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"Now that Trump is in power, there’s every reason to expect a drop off in corporate enforcement from the already low Biden baseline," said the author of a new analysis.
An analysis released Thursday offers both a scathing indictment of the Biden administration's lax approach to corporate crime enforcement and a warning of what's to come under President Donald Trump, whose administration is packed with billionaires and former lobbyists with close business ties.
The new report from Public Citizen, based on data from the U.S. Sentencing Commission, shows that former President Joe Biden's Justice Department prosecuted just 80 corporations during his final year in office—the lowest level of any year over the past three decades.
"Over the course of the four fiscal years that correspond to Biden's four-year term, the DOJ brought fewer prosecutions against corporations than any of the previous four U.S. presidents over the course of any four-year term," Public Citizen found.
But the first few months of the second Trump administration have provided good reason to believe corporate crime enforcement could be headed for a new low.
"Corporate enforcement plummeted the first time Trump took office, and the current administration has already halted or dropped more than 100 enforcement actions against corporate misconduct," Public Citizen observed.
Trump's Justice Department, headed by former corporate lobbyist Pam Bondi, "inherited at least 188 investigations and cases against alleged corporate misconduct from the Biden DOJ, 27 of which have been halted and ten of which have already been dismissed or withdrawn," the group added, pointing to its corporate enforcement tracker.
The president also issued "what may be the first ever presidential pardon for a corporate criminal" when he used his clemency power to let the cryptocurrency exchange BitMEX off the hook.
Rick Claypool, a research director for Public Citizen and author of the new report, said in a statement that "the Biden administration's broken promise to crack down on corporate crime was a tragic missed opportunity to restore faith in the Justice Department by demonstrating that the wealthy and powerful are not above the law."
"Now that Trump is in power," Claypool added, "there's every reason to expect a drop off in corporate enforcement from the already low Biden baseline."
"If you're a corporation in a favored industry, you can break the law. You can get caught. You can be prosecuted and sentenced with a $100 million fine, and it doesn't matter," said one consumer advocate.
In what could be a U.S. first, President Donald Trump last week pardoned a criminal corporation, a move that largely flew under the proverbial radar amid his pardon spree for white-collar criminals including at least one of his supporters.
On March 28, Trump pardoned HDR Global Trading, the owner and operator of the cryptocurrency exchange BitMEX; company co-founders Arthur Hayes, Benjamin Delo, and Samuel Reed; and former business development chief Gregory Dwyer.
The company and the four men hads each pleaded guilty to one count of violating the Bank Secrecy Act "by willfully failing to establish, implement, and maintain an adequate" anti-money laundering program, as required by law. In January, the U.S. Department of Justice sentenced BitMEX to a fine of $100 million, while the executives were sentenced to criminal probation and ordered to pay civil fines.
While experts noted that Trump acted within his rights to pardon the corporation, there is no known precedent for a president taking such action.
Trump's corporate pardon sends a clear message: “If you’re a corporation in a favored industry, you can break the law. You can get caught. You can be prosecuted and sentenced with a $100 million fine, and it doesn’t matter”
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— Rick Claypool (@rickclaypool.bsky.social) April 2, 2025 at 7:18 AM
Noting the U.S. Supreme Court's highly controversial 2010 Citizens United v. Federal Election Commission ruling—which affirmed corporate personhood and the dubious notion that unlimited outside spending on political campaigns is free speech—Stanford Law School professor Bernadette Meyler toldThe Intercept that "while we have seen the rise of a trend of treating corporations as persons in other areas of law, we haven't seen that so far in the area of pardoning."
Kimberly Wehle, a professor at the University of Baltimore School of Law and preeminent pardons expert, wrote for The Hill on Tuesday that the BitMEX pardons send the message that "companies involved in financial crimes don't have to worry about accountability under this president, as least when it comes to crypto, for reasons that he has no incentive to ever make known."
"BitMEX can continue its prior criminal practices with federal impunity, and maybe even rely on the pardon to thwart future investigations into related conduct by federal lawmakers or state prosecutors," Wehle added. "The biggest losers in this deal are, once again, the American people, including the more than 77 million who might finally be realizing that they voted for lawlessness last November."
"The biggest losers in this deal are, once again, the American people."
Brandon Garrett, a Duke University law professor specializing in corporate crime and punishment, told The Intercept that the BitMEX pardons are part of a wider pattern of impunity under Trump, who "now seems to be systematically pardoning corporate malefactors left and right without respect, really, to any real serious consideration about the merits of the cases [or] the larger policy implications of issuing these pardons."
As the consumer advocacy watchdog Public Citizen recently noted, "The Trump administration has dropped, withdrawn, or halted investigations and enforcement actions against over 100 corporations in its first two months in office."
Beneficiaries include companies owned or led by Trump donors or allies, including private prison giant GEO Group; Zelle network banks JPMorgan and Bank of America; crypto firms Coinbase, Gemini, Kraken, OpenSea, Ripple, and Robinhood; and Elon Musk's SpaceX.
"Trump's corporate pardons show the president's true base is the billionaire executives and corporate elites lining up to indulge their greed at the trough of Trump's corruption," Public Citizen research director Rick Claypool said last week. "Trump's soft-on-corporate crime approach invites a corporate crime spree and potentially catastrophic abuses for America's consumers, workers, and communities."
Public Citizen co-president Robert Weissman added that the Trump administration's "effective no-enforcement policy against corporations virtually guarantees more financial scams, more workplace discrimination, more poisoning of the air and water, more food contamination, more fraud, more disease, and more preventable death."
"President Trump talks 'tough on crime,' but his administration is once again betraying a preference for going soft on corporations that break the law."
U.S. President Donald Trump "is handing out 'get out of jail free' cards to corporate lawbreakers," declared Rick Claypool, author of a Tuesday report about the administration ending probes and enforcement actions against dozens of companies.
Claypool is a research director for the watchdog Public Citizen. His report "covers 429 separate investigations and cases against 361 corporations over alleged lawbreaking—including at least 25 involving allegations of criminal misconduct."
During the first six weeks since the inauguration, the researcher found, the Trump administration halted or moved to dismiss actions against 89 corporations—or 25% of the companies in Public Citizen's tracker of prominent cases.
"The consequences for the public when corporations face a diminished threat of enforcement are disastrous," Claypool warned in a statement. "Meanwhile, honest businesses that are not Trump administration insiders—or that refuse to play along with the ultra-MAGA ideological agenda—may face serious disadvantages from Trump's politicized approach to enforcement."
As his report, Corporate Clemency, details, the beneficiaries of the recent dismissals are:
"Additionally, firings of National Labor Relations Board (NLRB) members and EEOC commissioners mean these regulators lack the quorum needed for finalizing enforcement decisions, including NLRB cases against 100 corporations included in the tracker," the report explains. "There are nearly 27,000 open NLRB cases in total."
The corporations that began the Trump administration with the greatest number of probes or cases in the Public Citizen tracker are Musk's Tesla (eight) and SpaceX (four), billionaire Jeff Bezos' Amazon (seven), Big Pharma's Pfizer (five), banking giant Wells Fargo (four), and the insurance company UnitedHealthcare (four).
The report highlights that "of the 361 corporations facing federal enforcement actions, 56 have close ties with the Trump administration," 17 of which "are benefiting from the enforcement pauses that have halted investigations and cases."
The document also identifies 34 companies that collectively gave at least $34 million toward Trump inaugural festivities.
Amazon and Pfizer each gave $1 million, as did many others: Adobe, Apple, AT&T, Boeing, Coinbase, ExxonMobil, Ford Motor Company, General Motors, Goldman Sachs, Google, Hyundai and its affiliate, Johnson & Johnson, Kraken, Lockheed Martin, Meta, Microsoft, OpenAI, Stanley Black & Decker, Stellantis, and Toyota.
Ripple, Robinhood Markets, and Uber gave even more, while Abbott Laboratories, Bank of America, Citibank, Coca-Cola, CoreCivic, Ericsson, Hewlett Packard, and Syngenta gave less or an undisclosed amount.
Apple and OpenAI's contributions came from the companies' chief executives, Tim Cook and Sam Altman, while Uber had a corporate donation and one from CEO Dara Khosrowshahi. All three of them appear on the report's list of "Big Tech oligarchs seeking corporate clemency from the Trump administration," alongside Musk, Bezos, TikTok's Shou Zi Chew, Mark Zuckerberg of Meta—which owns Instagram and Facebook—and Sundar Pichai of Alphabet, the parent company of Google.
"President Trump talks 'tough on crime,'" the report says, "but his administration is once again betraying a preference for going soft on corporations that break the law."
Public Citizen co-president Robert Weissman similarly called out not only Trump—who was convicted of 34 felonies—but also Attorney General Pam Bondi and Federal Bureau of Investigation Director Kash Patel, who all "bloviate about how tough they are on crime."
"The reality is the Trump administration by its actions is inviting a corporate crime spree," Weissman said in a statement. "Not only does the wholesale abandonment of cases against alleged corporate wrongdoers let bad actors off the hook, it invites—and virtually guarantees—a surge in consumer rip offs, endangerment of workers, poisoning of the air and water, discriminatory employment practices, and more."
Public Citizen's analysis comes amid mounting alarm over Trump's so-called Department of Government Efficiency, led by Musk, the richest person on Earth. As Common Dreamsreported Monday, the Center for Biological Diversity noted in a new lawsuit that Trump's executive order establishing the government-gutting initiative requires all federal agencies to form DOGE teams.
The center's complaint stresses that "Mr. Musk and other billionaire and tech executives working with DOGE stand to benefit personally and financially from the DOGE teams' work, including by securing government contracts, slashing environmental rules that apply to their companies, and reducing the government's regulatory capacity and authority, including by targeting specific agencies, statutes, and spending decisions that affect their businesses."