DOJ Unveils Corporate Fraud Enforcement Priorities and 10 "Must Weigh" Factors

In a nationwide memorandum issued October 1, 2026, DOJ set out enforcement priorities for corporate fraud prosecutors now operating within the newly created National Fraud Enforcement Division. The memo pairs those priorities with ten "must weigh" charging factors, effectively a prosecutorial checklist that defense counsel should expect to see argued in charging decisions and negotiated resolutions. Both the priorities and the factors are new public commitments rather than binding rules, so their practical effect will be gauged case by case as prosecutors apply them, and the memorandum's legal weight in any individual matter remains untested. Defense teams at major firms should note that the framework signals a more uniform, centrally directed approach to corporate fraud charging decisions across the country, which may reduce divergence between districts. The concrete next developments to watch are early enforcement actions under the new division, whether the memo is echoed in agency guidance or charging documents, and any litigation testing how the "must weigh" factors are applied. Corporate counsel should also reassess internal escalation, disclosure and cooperation posture in light of the stated priorities.