Notice2025-11505
Guidance on Referrals for Potential Criminal Enforcement
Primary source
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Published
June 23, 2025
Issuing agencies
General Services Administration
Abstract
This notice describes the U.S. General Services Administration's plans to address criminally liable regulatory offenses under the recent executive order on Fighting Overcriminalization in Federal Regulations.
Full Text
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<title>Federal Register, Volume 90 Issue 118 (Monday, June 23, 2025)</title>
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[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Notices]
[Page 26587]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11505]
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GENERAL SERVICES ADMINISTRATION
[Notice-OGP-2025-01; Docket No. 2025-0002; Sequence No.11]
Guidance on Referrals for Potential Criminal Enforcement
AGENCY: General Services Administration GSA (OGP).
ACTION: Notice.
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SUMMARY: This notice describes the U.S. General Services
Administration's plans to address criminally liable regulatory offenses
under the recent executive order on Fighting Overcriminalization in
Federal Regulations.
DATES: June 23, 2025.
FOR FURTHER INFORMATION CONTACT: Nicholas West, Acting Director, GSA
Acquisition Policy, Integrity & Workforce, at <a href="/cdn-cgi/l/email-protection#5a1d091b080a35363339231a3d293b743d352c"><span class="__cf_email__" data-cfemail="abecf8eaf9fbc4c7c2c8d2ebccd8ca85ccc4dd">[email protected]</span></a>, or
202-501-4755.
SUPPLEMENTARY INFORMATION: On May 9, 2025, the President issued
Executive Order (``E.O.'') 14294, Fighting Overcriminalization in
Federal Regulations. 90 FR 20363 (published May 14, 2025). Section 7 of
E.O. 14294 provides that within 45 days of the order, and in
consultation with the Attorney General, each agency should publish
guidance in the Federal Register describing its plan to address
criminally liable regulatory offenses.
Consistent with that requirement, the U.S. General Services
Administration advises the public that by May 9, 2026, the Department,
in consultation with the Attorney General, will provide to the Director
of the Office of Management and Budget (``OMB'') a report containing:
(1) a list of all criminal regulatory offenses enforceable by the U.S.
General Services Administration or the Department of Justice (``DOJ'');
and (2) for each such criminal regulatory offense, the range of
potential criminal penalties for a violation and the applicable mens
rea standard for the criminal regulatory offense.
This notice also announces a general policy, subject to appropriate
exceptions and to the extent consistent with law, that when the U.S.
General Services Administration is deciding whether to refer alleged
violations of criminal regulatory offenses to DOJ, officers and
employees of the U.S. General Services Administration should consider,
among other factors:
<bullet> The harm or risk of harm, pecuniary or otherwise, caused
by the alleged offense;
<bullet> The potential gain to the putative defendant that could
result from the offense;
<bullet> Whether the putative defendant held specialized knowledge,
expertise, or was licensed in an industry related to the rule or
regulation at issue; and
<bullet> Evidence, if any is available, of the putative defendant's
general awareness of the unlawfulness of his conduct as well as his
knowledge or lack thereof of the regulation at issue.
This general policy is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
Larry Allen,
Associate Administrator, Office Of Government Wide Policy.
[FR Doc. 2025-11505 Filed 6-20-25; 8:45 am]
BILLING CODE 6820-61-P
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</html>Indexed from Federal Register on June 23, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.