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THE LATEST ON GOVERNMENT INQUIRIES AND ENFORCEMENT ACTIONS

Government Investigations and White Collar Litigation Group

McGuireWoods LLP

At McGuireWoods, we deliver quality work, personalized service and exceptional value. We use technology to provide efficient legal solutions and employ a diverse workforce to bring real-world and innovative perspectives to meeting our clients’ needs. With more than 1,000 lawyers and 21 strategically located offices worldwide, McGuireWoods uses client-focused teams to serve public, private, government and nonprofit clients from many industries, including automotive, energy resources, healthcare, technology and transportation.

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Monitor Upcoming Negotiations of Education Department’s AIM Committee to Inform Public Comments on Accreditation Amendments

By TW Bruno, Hannah Gourdie and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends
Stakeholders negotiating sweeping amendments to federal accreditation regulations proposed by the U.S. Department of Education (ED) will begin their final session to achieve consensus on May 18, 2026. A week-long effort in April revealed deep divisions among negotiators on the Accreditation, Innovation, and Modernization (AIM) Committee of the ED. Debates broke out over the ED’s… Continue Reading

SEC Enforcement Speaks in 2026: Enforcement Division Moves “Full Steam Ahead” with Focus on Quality over Quantity, Procedural Fairness, and Targeted Pursuit of Non-Fraud Violations

By E. Andrew Southerling, Gary Leung, James Hornsby, Louis D. Greenstein and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends
SEC Acting Enforcement Director Sam Waldon declared recently that his division is moving “full steam ahead” against those who “lie, cheat, and steal” but also is focusing on quality over quantity. He rejected traditional metrics — case counts, penalty totals and aggregate dollar amounts — as effective measures of the SEC’s enforcement program. At the… Continue Reading

New Executive Order Targets DEI Practices by Federal Contractors, Imposes Mandatory Contract Clause and FCA Liability

By Edwin O. Childs, Abram J. Pafford, Jack White, John Adams, Elissa Baur, Brett Barnett, Michael J. Podberesky, David Greenspan, John E. Thomas, Jr., William Doyle, Elena Marcuss, Michael R. Phillips, Jason M. Vespoli, John Sullivan, Sophie Marsh and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts
Continuing his Administration’s efforts to eliminate diversity, equity, and inclusion (DEI) activities, President Donald Trump signed an executive order, “Addressing DEI Discrimination by Federal Contractors,” on March 26, 2026 that directs all executive departments and agencies to include a new clause in all federal contracts and subcontracts prohibiting what the order defines as “racially discriminatory… Continue Reading

When AI Isn’t Privileged, Confirmed: SDNY’s Written Opinion Elaborates on Confidentiality, Work Product, and Waiver

By Garen S. Marshall, David Hirsch, Aaron R. Marienthal, Jeffrey P. Ehrlich, Alice Moscicki and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Securities and Commodities
On February 10, 2026, U.S. District Judge Jed Rakoff of the Southern District of New York issued a bench ruling holding that a defendant’s use of generative AI to analyze legal exposure is not protected under attorney-client privilege or the work product doctrine. See When AI Isn’t Privileged: SDNY Rules Generative AI Documents Not Protected. On… Continue Reading

DoW Announces Line-by-Line Review of Certain 8(a) Contracts Amid Government-wide Scrutiny of the 8(a) Program

By Edwin O. Childs, Brett Barnett, Michael J. Podberesky, Abram J. Pafford, John Adams, Jack White, Elissa Baur, Benjamin L. Hatch, Michael Scoville, John S. Moran, Jason M. Vespoli and McGuireWoods LLP on Government Contracts
On January 16, 2026, the Secretary of War Pete Hegseth posted a video on social media announcing that the Department of War will conduct a “line‑by‑line review of every small business, sole source, 8(a) contract that is over $20 million,” focusing on impermissible pass‑throughs to large businesses.  This action by the DoW aligns with broader… Continue Reading

FinCEN Hits Pause: AML Rule for Investment Advisers Delayed

By Jeffrey M. Hanna, Jackie Wells, Chelsea Smith Press and McGuireWoods LLP on Anti-Money Laundering
In a move to balance regulatory efficiency and cost, the U.S. Department of the Treasury’s Financial Crimes Enforcement Network (“FinCEN”) officially announced on July 21, 2025, that it will postpone the effective date, from January 1, 2026, to January 1, 2028, of the Investment Adviser Anti-Money Laundering Rule (“IA AML Rule”), see Anti-Money Laundering/Countering the Financing of Terrorism Program… Continue Reading

DOJ’s Antitrust Division Announces New Whistleblower Rewards Program

By J. Brent Justus, Holden Brooks, Nicholas J. Giles, Casey Erin Lucier, Christopher Karamanos and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends
Earlier this week, the Justice Department’s Antitrust Division announced that, for the first time ever, it will offer rewards to individuals who report antitrust crimes and related offenses. Partnering with the United States Postal Service, the Antitrust Division now invites individuals with original and specific information about antitrust crimes to voluntarily report that information and,… Continue Reading

Order Limiting Strict Liability Has Implications on FDCA Enforcement for Companies, Individuals

By Eric Olshan, Mindy Sauter, James Hornsby and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims
On May 9, 2025, President Trump signed an Executive Order titled “Fighting Overcriminalization in Federal Regulations.” The Order seeks to reduce the regulatory burden on Americans and prevent individuals from being criminally penalized for unknowingly violating complex regulations.  In pursuit of these goals, the Order sets forth a policy “generally disfavor[ing]” strict liability crimes.  Agencies… Continue Reading

Healthcare Fraud Enforcement in a Second Trump Administration: Trends, Priorities, and Implications

By Mindy Sauter, Michael Elliott, Garen S. Marshall, Justin Givens, Michael J. Podberesky, Rhea Shahane and McGuireWoods LLP on Fraud, Deception and False Claims
On May 12, 2025, the United States Department of Justice’s (“DOJ”) Criminal Division released a major policy memorandum outlining its enforcement priorities for the upcoming year. Unsurprisingly, the number one priority for the Division was investigating and prosecuting white-collar crimes related to waste, fraud, and abuse—and particularly healthcare fraud. This emphasis on prosecuting healthcare fraud… Continue Reading

FDA to Expand Unannounced Inspections of Foreign Facilities — Manufacturers, Research Firms Should Prepare

By Mindy Sauter, Michael F. Easley, Jr., Rhea Shahane and McGuireWoods LLP on Compliance
On May 6, 2025, the U.S. Food and Drug Administration (FDA) announced a plan to expand its use of unannounced inspections of foreign manufacturing facilities that produce foods, essential medicines and other medical products intended for American consumers and patients. The FDA stated that this new inspection strategy will ensure that foreign manufacturers receive the… Continue Reading

DOJ Announces Initiative to Use False Claims Act to Investigate DEI Practices

By Edwin O. Childs, Farnaz Farkish Thompson, Jack White, Michael J. Podberesky, Brett Barnett, John S. Moran, Steven McCool, John Sullivan, Jason M. Vespoli and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Fraud, Deception and False Claims, Government Contracts
On May 19, 2025, the U.S. Department of Justice’s (DOJ) Deputy Attorney General announced its new Civil Rights Fraud Initiative, which aims to use the False Claims Act (FCA) to investigate and pursue claims against entities that tolerate antisemitism, allow men to enter women’s spaces or compete in female athletic competitions, or engage in unlawful… Continue Reading

Practical Tips for Companies Following President Trump’s Pause on FCPA Enforcement

By Caroline Schmidt Burton, Justin Givens, Alex J. Brackett, V. Kathleen Dougherty, Jason H. Cowley, John S. Moran, Roy Dixon III and McGuireWoods LLP on Anti-Bribery and Corruption
Since the President signed the February 10, 2025 Executive Order (Order) pausing enforcement of the Foreign Corrupt Practices Act (FCPA) (Client Alert: President Trump issues Executive Order “Pausing Foreign Corrupt Practices Act Enforcement to Further American Economic and National Security”), companies with cross-border business operations have likely faced questions from both internal and external stakeholders… Continue Reading

Supreme Court Holds That SEC Must Seek Civil Penalties in Federal Court

By E. Andrew Southerling, John S. Moran, Louis D. Greenstein and McGuireWoods LLP on Enforcement and Prosecution Policy and Trends
In SEC v. Jarkesy, No. 22-859, 603 U.S. __ (2024), the Supreme Court held that the Seventh Amendment prohibits the Securities and Exchange Commission (SEC or Commission) from seeking civil penalties in certain enforcement actions when the Commission chooses to proceed in-house before its own administrative law judges (ALJs), rather than in federal court. In… Continue Reading

U.S. Supreme Court Clarifies DOJ’s Authority to Dismiss Whistleblowers’ False Claims Act Suits, Questions Constitutionality of Qui Tam Provisions

By Edwin O. Childs, Michael J. Podberesky, Gretchen Heinze Townshend, Charles Wm. McIntyre, Jason M. Vespoli and McGuireWoods LLP on Fraud, Deception and False Claims
The U.S. Supreme Court recently resolved a circuit split by holding that, in a False Claims Act action, (1) the government may seek dismissal of a qui tam case in which the government initially declined to intervene over the relator’s objection so long as it later intervened in the litigation, and (2) district courts should… Continue Reading

Supreme Court Clarifies the False Claims Act’s Knowledge Requirement, Eliminating a Potential Defense for Government Contractors and Healthcare Providers Accused of Fraud

By Michael J. Podberesky, Edwin O. Childs, Gretchen Heinze Townshend, Brett Barnett and McGuireWoods LLP on Fraud, Deception and False Claims, Government Contracts
On June 1, 2023, the Supreme Court unanimously ruled in favor of whistleblower plaintiffs (referred to as “relators”) in consolidated False Claims Act (“FCA”) cases in a decision that clarified the application of the FCA’s knowledge requirement.  In United States ex rel. Schutte v. SuperValu Inc., the Court held that the FCA reaches defendants who… Continue Reading

Supreme Court to Review When DOJ May Dismiss Relator Suits

By Nicholas J. Giles, Caroline Schmidt Burton, Joshua Wade and McGuireWoods LLP on Fraud, Deception and False Claims
Last month, the Supreme Court granted certiorari in United States ex rel. Polansky v. Executive Health Resources, Inc., a case presenting the question whether the federal government forfeits the authority to dismiss False Claims Act (FCA) suits brought in its name if it first declines to intervene in them. Continue reading our commentary on The FCA Insider.… Continue Reading

DOJ Ramps up Resources and Renews Focus on Combatting COVID-19 Related Fraud in 2022

By McGuireWoods LLP on Fraud, Deception and False Claims
On March 10, 2022, the U.S. Department of Justice (DOJ) announced the appointment of Associate Deputy Attorney General Kevin Chambers to serve as the Director for DOJ’s COVID-19 Fraud Enforcement Task Force. In remarks delivered at the American Bar Association’s 37th National Institute on White Collar Crime earlier this month, U.S. Attorney General Merrick Garland… Continue Reading

D.C. Circuit Rebukes CFPB in PHH Case

By McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Financial Institution Regulation
In a major setback for the Consumer Financial Protection Bureau (“CFPB”), the D.C. Circuit issued a significant ruling today that found the CFPB’s single director structure unconstitutional, ruled against the CFPB on important statutory interpretations – including the Bureau’s position that it was not subject to any statute of limitations in enforcement proceedings – and… Continue Reading

Proposed New Legislation Would Extend CFPB Oversight Over SCRA

By McGuireWoods LLP on Financial Institution Regulation
On June 11, 2015, Sen. Jack Reed [D-RI] introduced a bill amending the Consumer Financial Protection Act to extend CFPB oversight and protection to include key provisions of the Servicemembers Civil Relief Act (SCRA).  The SCRA provides an array of protections to members of the military, including postponing civil obligations so that servicemembers can better fulfill… Continue Reading

National Mortgage Servicer Pays CFPB and FTC $63 Million to Settle Claims Over Alleged Servicing Violations

By McGuireWoods LLP on Enforcement and Prosecution Policy and Trends, Financial Institution Regulation
 On April 21, 2015, the Consumer Financial Protection Bureau (CFPB) and the Federal Trade Commission (FTC) announced a joint enforcement action and joint order with a national mortgage servicer. The CFPB and FTC alleged that the servicer failed to honor loan modifications transferred from other servicers and insisted that borrowers pay their original, higher monthly… Continue Reading

CFPB Issues Sweeping Proposal to Regulate Prepaid Financial Products

By McGuireWoods LLP on Financial Institution Regulation
On November 13, 2014, the CFPB proposed expansive federal regulations establishing requirements for prepaid financial products. The proposed regulations cover “traditional” prepaid cards that can be loaded with money and used to store funds, make payments, withdraw cash, receive direct deposits, and send funds to others. According to the CFPB , consumers are expected to… Continue Reading

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