Insights

National Fraud Enforcement Division Structure and Enforcement Priorities

The U.S. Department of Justice ("DOJ") reports that it is significantly expanding and realigning its fraud-enforcement resources through the new National Fraud Enforcement Division ("Division"). The Division has identified five priorities—public trust and financial integrity, health care, internal revenue, global trade and commerce, and corporate misconduct ("Priorities")—supported by increased staffing, advanced data analytics, and closer coordination among criminal and civil enforcement authorities.

On August 13, 2026, Assistant Attorney General Colin M. McDonald issued a memorandum identifying the Priorities and announcing that DOJ expects the Division to reach approximately 500 attorneys and staff by August 24, 2026, with planned further expansion to follow. The memorandum also describes the Division as a nationwide, data-driven enforcement component organized into specialized litigating sections and supported by asset-recovery personnel, appellate counsel, corporate-enforcement experts, a dedicated privilege-review team, data scientists, and automated litigation support.

 

The memorandum highlights the Division's expected emphasis on use of data analysis and a surge in resources. Health care is illustrative. There, DOJ indicates it will use cutting-edge data analysis to target Medicare and Medicaid fraud, controlled substance diversion, deceptive marketing of unsafe products and services, and fraud in telemedicine arrangements as well as home health and hospice schemes.

 

DOJ expects that these capabilities will allow it to identify potentially suspicious patterns more quickly and coordinate investigations across subject-matter areas. Its emphasis on data scientists, advanced analytics, automated litigation support, and cross-agency information sharing suggests that the Division's approach may continue the trend toward increased investigations originating from government analysis of claims, financial, tax, and other data, not only from whistleblowers or voluntary disclosures.

 

This announcement builds on DOJ's April 7, 2026, reorganization memorandum, which established the Division and placed the Criminal Division's Tax Section, Health Care Fraud Unit, and Market, Government, and Consumer Fraud Unit under the Division's operational control. While the Fraud Section of the Civil Division's Commercial Litigation Branch handles False Claims Act matters and is a key player in federal fraud enforcement efforts, neither memorandum singles out that section for transfer. The April memorandum, however, directed the Office of Legal Policy to recommend whether non-criminal DOJ components should be brought into the Division. The memoranda do not report the outcome of that process, but stakeholders can anticipate increased civil-criminal coordination and, potentially, further structural changes.

 

Organizations operating in the Division's priority areas should assess data and practices likely to attract scrutiny, strengthen investigation and escalation protocols, and prepare for coordinated criminal, civil, regulatory, and asset-recovery inquiries. They should also reassess their self-disclosure and remediation procedures.

Insights by Jones Day should not be construed as legal advice on any specific facts or circumstances. The contents are intended for general information purposes only and may not be quoted or referred to in any other publication or proceeding without the prior written consent of the Firm, to be given or withheld at our discretion. To request permission to reprint or reuse any of our Insights, please use our “Contact Us” form, which can be found on our website at www.jonesday.com. This Insight is not intended to create, and neither publication nor receipt of it constitutes, an attorney-client relationship. The views set forth herein are the personal views of the authors and do not necessarily reflect those of the Firm.