Notice2025-12453
Guidance on Referrals for Potential Criminal Enforcement
Primary source
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Published
July 3, 2025
Issuing agencies
Treasury Department
Abstract
Pursuant to the recent executive order, "Fighting Overcriminalization in Federal Regulations," this notice announces plans to address criminally liable regulatory offenses, including factors to be considered in deciding whether to refer alleged violations of criminal regulatory offenses to the Department of Justice.
Full Text
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<title>Federal Register, Volume 90 Issue 126 (Thursday, July 3, 2025)</title>
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[Federal Register Volume 90, Number 126 (Thursday, July 3, 2025)]
[Notices]
[Pages 29628-29629]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12453]
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DEPARTMENT OF THE TREASURY
Guidance on Referrals for Potential Criminal Enforcement
AGENCY: Department of the Treasury.
ACTION: Notice.
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SUMMARY: Pursuant to the recent executive order, ``Fighting
Overcriminalization in Federal Regulations,'' this notice announces
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plans to address criminally liable regulatory offenses, including
factors to be considered in deciding whether to refer alleged
violations of criminal regulatory offenses to the Department of
Justice.
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, by May 9, 2026, the Department of
the Treasury (Department), in consultation with the Attorney General,
plans to provide to the Office of Management and Budget a report
containing: (1) a list of all criminal regulatory offenses \1\
enforceable by the Department 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 by 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 the
Department is deciding whether to refer alleged violations of criminal
regulatory offenses to DOJ, officers and employees of the Department
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. This notice does not amend or modify any existing legal
obligations, duties, or standards imposed by statute or regulation.
Christopher Pilkerton,
Acting General Counsel.
[FR Doc. 2025-12453 Filed 7-2-25; 8:45 am]
BILLING CODE 4810-AK-P
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