DOJ Deputy Attorney General’s Keynote Address at ACI Conference – Key Takeaways

At the American Conference Institute’s 42nd Annual Conference on FCPA and Global Anti-Corruption held on December 4, 2025 in Washington, DC, Deputy Attorney General Todd Blanche addressed white collar corporate enforcement principles in a keynote address. He previewed that, in the coming weeks, the US Department of Justice will issue a single department-wide corporate enforcement policy.

In his remarks, the Deputy Attorney General (DAG) Blanche offered the usual caveat that the Department of Justice’s (DOJ) enforcement policies serve as internal guidance provided to prosecutors, and it should be expected that the forthcoming corporate enforcement policy will include a similar caveat that it does not create rights or obligations.

Nevertheless, recognizing the practical importance of such guidance to companies seeking to avoid, fight, or resolve DOJ investigations, the DAG’s remarks include several takeaways relevant to corporations and their counsel, depending on the facts and circumstances of the particular investigation.

FIVE PRINCIPLES GUIDING WHITE-COLLAR CORPORATE ENFORCEMENT

The DAG opened his remarks by stating that “robust, fair, and principled white-collar enforcement remains a top priority” of the DOJ, but that “enforcement must be done the right way.” To that end, the DAG identified five principles that guide the DOJ’s current work in determining which cases to pursue against corporations and deciding how to resolve investigations:

1. The DOJ’s primary goal is individual accountability. The DAG emphasized that “companies do not go to jail—people do.”
2. The DOJ will not pursue corporate criminal resolutions without admissible evidence to prove a case beyond a reasonable doubt. The DAG stated that DOJ will not use the threat of indictment to force corporate resolutions on the basis of charges that the DOJ does not believe it can prove in court.
3. Cooperation matters. According to the DAG, the DOJ will continue to reward cooperation in corporate resolutions. The DAG commented that companies that “go the extra mile,” voluntarily self-report misconduct, produce evidence abroad, and provide information that otherwise would be difficult to obtain will receive “meaningful credit,” whereas companies that choose not to cooperate or only provide surface-level assistance should not expect the same treatment.
4. Investigations must be efficient and disciplined. The DAG stated that the DOJ will not allow matters to drift indefinitely, acknowledging that doing so can have detrimental effects on innovation and employees.
5. Significant decisions require a fair and orderly process. The DAG asked that company counsel first raise issues with line prosecutors, then work their way up the DOJ chain of command.

RECALIBRATION OF CORPORATE MONITORSHIPS

The DAG stated that monitors will be used only when warranted, when the benefits to compliance and deterrence outweigh what can be achieved from companies’ own efforts and oversight by the DOJ. Where a monitorship is merited, an upfront budget and fee cap will be put in place, based on input from the company.

FOCUS ON THE FCPA: CONSIDERATION OF FOREIGN COUNTRIES’ INTERESTS

The DAG stated that the DOJ intends to enforce the Foreign Corrupt Practices Act fairly, firmly, and within the bounds of reason. He added that the DOJ will not tolerate corrupt behavior whether the actor is an individual or a corporation and regardless of nationality.

At the same time, the DAG said, the DOJ will not stretch the statute beyond fairness, adding that de minimis courtesies and low-value customer practice should not be the focus. Further, where a bribery scheme lacks a meaningful connection to the United States and may be more appropriately addressed abroad, the DOJ may decline to intervene.

EMPHASIS OF THE DOJ’S FOCUS ON TRADE FRAUD

Consistent with the DOJ’s remarks the previous day regarding criminal prosecutions for tariff evasion, the DAG characterized trade fraud as an area long underenforced from the DOJ’s perspective. The DAG stated that the DOJ is charging trade fraud schemes for companies and individuals alike and will keep doing so. Refer to our prior LawFlash regarding the remarks on December 3, 2025 about trade fraud prosecutions and the Trade Fraud Task Force for more information.

SOON TO COME: UPDATED CORPORATE ENFORCEMENT POLICY

The DAG stated that, in the coming weeks, the DOJ will issue a single corporate enforcement policy that applies to criminal cases across the DOJ. The core tenets will be incentivizing good corporate conduct (for example, self-disclosure and cooperation); ensuring individual accountability; and applying the evidence-based approach related to corporate enforcement to individuals.

HOW WE CAN HELP

Our white-collar practice regularly advises companies across myriad industries facing potential or actual DOJ (and other regulatory) investigations. With a deep bench, including former DOJ and state prosecutors, as well as regulators and counsel with decades of experience helping companies respond to investigations, our global team stands ready to assist as needed, whether as zealous advocates or honest brokers.

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