Notice2025-11679
Guidance on Referrals for Potential Criminal Enforcement
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
June 25, 2025
Issuing agencies
Labor Department
Abstract
This notice describes the Department of Labor'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 120 (Wednesday, June 25, 2025)</title>
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[Federal Register Volume 90, Number 120 (Wednesday, June 25, 2025)]
[Notices]
[Page 27057]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11679]
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DEPARTMENT OF LABOR
Guidance on Referrals for Potential Criminal Enforcement
ACTION: Notice.
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SUMMARY: This notice describes the Department of Labor's plans to
address criminally liable regulatory offenses under the recent
executive order on Fighting Overcriminalization in Federal Regulations.
FOR FURTHER INFORMATION CONTACT: Edmund C. Baird, Acting Deputy
Solicitor for Regional Enforcement, Office of the Solicitor; telephone
(202) 693-5460; email: <a href="/cdn-cgi/l/email-protection#4d2e2223392c2e39603e22210d292221632a223b"><span class="__cf_email__" data-cfemail="55363a3b2134362178263a3915313a397b323a23">[email protected]</span></a>
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 Department of Labor (``DOL'')
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 \1\ enforceable by DOL 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 \2\ for the criminal
regulatory offense.
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\1\ ``Criminal regulatory offense'' means a Federal regulation
that is enforceable with a criminal penalty. E.O. 14294, sec. 3(b).
\2\ ``Mens rea'' means the state of mind that by law must be
proven to convict a particular defendant of a particular crime. E.O.
14294, sec. 3(c).
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This notice also announces a general policy, subject to appropriate
exceptions and to the extent consistent with law, that when DOL is
deciding whether to refer alleged violations of criminal regulatory
offenses to DOJ, officers and employees of DOL should consider, among
other factors:
<bullet> whether an employee has died or was seriously injured as a
result of a violation of one of the laws that DOL enforces;
<bullet> whether the putative defendant's conduct is particularly
egregious, such as where the employer has a history of similar
violations;
<bullet> whether the putative defendant has deliberately impeded
Department of Labor investigative efforts;
<bullet> whether workers were physically or mentally coerced, such
as in cases involving trafficking or extortion;
<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.
Jonathan Snare,
Acting Solicitor of Labor.
[FR Doc. 2025-11679 Filed 6-24-25; 8:45 am]
BILLING CODE 4510-HX-P
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</html>Indexed from Federal Register on June 25, 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.