Compliance officers, listen up: when trouble of a potential criminal nature hits your company, give the U.S. Department of Justice (DOJ) a call, which wants to be your partner in fighting corporate crime.
“We will work with you,” Assistant Attorney General A. Tysen Duva, head of the DOJ’s Criminal Division, said Thursday at Compliance Week’s National Conference in Washington, DC.
Duva pointed to the DOJ’s March 10 Corporate Enforcement Policy (CEP) as an illustration of the DOJ’s new approach to the enforcement of lesser white-collar crimes. The CEP clearly shows how companies in trouble who act in good faith can avoid prosecution, he said.
“What we want are great corporate citizens, and what you want is to stay out of the crosshairs of the DOJ,” Duva said.
“We’re trying to take the guesswork out of it,” said Duva, who stepped into his DOJ job in December, after 18 years as an Assistant United States Attorney for the Middle District of Florida.
The DOJ has not pulled back from pursuing white-collar crime, especially health care, which saw record fines in 2025, according to Duva.
And even Foreign Corrupt Practices Act cases, which the DOJ paused in February 2025 and restarted last June, are a central focus of the department now.
“We’re seeing an uptick in those now,” he said.
The DOJ itself, however, is undergoing a “realigning” of resources and staff to support a new National Fraud Enforcement Division (NFED), Todd Blanche, acting U.S. Attorney General, announced in April. The impact of the NFED and its draw on DOJ resources remains to be seen.
The NFED, a project sought by President Donald Trump, will focus on fraud at government programs, such as Medicare, Medicaid, and federal food assistance programs. The NFED will be led by Colin McDonald, recently confirmed as assistant attorney general.
More may be learned soon about the NFED. Blanche had said that by mid-May, the DOJ’s Criminal Division would notify McDonald about which of their resources and attorneys should head to the NFED.
The CEP describes what actions are required to receive a Part 1 declination, a Part 2 “near miss,” resolution, or a Part 3 (not as great) resolution.
“We’re trying to clearly communicate that if you self-disclose early and you fully cooperate and remediate the issue, with a robust compliance program, and no aggravating factors, you will get a Class 1 declination,” Duva said. After determining restitution and any penalty, “that ends the story,” he said.
“We’re trying to remove the mystery,” and to build trust by being transparent and clear, Duva said.
And to show that the DOJ “is not bad and awful and they will give us a declination. That’s our goal, and it should be your goal too,” he says.
Alerting the DOJ early on may mean the difference between a quick resolution with no prosecution and a lengthier investigation and heftier fines.
“When you have something concrete enough to make the disclosure, do it. Don’t wait,” Duva said.
If you learn that your Mexican business unit is paying cartels, go to the DOJ and say “we think we have a problem,” he added. “There’s no need to wait until you find out that it happened 100 times.”
Waiting can result in losing full credit for a declination if the DOJ learns of the criminal activity through a whistleblower or social media, Duva said.
“Before you know it, you’ve been removed from voluntary disclosure,” he said.
Though some may see the DOJ’s actions as a signal to cut back on compliance, the opposite is true.
“This is the best time to have a robust compliance department. It can save your company a lot of money,” he said.
Duva says one thing to keep in mind is that “this policy doesn’t cover individuals,” and those involved in the criminal activity will be pursued for prosecution.
The DOJ is relying on compliance teams to identify problems within their organizations and disclose them early to the DOJ. That can swiftly lead to a resolution, according to Duva.
“There shouldn’t be negative consequences for the entire company because of a few bad apples,” he said. The DOJ is looking for good faith by the company, and it does have “wiggle room” to offer credit.
“Cooperation goes a long way,” he said. That means conducting an internal investigation to gather evidence, much like a trial lawyer would, Duva added. Keep in touch with the DOJ; don’t disappear for many months.
“Keep that communication and relationship thread going so your cooperation can be viewed as wholesome,” Duva said.
