In recent years, U.S. national security concerns have intensified, prompting the federal government to expand the use of its criminal and regulatory enforcement powers to achieve national security objectives. This shift is particularly evident in the enforcement of laws governing economic sanctions, export controls, and the Foreign Agents Registration Act (FARA). This trend is also apparent in the federal government’s heightened focus on anti-money laundering enforcement and the prosecution of anti-corruption offenses.
The U.S. Department of Justice (DOJ) leads criminal enforcement in these areas through the National Security Division (NSD) and the Criminal Division’s Fraud Section and its Money Laundering and Asset Recovery Section (MLARS), often working in collaboration with local U.S. Attorney’s Offices. Complementing this, civil enforcement is handled by various federal agencies, including:
- Office of Foreign Assets Control (OFAC): The Treasury Department’s OFAC manages civil enforcement of violations of U.S. economic sanctions.
- Bureau of Industry and Security (BIS): The Commerce Department’s BIS manages civil enforcement of violations of U.S. export controls.
- Financial Crimes Enforcement Network (FinCEN): The Treasury Department’s FinCEN manages the federal government’s anti-money laundering (AML) program and civilly enforces violations of the Bank Secrecy Act (BSA).
- Securities and Exchange Commission (SEC): The SEC manages civil enforcement of the Foreign Corrupt Practices Act (FCPA) against the issuers of securities in the U.S.
These agencies are aggressively pursuing new investigations and enforcement actions, backed by significantly increased financial resources and robust whistleblower programs offering financial and other incentives for reporting violations. Consequently, businesses and executives now face heightened risks of scrutiny for potential national security violations.
Addressing these risks requires skilled and experienced legal counsel. Tim Treanor, a seasoned leader in national security enforcement and defense, brings unparalleled expertise to these matters. Having begun his career as a DOJ terrorism prosecutor in the wake of the September 11 attacks, he later established the national security practice at his previous firm and has represented individuals and entities in a range of high-stakes national security investigations and enforcement actions.