The Department of Justice (DOJ) has announced a sweeping recalibration of its white-collar enforcement priorities that places trade, tariff, and customs fraud—along with corporate violations of federal immigration law—squarely in the agency’s sights. In a May 12, 2025, memorandum, DOJ Criminal Division’s head Matthew R. Galeotti emphasized that schemes “that seek to circumvent the rules and regulations that protect American consumers and undermine the Administration’s efforts to create jobs[1]” will receive heightened attention.
Then on August 29, 2025, DOJ partnered with the Department of Homeland Security to launch a Trade Fraud Task Force dedicated to aggressively pursuing importers and others who evade duties or smuggle prohibited goods. Together, these initiatives signal a clear shift: companies that move goods across U.S. borders or that employ foreign labor now face a significantly increased risk of criminal investigation and parallel civil or administrative actions.
Investigations of Trade, Tariff, and Customs Fraud
Although customs misclassifications, undervaluations, and false country-of-origin claims have long been subject to civil—and sometimes criminal—enforcement, DOJ is now treating these matters as core white-collar crimes. The Criminal Division’s updated priorities direct prosecutors to “prioritize investigating and prosecuting trade and customs fraud, including tariff evasion,” and to seek forfeiture of ill-gotten gains whenever possible. At the same time, the newly formed Trade Fraud Task Force has pledged to wield the full arsenal of criminal statutes—conspiracy, smuggling, wire fraud, and the False Claims Act—while coordinating closely with U.S. Customs and Border Protection and Homeland Security Investigations. Companies that assumed trade-related violations would be resolved through administrative penalties or civil settlements should reassess that calculus immediately.
Corporate Whistleblower Incentive Program
Compounding the exposure, DOJ has expanded its Corporate Whistleblower Awards Pilot Program to include “trade, tariff, and customs fraud by corporations” as a covered subject area. Whistleblowers whose tips lead to criminal forfeitures may be eligible for monetary awards, dramatically amplifying incentives for insiders, competitors, and third-party logistics providers to report suspected misconduct. Experience shows that whistleblower-initiated investigations often progress rapidly, leaving companies with limited time to gather facts or secure self-reporting credit once DOJ has opened a case.
Corporate Immigration Violations Enforcement
Separately but of equal importance, the DOJ has expressly announced it will aggressively target “violations by corporations of federal immigration law.” This includes the unlawful employment of foreign nationals, circumvention of certain visa requirements, or otherwise exploitation of the immigration system for competitive advantage. By placing immigration offenses in the same enforcement bucket as sanctions evasion and money laundering, DOJ has elevated potential penalties and made immigration compliance a front-burner issue for small and large businesses in a wide range of industries such as agriculture, manufacturing, construction, energy, healthcare, and hospitality. As Jackson Walker Partner Sang Shin explained in a recent article about the immigration raid at the Hyundai-LG battery plant in Georgia, employers should expect closer review of sponsorship practices, Form I-9 programs and processes, and third-party staffing arrangements. But frankly, any business that relies heavily on a predominantly blue-collar workforce should expect increased scrutiny and possible federal enforcement and investigative actions.
The new enforcement landscape highlights the importance of being prepared for a range of potential government investigations. Regardless of the type of inquiry, companies should have a plan in place to respond effectively to any law enforcement action, whether it involves a subpoena, civil investigative demand, notice of inspection, warrant, or other federal investigative tool. Consulting with legal counsel about how to prepare for and respond to such investigations is a critical step in ensuring that the business is ready to address any issues that may arise.
[1]—Memorandum from Department of Justice Head of the Criminal Division Matthew R. Galeotti
The opinions expressed are those of the authors and do not necessarily reflect the views of the firm, its clients, or any of their respective affiliates. This article is for informational purposes only and does not constitute legal advice. For questions related to these cases, please contact a member of the Investigations & White Collar Defense practice.
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