Changes in administrations can and often do result in changes in priorities across government agencies. The U.S. Department of Justice (DOJ) certainly is not immune to such changes, which can be implemented through directives or more often through the allocation of resources.

When the Biden Administration takes over next month, we expect that the Biden DOJ will prioritize certain white-collar areas like environmental crimes and financial fraud that were not enforcement focuses of the Trump Administration. Likewise, we expect that the Biden DOJ will de-prioritize certain enforcement priorities of the Trump Administration, namely immigration offenses. At the same time, the Biden DOJ is expected to continue active enforcement in certain areas that track existing priorities of the Trump DOJ, such as FCPA violations, health care fraud, and stimulus/pandemic fraud.

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