The Office of the Comptroller of the Currency will issue a report detailing which regulatory violations can be referred to the Department of Justice for criminal prosecution, part of a larger effort to combat alleged overcriminalization of federal regulations, according to an OCC bulletin published today.
President Trump in May issued an executive order directing federal agencies to reduce criminal enforcement of regulatory violations. As part of that process, OCC said that by May 2026, it will provide the Office of Management and Budget a list of all criminal regulatory offenses enforceable by the agency or the DOJ. It will also provide the range of potential criminal penalties for violations.
The OCC said it will also consider “certain enumerated factors” when deciding whether to refer alleged violations of criminal regulatory offenses to the DOJ.