DOJ Wants a Catalog of Every Federal Crime It Enforces
Published Date: 6/16/2025
Notice
Summary
The Department of Justice is updating how it handles criminal cases tied to federal rules, following a new President’s order to fight overcriminalization. By May 9, 2026, they’ll report all criminal regulatory offenses they enforce, including penalties and proof standards. This affects anyone dealing with federal regulations and aims to make enforcement fairer and clearer, with no immediate cost changes announced.
Analyzed Economic Effects
3 provisions identified: 2 benefits, 1 costs, 0 mixed.
New Factors DOJ Will Consider Before Prosecuting
When deciding whether to prosecute alleged violations of criminal regulatory offenses, the Department will consider factors such as the harm or risk of harm (including pecuniary harm), the potential gain to the defendant, whether the defendant had specialized knowledge or a related license, and whether there is evidence the defendant was aware their conduct was unlawful.
DOJ to List All Criminal Regulatory Offenses
The Department of Justice will give the Office of Management and Budget a report by May 9, 2026 that lists every Federal regulation enforceable by criminal penalty and, for each one, the range of possible criminal penalties and the mens rea (state of mind) required to convict.
Policy Does Not Create Enforceable Rights
The notice says the Department's general policy about considering specific factors before prosecution does not create any substantive or procedural right that is enforceable in court against the United States or its officials.
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Key Dates
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