Insights

When federal law enforcement agencies issue subpoenas to companies for information about their customers, the subpoenas or cover letters often contain boilerplate nondisclosure language. This language generally directs companies not to notify those customers and implies that there may be legal consequences for doing so. But as two lawmakers recently called out in a formal letter to the U.S. Supreme Court and the U.S. Government Accountability Office (GAO), this boilerplate language may not carry the force of law.

On April 7, 2026, Acting Attorney General Todd Blanche issued a memorandum establishing the National Fraud Enforcement Division (NFED) within the U.S. Department of Justice (DOJ). This new division will be dedicated to the centralized, coordinated investigation and prosecution of fraud against taxpayer dollars and taxpayer-funded programs. AAG Blanche acknowledged that, while DOJ has a “storied history of combatting fraud,” DOJ has “never adopted a comprehensive and coordinated approach to investigating and prosecuting fraud against taxpayer dollars and tax-payer funded programs.” The NFED was created to close that gap with its core mission being to “zealously investigate and prosecute those who steal or fraudulently misuse taxpayer dollars.”

On February 20, 2025, the Securities and Exchange Commission (SEC) announced the formation of the Cyber and Emerging Technologies Unit, known as “CETU,” which will replace the Crypto Assets and Cyber Unit (“CACU”).