The issue focused on policy issues that political appointees would see as controversial. The Justice Department may also try to distance itself from financial regulatory legislation.

At the federal level, courts have increasingly drawn legal rulings against companies like Oracle and Citigroup for trading illegal activities in tax havens. Justice Department lawyers often argue that laws criminalizing unlawful activity can't be legally enforced because law enforcement officials don't need to provide evidence of wrongdoing. But prosecutors might find such prosecutions constitutional when plaintiffs sue government agencies or banks.

