The executive order shifts policy on enforcement of criminal regulatory offenses, steering away from criminal enforcement of strict liability offenses in regulatory matters.

By Jennifer L. Bragg, Nicholas McQuaid, and Terra Reynolds

On May 9, 2025, President Trump issued an executive order titled “Fighting Overcriminalization in Federal Regulations” (the Order), aimed at reducing criminal enforcement of federal regulatory offenses in general and strict liability offenses, in particular. The Order also includes several requirements for agencies to increase transparency around the criminal offenses they enforce.

The action renews President Trump’s efforts from his first administration, which issued a similar executive order, and which was subsequently revoked by the Biden administration.

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