If you’re being looked at by the government, the new DOJ’s Criminal Division memo released on May 12 isn’t just policy—it’s your reality. It’s not just about what you did back then. It’s about what you’re doing now.

The memo—issued by Matthew Galeotti, who’s leading the DOJ’s Criminal Division—shifts how the government says it will handle white-collar cases. They still want convictions. But they also want quicker resolutions, fewer drawn-out monitorships, and more cooperation.

That changes things for you, especially if you’re hoping to be treated as more than just a case number.

Here’s the Part Most Federal Defendants Miss

People under investigation often focus on legal arguments: can my lawyer get this dismissed, negotiate a deal, or reduce my exposure?

All valid. But here’s the problem—your legal strategy doesn’t always speak to who you are. The DOJ’s criminal division memo makes it clear: prosecutors are looking at you as a person, not just the facts of the case.

They want to know:

• Have you built a new record proving this will never happen again?
• Is the conduct continuing?
• If they give you a second chance, can they justify it?

If you’re doing nothing to answer those questions, you’re already behind.

What the DOJ Is Now Prioritizing

The memo names ten areas of focus: government fraud, crypto schemes, international finance, money laundering, bribery, health care violations, and more.

But there’s something underneath all that—the idea that the DOJ wants to move faster. They want less red tape and fewer delays. They’re pushing prosecutors to resolve cases quickly and move on.

So if you’re not preparing your story now, you won’t get the time later to explain who you are.

You Can’t Wait Until Sentencing to Start Preparing: Influence Now!

I’ve seen too many people wait until after they plead guilty to start writing letters, volunteering, or reflecting. But by then, it’s often too late. The court has already formed an opinion. The prosecutor has already written a summary of your conduct. And the presentence report is locked in.

This memo pushes everything up. Prosecutors are being told to:

• Speed up charging decisions
• Review active agreements for early closure
• Focus on cases with big impact and national significance

According to FBI Agent, Paul Bertrand, if they have your name, they are investigating. So you need to move, too.

What the Government Actually Looks For In Government Investigations

They want to see people doing the work. That doesn’t mean generic letters or scripted apologies. It means:

• Laying out how you’ve changed the behavior that led to this
• Giving specifics—what you’re doing, why it matters, and who it helps
• Sharing something that shows growth, not just regret

If you’re working with us, you’ve heard this before: You don’t need to be perfect. But you do need to be consistent. And you need to show your effort in ways that cynical stakeholders can verify.

Examples of What Successful Mitigation Looks Like:

• You put together a case study or personal release plan that lays out how you’re part of the solution.
• You’ve started logging how you spend your time, especially if it includes helping others or learning from this.
• You’re building a record that shows you are different than the government’s version of events.

If You Do Nothing, They Write the Story for You

Let’s say you stay quiet, hoping your lawyer can handle it. Here’s what might happen:

• The DOJ builds your character profile.
• The probation officer sees no effort from you.
• The judge reads a summary from your defense attorney.

If that’s the only story they hear, that’s what they’ll believe.

The DOJ Wants Wins. Make Them See You as One

Prosecutors are measured by results. But not every win is a conviction. A case where someone cooperates, documents real effort, makes people whole, and avoids prison—under this new memo, that’s now a “win,” too.

Give them a reason to think you fall into that category.

What Would You Say If the Judge Asked, ‘What Have You Done Since Then?’

If your only answer is “I’ve hired a lawyer,” that’s not going to help you.

Start tracking something. Write something. Get honest about what happened, and why you’re committed to something better.

Join Our Webinar: See What’s Working for People Going Through This

Every week, we host a webinar where we talk through situations just like this one. Not theory. Just real steps people are taking to prepare, respond, and move forward.

We go over what judges notice, what probation officers flag, and how to avoid looking like you’re just reacting.

If you’re in this situation—or think you might be soon—this is a conversation worth having.

[Register for the Webinar]

Justin Paperny