In an article for Law360, Keker attorneys Brook Dooley, Cody Gray, and Kayla Crowell say Trump's campaign promises, paired with policy blueprints like Project 2025, indicate Trump will pursue significant shifts in the U.S. Department of Justice (DOJ) under his second term.
The analysis focuses on the factors bearing on Trump’s ability to affect the U.S. Department of Justice’s day-to-day operations and then they preview for white-collar practitioners some of the administration’s likely enforcement priorities.
Expected Impact on Day-to-Day Practice
They describe Trump’s expected impact on the DOJ’s day-to-day practice, including curtailing the department’s independence, closing cases in which he is a defendant, and prioritizing legal actions against political opponents and undocumented immigrants. The authors describe a number of institutional factors that may limit Trump’s sweeping changes, including career prosecutors and line attorneys, who are typically responsible for most of the department’s decisions, and who tend to adhere to the department’s mission and established traditions.
Expected Downturns in White Collar Enforcement
The authors also describe where they expect downturns in white-collar enforcement. For example, they say white-collar crime enforcement is expected to decline with the administration shifting focus to priorities that include immigration and violent crime.
“At a high level, white collar and corporate criminal enforcement will likely be a lower priority for this administration. Trump campaigned on a promise to ratchet up the prosecution of those suspected of violating the nation's immigration laws, and there is little reason to doubt that he will fulfill this campaign promise and make such prosecutions a priority in the next DOJ,” the authors wrote.
They also expect reduced prosecution and enforcement of cryptocurrency and environmental, social, and governance (ESG) issues
Expected Upturns in White Collar Enforcement
Finally, the authors describe areas where they expect upturns in white-collar enforcement, including traditional financial crimes, such as fraud and insider trading, while shifting focus away from investigations of large financial institutions.
The authors say priorities will include enforcing trade violations and export controls as part of a protectionist trade agenda and bolstering sanctions against countries like China, Iran, Venezuela, and Cuba. They expect programs like the "China Initiative" may be reinstated, potentially increasing prosecutions of Chinese and Iranian nationals for trade theft and economic espionage. They also anticipate that enforcement of the Foreign Corrupt Practices Act and anti-money laundering laws is likely to remain strong, reflecting a broader alignment with national security and foreign policy objectives.
Read the full article here.