the stated mission of prosecuting “fraud affecting the Federal government, Federally funded programs, and private citizens.”1

    Organizational Changes

    In the Memorandum, Assistant Attorney General McDonald described a reallocation of Department resources to the Division, estimating a current headcount of approximately 500 attorneys, with plans to “rapidly grow” the Division over the next two years, including through the use of “cutting-edge technology and resources” and deployment of a cross-disciplinary team of experts in data-science.2  The Division will be organized into multiple specialized sections, including those focused on public trust and financial integrity, health care, internal revenue, global trade and commerce and corporate misconduct.

    Although not discussed in the Memorandum, the DOJ’s recent rebranding of its criminal fraud section to the “white collar and corporate enforcement section,” clearly delineates the Division’s enforcement priorities from the private fraud enforcement, which will focus its portfolio on a refined class including insider trading and securities fraud enforcement.3

    Five Enforcement Priorities

    1. Public Trust and Financial Integrity.  The Division will prioritize government procurement fraud and the financial integrity of government programs, including student loans, childcare, and veterans’ benefits.  The Memorandum calls government procurement fraud a “critical priority,” particularly schemes that threaten national security and military readiness.
    2. Health Care.  The Division will target health care fraud including Medicare and Medicaid fraud, telemedicine programs, kickbacks, controlled substance diversion, and home health and hospice schemes.  The Memorandum also announced the Division’s intent to “supercharge[] the historically successful Health Care Fraud Strike Force model” and pursue companies and individuals that deceptively market unsafe products and services.
    3. Internal Revenue.  The Division will combat tax fraud spanning from individuals that make false statements on their tax returns to broader tax evasion schemes.
    4. Global Trade and Commerce.  The Memorandum states that, in conjunction with the cross-agency Trade Fraud Task Force, the Division will lead the DOJ’s coordinated criminal enforcement strategy for trade and customs violations, including sanctions evasion, and foreign forced labor schemes.
    5. Corporate Misconduct.  The Division will prioritize corporate misconduct, including fraud by businesses seeking to benefit financially from their employees’ criminal conduct.  It will work with the Corporate Enforcement Section and other corporate enforcement experts to identify and prosecute such conduct.

    ​Looking Ahead

    The Memorandum serves to formalize many of the areas of heightened priority under the current DOJ, and thus areas that carry heightened enforcement risk.  The Memorandum also signals a potential shift in how the DOJ views certain conduct; matters historically treated as administrative or civil compliance issues may increasingly present criminal fraud risk.  Companies involved in the spaces of focus by the Division should continue to assess relevant controls and consider timely voluntary disclosure, cooperation, and remedial efforts when issues arise.

    Footnotes

    1. Fact Sheet: President Donald J. Trump Establishes New Department of Justice Division for National Fraud Enforcement, THE WHITE HOUSE (Jan. 8, 2026), https://www.whitehouse.gov/fact-sheets/2026/01/fact-sheet-president-donald-j-trump-establishes-new-department-of-justice-division-for-national-fraud-enforcement/. 
    2. Memorandum from Colin M. McDonald, Assistant Attorney General to U.S. Department of Justice All Fraud Division Personnel (Aug. 13, 2026) https://www.justice.gov/opa/media/1457756/dl?inline. 
    3. Ben Penn, DOJ Renames Fraud Section Following White House Driven Shakeup, BLOOMBERG (Aug. 10, 2026) https://news.bloomberglaw.com/us-law-week/doj-renames-fraud-section-following-white-house-driven-shakeup.
    Categories: Compliance,  Criminal Enforcement,  DOJ

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