OCC Announces New Policy on Criminal Referrals

To address the executive order on Fighting Overcriminalization in Federal Regulations, published on May 14, 2025, the OCC recently issued a policy that it will consider four factors before making a referral to the DOJ of an alleged violation of a Federal regulation having a criminal penalty.

Subject to exceptions, the OCC will consider:

• The harm or risk of harm caused by the alleged offense;
• The potential gain to the presumed defendant resulting from the alleged offense;
• Whether the presumed defendant has specialized knowledge or held a license in the industry related to the regulation at issue; and
• Any evidence of the presumed defendant’s knowledge of the regulation at issue.

The executive order also requires the OCC to provide a report to the Office of Management and Budget listing all criminal regulatory offenses enforceable by the OCC, along with related information, by May 2026.