Biden Appointees Suggest Uptick in Federal Fraud Prosecutions

The Federal Docket

March 22, 2021

In a recent opinion piece in The Hill, former Deputy AG Rod Rosenstein and Scott Hiers describe emerging trends that suggest the federal government will take a more aggressive approach in investigating and prosecuting fraud cases. The op-ed focuses on several of President Biden’s nominees to the Department of Justice, such as Attorney General Merrick Garland. AG Garland testified at his confirmation hearing that he was committed to aggressive enforcement of the Foreign Corrupt Practices Act and other anticorruption laws. Lisa Monaco, who has been nominated to Rosenstein’s old job, has focused on consumer protection and environmental degradation.

The article also covers the multi-decade trends regarding fraud prosecutions and how such prosecutions declined sharply in the years since Obama and Trump came into office. The article also discusses how more fraud cases may be handled by the criminal fraud section of the DOJ in addition to the US Attorney’s Offices, especially those involving complex or “high priority” matters.

Another development indicating that fraud prosecutions will increase is the newly-passed COVID-19 relief bill. We are already seeing a steady stream of fraud cases arising from the Paycheck Protection Program, a government program that allows individuals to receive forgivable loans based on their business expenses. These cases alone may keep prosecutors busy for the next few years.

Click here to read the entire article on The Hill.

Tom Church - Tom is a trial and appellate lawyer focusing on criminal defense and civil trials. Tom is the author of "The Federal Docket" and is a contributor to Mercer Law Review's Annual Survey in the areas of federal sentencing guidelines and criminal law. Tom graduated with honors from the University of Georgia Law School where he served as a research assistant to the faculty in the areas of constitutional law and civil rights litigation. Read Tom's reviews on AVVO. Follow Tom on Linkedin.

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