Health Law Advisor

In the latest from the U.S. Department of Justice (DOJ), the National Fraud Enforcement Division (NFED) announced on October 20, 2026, the creation of a Fraud Whistleblower Incentive Program (WHIP)[1] paying between $10,000 and $30,000 for information leading to criminal charges—to be handed out at the charging stage of a criminal case, as opposed to after the final resolution. This program further incentivizes private whistleblowers to voluntarily disclose potential fraudulent activity. Health care companies, in particular, need to be aware of what this may mean for their businesses.

States across the country are intensifying efforts to restrict minors’ access to weight loss and muscle building dietary supplements, with over a dozen state legislatures having introduced such legislation in 2025 and 2026. What began with New York—the first state to ban the sale of weight loss and muscle building supplements to minors, effective in 2024—has evolved into a broader movement attempting to address public health concerns without the scientific research to support such initiatives.

On August 13, 2026, the Assistant Attorney General for the U.S. Department of Justice (“DOJ”) National Fraud Enforcement Division (the “NFED”), Colin M. McDonald, released a memorandum outlining NFED’s enforcement priorities. The memorandum is the first memo of this kind from NFED.  The establishment of NFED earlier this year represented a watershed moment for federal fraud prosecution, as it established DOJ’s first-ever division dedicated exclusively to combating fraud against taxpayer dollars and taxpayer-funded programs.  With a stated goal of having 500 prosecutors and staff by August 24, NFED seeks to deploy “cutting-edge data analysis” across a “whole-of-government” effort.  The establishment of NFED signals a fundamental shift in federal fraud enforcement, one that seeks to compress investigation timelines and narrow the window for voluntary disclosures.  Breaking down data barriers, eliminating silos, and establishing partnerships with U.S. Attorneys’ Offices, federal agencies, and state and local partners, the NFED’s priorities are a warning call to companies to expect more efficient detection, investigation, and prosecution than in the past.  The creation of the NFED signals a desire on the part of the Trump administration (“Administration”) to meaningfully escalate federal fraud enforcement sophistication and resources.