DOJ AI-fraud sentencing guidance
DOJ Criminal Division — AI Aggravating Factor in Corporate Compliance and Sentencing
United States · DOJ Criminal Division ECCP (Sept. 23, 2024); Deputy AG Lisa Monaco, ABA White Collar Conf. (Mar. 5, 2024)
- Status
- In effect
- Took effect
- September 23, 2024
- Applies to
- Corporations subject to DOJ scrutiny; defendants in federal fraud prosecutions
- Enforced by
- U.S. Department of Justice, Criminal Division
The Justice Department updated its corporate compliance guidance in September 2024 to require companies to assess and mitigate AI-related risks, and Deputy AG Lisa Monaco announced in March 2024 that DOJ will seek stiffer sentences when AI is used to commit fraud — treating AI as an aggravating factor.
Who is protected: Fraud victims, including consumers, investors, and federal program beneficiaries
Legal detail
DOJ Criminal Division 'Evaluation of Corporate Compliance Programs' (Sept. 23, 2024) revised to add AI risk-management criteria; Deputy AG Monaco's ABA Mar. 5, 2024 speech directed prosecutors to seek enhanced sentences for AI-enabled fraud and asked the U.S. Sentencing Commission to consider whether AI use should increase offense levels. DOJ also created a Chief AI Officer and AI/Emerging Tech Strike Force.
Key facts
| Jurisdiction | United States |
|---|---|
| Level | Federal |
| Strength | Moderate |
| Enacted | March 5, 2024 |
| Citation | DOJ Criminal Division ECCP (Sept. 23, 2024); Deputy AG Lisa Monaco, ABA White Collar Conf. (Mar. 5, 2024) |
| Private right of action | No, agency enforcement only |
| Penalties | Enhanced sentencing recommendations; aggravated charging decisions |
| Topics | consumer protection · deepfakes · automated decision-making |
| Agency page | Evaluation of Corporate Compliance Programs (Sept. 2024) |
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