The annual False Claims Act (FCA) recovery statistics issued by the U.S. Department of Justice for Fiscal Year 2024, coupled with the Trump administration’s focus on the elimination of waste, fraud, and abuse in government spending and apparent intentions to rely on the FCA to pursue other administration priorities, signal a likely increase in FCA investigations and actions throughout 2025 and beyond.

On February 25, 2025, the Commodity Futures Trading Commission (CFTC) released an Enforcement Advisory (The Advisory) outlining concrete guidelines for self-reporting, cooperation, and remediation. The Advisory provides explicit guidance to companies and individuals on how to receive credits against civil penalties by self-reporting and cooperating with Commission investigations.

On April 8, 2025, President Trump signed an Executive Order (EO) titled “Reinvigorating America’s Beautiful Clean Coal Industry.” This order aims to enhance the United States’ “economic prosperity and national security, lower the cost of living, and provide for increases in electrical demand from emerging technologies” by increasing domestic energy production via coal. The order emphasizes coal’s role in lowering electricity costs, stabilizing the grid, creating high-paying jobs, and supporting burgeoning industries.