As regulatory frameworks shift across the Americas, investigations practitioners are adapting to a convergence of political changes, aggressive US enforcement priorities, and rapid technological advancements in cryptocurrency and artificial intelligence. These evolving methodologies target cartels, transnational criminal organizations, white-collar crime, and trade fraud.
Shifting US Enforcement Priorities and the International Impact
The past 12 months have brought a convergence of political shifts and technological evolution that require compliance and investigations teams to recalibrate their approaches. The change in the US Administration combined with technological advances in crypto and AI calls for strategic and practical responses. For practitioners across the Americas, this shift demands real-time agility as regulatory frameworks, criminal tactics, and enforcement priorities shift at an unprecedented pace.
Guided by a desire to establish US dominance in the global economy, the new administration’s enforcement priorities impact cross-border business operations. While the Biden administration championed Environmental, Social, and Governance (ESG) regulations, opposing lawmakers argued those rules would restrict corporations. Unsurprisingly, the new administration reversed ESG regulations—even as other jurisdictions (particularly Europe) held fast—leaving multinational compliance teams navigating a new world of uncertainty.
The administration announced its priorities after the presidential inauguration. On February 5, 2025, AG Bondi issued memoranda addressing the total elimination of cartels and transnational criminal organizations (TCOs). On May 12, 2025, the DOJ Criminal Division expanded on this messaging via the memorandum Focus, Fairness, and Efficiency in the Fight Against White-Collar Crime. This document underscored federal prosecution targets, including healthcare fraud, procurement fraud, trade and customs fraud, and conduct supporting TCOs.
Targeting Cartels, TCOs, and Trade Fraud
Investigations into cartels and transnational criminal organizations require sophisticated tooling. Practitioners rely on desktop analysis, local sources, and multi-language/multi-jurisdictional capabilities.
At the same time, trade and customs fraud investigations are ramping up. Enforcement in this sector is expected to increase through the False Claims Act (FCA), including whistleblower claims. Concurrently, healthcare fraud investigations are data-driven and comprise the largest percentage of total resolutions under FCA enforcement.
Federal agencies leading or participating in these sweeping multi-jurisdictional efforts include:
- US Department of Justice (DOJ)
- US Department of the Treasury’s Office of Foreign Assets Control (OFAC)
- US Department of the Treasury’s Financial Crimes Enforcement Network (FinCEN)
- US Securities and Exchange Commission (SEC)
- US Commodity Futures Trading Commission (CFTC)
- US Department of Commerce’s Bureau of Industry and Security (BIS)
- US Department of State and the New York State Department of Financial Services
Cryptocurrency and AI in the Crosshairs of Modern Compliance
Technology continues to rewrite the playbook for both criminal networks and investigators. The administration has adopted a pro-innovation stance toward digital assets and emerging tech. SEC Chairman Paul Atkins has signaled that under his leadership, rules and regulations will be cryptocurrency-friendly to promote crypto advancement. Meanwhile, the appointment of a White House AI “czar” underscores a strategic pivot toward accelerating domestic artificial intelligence innovation and infrastructure.
Despite this regulatory posture toward market innovation, enforcement agencies remain focused on illicit finance. Cryptocurrency investigations leverage blockchain analytics technologies. Enforcement priorities have shifted toward those who harm investors and consumers due to wrongdoings involving cryptocurrencies.
Global adoption of artificial intelligence leads to new fraud and investigations considerations. As regulatory bodies operationalize tools like FinCEN Geographic Targeting Orders and executive orders, compliance officers must adapt to these shifts.
