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Law360
Over the past six months, the Trump administration has charted a new course in white collar enforcement, one that claims to prioritize U.S. interests, eliminating transnational cartels and cutting government fraud, waste and abuse.
But uncertainty lingers around the future of some major enforcement areas, including foreign bribery, public corruption and crypto.
White collar lawyers and their clients also are watching how another push from the government to incentivize voluntary self-disclosure of corporate wrongdoing will play out in the coming months.
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Ripple effects from the White House's ramped-up clemency actions are moving quickly though the white collar bar, with lawyers telling Law360 that the chances a client might secure a pardon or commutation are weighing more heavily now than ever before on how they approach the government and craft defense strategies.
"It's absolutely become part of the algorithm in the defense strategy of every case," Sam Braverman, co-chair of the government enforcement, internal investigation and white collar defense group at Anderson Kill PC, told Law360. "That's a huge shift from it being nowhere to now a front line of the defense."
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State and county prosecutors might also take more active roles in corruption enforcement. That already seems to be happening in some regions, according to Braverman, in Anderson Kill's New York office. He told Law360 that he has several bribery-related public corruption cases that are "now fully in the wheelhouse of state or county prosecutors."
"Before, it used to be that it was a joint effort with the feds," he said. "Now there are no feds involved."
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