Volkov – On October 1, 2026, Assistant Attorney General Colin McDonald issued Directive 26-12 to all personnel of the Department of Justice’s National Fraud Enforcement Division. The five-page memorandum, titled “Corporate Enforcement in the Fight Against Fraud,” is addressed to prosecutors, but compliance officers and general counsel should read it as if it were addressed to them. It identifies the fraud schemes that will receive priority, lists ten factors that prosecutors must weigh heavily when deciding whether to charge a company, creates a central role for a Corporate Enforcement Section, and orders the design of new whistleblower incentive programs.

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