Morgan Lewis partners Sandra Moser and Kenneth Polite authored a Law360 article about what a Biden administration will likely mean for white collar enforcement actions under the US Department of Justice (DOJ). In the piece, they discussed an expected focus on investigations related to stimulus fund fraud and other pandemic-related misconduct like price gouging, enhanced scrutiny by the US Securities and Exchange Commission and DOJ on industries that have been hit hard by the pandemic, and the revival of a nearly dormant Civil Rights Division of the DOJ, which the Trump administration deprioritized.
They also discussed existing formalized initiatives, including the FCPA corporate enforcement policy, the evaluation of corporate compliance programs, and the "anti-piling on" policy, which are expected to continue to provide a degree of transparency and consistency in the investigation and negotiation process.