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Michael A. Schwartz

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Mike heads the firm’s White Collar + Government Investigations Practice Group, and advises clients on criminal defense, False Claims Act and Foreign Corrupt Practices Act matters, internal corporate investigations, corporate compliance programs, corporate monitorships, and First Amendment matters.

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On May 19, 2025, the U.S. Department of Justice (DOJ) announced the launch of a Civil Rights Fraud Initiative, which will use the False Claims Act (FCA) as a basis for investigating the diversity, equity, and inclusion (DEI) practices of recipients of federal funds, including colleges and universities who receive Title IV student financial aid and research grants. Calling out academic institutions specifically, the Civil Rights Fraud Initiative will invoke the FCA “against those who defraud the United States by taking its money while knowingly violating civil rights laws.”

On May 12, 2025, the Head of the Criminal Division (the Criminal Division or Division) at the Department of Justice (DOJ), Matthew R. Galeotti, issued key memoranda to Criminal Division personnel on the Division’s new priorities and policies for prosecuting corporate and white-collar crimes and for the imposition of monitorships. On the same day, the Criminal Division also issued a revised Corporate Enforcement and Voluntary Self-Disclosure Policy and long-awaited updates to the Corporate Whistleblower Awards Pilot Program. As expected, the Criminal Division’s position is consistent with prior memoranda issued by U.S. Attorney General (AG) Pam Bondi and the new Administration, which we previously discussed here.

On April 25, Attorney General (AG) Pam Bondi issued an internal memorandum to Department of Justice (DOJ) employees, changing the DOJ’s policy on obtaining information from, or records of, members of the news media. Under this new policy, the DOJ will again use compulsory legal process, such as subpoenas, court orders, and search warrants, to compel the production of information from the news media, including when investigating government leaks.

With the Trump administration’s new tariffs, some companies may be looking for ways to compensate for increased costs of imports. Companies operating in the international supply chain must be aware that any attempts to circumvent heightened duties may draw unwanted attention from the Department of Justice (DOJ) and/or whistleblowers through False Claims Act (FCA) enforcement. A recent complaint the DOJ filed in the Eastern District of California demonstrates how the DOJ and/or whistleblowers can use the FCA to pursue customs fraud.