Move over, crypto: artificial intelligence (AI) is the next frontier for the Department of Justice (DOJ). In recent public comments, Deputy Attorney General Lisa Monaco identified the emerging threat posed by AI as a top enforcement priority and announced that the DOJ will begin targeting crimes “made significantly more dangerous by the misuse of AI.” To combat this threat, Monaco indicated that federal prosecutors will be using all means at their disposal to seek increased sentences for defendants in these cases, similar to those obtained in cases involving firearms.

Like the numerous criminal enforcement actions that followed the advent of cryptocurrency and digital assets, white collar practitioners can now expect a wave of indictments charging AI-powered crimes led by prosecutors with a mandate to seek tough penalties. But as Monaco recognized, it is not yet clear that existing statutes and Sentencing Guidelines enhancements will provide the DOJ with the tools they need to obtain the increased sentences they seek.

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