In this episode, Lisa and Ellen speak with Leigha Simonton and Jennifer Beidel, former prosecutors and now partners at Dykema Gossett. They discuss the changes in the U.S. Department of Justice, focusing on the National Fraud Enforcement Division and shifts in enforcement priorities.

They discuss the spotlight on fraud involving federal funds, especially in healthcare, PPP loans, and other government programs. They discuss the new structure of the criminal fraud division and how that may change the government’s approach to prosecuting cases. At the same time, they also note that many experienced prosecutors and agents have left the DOJ, creating a gap between stated priorities and capacity and expertise.

Leigha and Jennifer also provide practical guidance for ethics and compliance professionals.  They confirm that a risk assessment is critical and that any company that received federal funds, such as PPP loans, should remain vigilant for possible exposure under the current enforcement trends.

Even with these changes, they reiterate that effective, well-tested compliance programs do matter if the U.S. government is considering (or engaging in) prosecution. A proactive program—not the tick-the-box type—demonstrates implementation and remediation, increasing the likelihood of a declination.

This is a great episode for those of us trying to understand the US DOJ’s current enforcement landscape amid uncertainty.