"If folks in this room are going to be honest brokers when counseling clients, posting on LinkedIn or writing client alerts, the public narrative should match the private one. If you publicly claim we are not enforcing white-collar crime aggressively enough, but privately insist that your clients are the victims of overreach, we notice that inconsistency."
"It's remarkable how some members of the white-collar bar seem to have an endless stream of clients who are each coincidentally victims of supposed overreach or weaponization, but still publicly draft client alerts suggesting that the department is not prioritizing white-collar cases. Such a statement is wrong. White-collar cases are a significant priority for President Trump, for the attorney general and for the department."
Todd Blanche, Deputy Attorney General, warned hundreds of white-collar defense lawyers that the Department of Justice monitors inconsistencies between their public commentary and private client advice. He instructed that public narratives should match private representations and said the DOJ 'notices' when lawyers publicly claim inadequate enforcement while privately asserting client victimhood. Blanche criticized white-collar defense practices that portray clients as victims of overreach while issuing public alerts claiming under-prioritization, calling such statements wrong and asserting that white-collar cases are a significant priority for President Trump, the attorney general and the department. Prior executive action paused FCPA enforcement and DOJ guidelines now emphasize minimizing burdens on U.S. businesses.
Read at Above the Law
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