The Supreme Court of the United States' decision last week in Esteras v. United States1 restricted the factors lower courts may consider in imposing prison sentences following supervised release revocations. Those awaiting the Court's decision vigorously deliberated the extent to which the Court would constrain district judges' ability to sentence supervised release offenders based on past bad behavior, rather than on "forward-looking" factors. With Esteras decided, the practical impact on individual defendants—in the white-collar crime context and elsewhere—is [...]

On May 12, 2025, Matthew Galeotti, the Head of the U.S. Department of Justice's Criminal Division, sent a memo to all criminal division personnel highlighting the focus areas of the division for white-collar crime. The memo included a list of "high-impact areas" that the division will prioritize investigating and prosecuting. Trade and customs fraud, including tariff evasion, was second on the list. The DOJ also revised its Corporate Whistleblower Awards Pilot Program and added "trade, tariff, and customs [...]

On May 9, 2025, President Trump issued Executive Order No. 14294, "Fighting Overcriminalization in Federal Regulations" (EO), which reinforces the administration's deregulatory agenda. While sweeping in scope, the EO has immediate and concrete implications for companies facing potential criminal exposure under federal environmental laws. The practical result may be fewer but more severe environmental prosecutions, centered on egregious, intentional misconduct. Focusing on Intent The EO declares that "criminal enforcement of criminal regulatory violations is disfavored." [...]