The order directs agency heads to produce reports identifying the criminal regulatory offenses enforceable by the agency or the U.S. Department of Justice, as well as the range of potential criminal penalties for those offenses. The order also indicates that, at present, criminal regulatory offense prosecutions should target individuals or entities who are alleged to have known they were engaging in illegal conduct. President Trump claims that the order will “ease the regulatory burden on everyday Americans.” The House Judiciary Committee held a hearing on the same topic this week, where witnesses emphasized the injustices of alleged overregulation and urged the government to shift away from criminal regulatory offenses that do not require a guilty mental state for conviction.
Source – Regulatory Review Weekly Update
