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Executive Order 14390 🏛️✅ Zone 1: Maximum Authority Constitutional Fidelity (+0.64) 📜 Art. II §2: Commander-in-Chief Supervisory Authority

Combating Cybercrime, Fraud, and Predatory Schemes Against American Citizens

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Friday, March 6, 2026
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5 min read (1,034 words)
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91 Fed. Reg. 12051

Executive Brief • At a Glance

⏱️ 5 min read (1,034 words) • ● In Effect
🎯 Primary Mandate

The Secretary of State, the Secretary of the Treasury, the Secretary of War, the Attorney General, and the Secretary of Homeland Security, in consultation with the Office of the National Cyber Director, and in coordination with the Assistant to the President and Homeland Security Advisor (APHSA), shall: (i) within 60 days of the date of this order, review the relevant operational, technical, diplomatic, and regulatory frameworks in place to determine how each can be improved to best combat TCOs engaged in cyber-enabled crime and similar predatory schemes against Americans; and (ii) within 120 days of the date of this order, using the results of the review directed in subsection (a)(i) of this section, submit to the President, through the…

⚖️ Constitutional Footing
🏛️✅ Zone 1: Maximum Authority
Express or Implied Congressional Authorization
📜 Art. II §2: Commander-in-Chief Supervisory Authority
🏛️ Scope & Affected Sectors
Merchants, Importers & Commercial Enterprises Sovereign State Governments & Localities Executive Departments & Federal Civil Servants Private Citizens & Property Owners

Plain-English Translation & Framers' Constitutional Analysis

Early Statesman synthesis distilling legal jargon into practical meaning, statutory anchors, and structural constitutional impacts.

Signed by President Donald Trump on March 6, 2026, this order concerns Combating Cybercrime, Fraud, and Predatory Schemes Against American Citizens. Cybercrime, fraud, and predatory schemes are draining American families of their life savings, stealing the benefits of years of work, and destroying the lives of our youth. These activities—which include deploying ransomware and malware, phishing, financial fraud, “sextortion” and other extortion schemes, impersonation, and more—are often coordinated campaigns carried out by Transnational Criminal Organizations…

Constitutional Assessment: Scrutinized through Article II, Section 2, this action exercises the President's constitutional role as Commander in Chief. Early Framers recognized broad executive discretion in commanding military forces during conflict, provided it remains bounded by congressional declarations and respects civilian domestic courts.

Key Directives & Operative Actions

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Combating Scam Centers and Cybercrime

The Secretary of State, the Secretary of the Treasury, the Secretary of War, the Attorney General, and the Secretary of Homeland Security, in consultation with the Office of the National Cyber Director, and in coordination with the Assistant to the President and Homeland Security Advisor (APHSA), shall: (i) within 60 days of the date of this order, review the relevant operational, technical, diplomatic, and regulatory frameworks in place to determine how each can be improved to best combat TCOs engaged in cyber-enabled crime and similar predatory schemes against Americans; and (ii) within 120 days of the date of this order, using the results of the review directed in subsection (a)(i) of this section, submit to the President, through the…

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Victim Restoration Program

Within 90 days of the date of this order, the Attorney General shall submit a recommendation to the President, through the APHSA, regarding the establishment of a Victims Restoration Program designed to provide, to the greatest extent authorized by law and in consideration of the Department of Justice's goal of serving all victims of crime, restoration or remission to victims of cyber-enabled fraud schemes from funds clawed back, forfeited, or seized from the TCOs that perpetrate such schemes.

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International Engagement

The Secretary of State, in coordination with the NCC, shall engage with foreign governments to demand enforcement actions against TCOs operating within their borders and greater cooperation with United States law enforcement.

Constitutional & Societal Entities Impacted

🏛️ Merchants, Importers & Commercial Enterprises 🏛️ Sovereign State Governments & Localities 🏛️ Executive Departments & Federal Civil Servants 🏛️ Private Citizens & Property Owners 🏛️ Foreign Nations & International Entities
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The Framers' Constitutional Council

1787 Prism

Evaluating this order against the constitutional debates of 1787 and the limits of Article II executive power.

🏛️✅ Zone 1 (Maximum Authority)
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"When the President acts pursuant to an express or implied authorization of Congress, his authority is at its maximum, for it includes all that he possesses in his own right plus all that Congress can delegate."

— Justice Robert H. Jackson, Youngstown Sheet & Tube Co. v. Sawyer (1952) Express or Implied Congressional Authorization
JM

James Madison

Separation of Powers & Legislative Primacy

"The constitutional magistracy was designed not to invent policy, but to be the faithful instrument of the laws passed by the people's representatives." — Speech in the First Congress (1789)

Madison would approve the structural posture of this order. The President acts strictly in subordination to statutory authority granted under Article II, Section 3 ("take Care that the Laws be faithfully executed"). The checks and balances hold firm because the policy origin remains with the legislature.

Madisonian Stance: Concurring (Statutory)
AH

Alexander Hamilton

The Energetic Executive & Unified Command

"The direction of war implies the direction of the common strength; and the power of directing and employing the common strength must be under the direction of the single hand of the Executive." — Federalist No. 74 (1788)

Hamilton would forcefully champion executive discretion here. For foreign entanglements, commerce defense, and national security, deliberative assemblies are too slow and faction-ridden. A unified, energetic Executive exercising swift command is precisely what the Philadelphia Convention intended for national preservation.

Hamiltonian Stance: Strong Prerogative Support
GM

George Mason

Bill of Rights, Due Process & 10th Amendment

"The president will be surrounded by flatterers and sycophants... and the great powers of the executive will gradually absorb the liberties of the people." — Cato IV (Anti-Federalist, 1787)

The Anti-Federalist prism advises continuous democratic vigilance. Even routine administrative directives aggregate centralized federal power away from town halls and state assemblies toward a distant executive apparatus.

Anti-Federalist Stance: Eternal Vigilance Required
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Five Measurable "Constitutional Friction" Dimensions

An objective audit measuring potential separation-of-powers tension against the United States Constitution and established Supreme Court doctrine.

⚖️ Discretionary Twilight Zone
46 / 100 friction index
Dimension 1 • Art. I, §1 & §8

Legislative Encroachment & Purse

Moderate Friction

Administers commerce or fiscal programs requiring ongoing statutory delegation and legislative oversight.

Benchmark: Power of the purse, taxes/tariffs, and rule of law reserved to Congress.
Dimension 2 • Art. II, §1 & §3

Executive Scope & Faithfulness

Moderate Friction

Directs internal executive branch machinery, agency workflows, and federal personnel.

Benchmark: Faithfully execute laws enacted by Congress vs. unilateral decree.
Dimension 3 • 10th Amendment

Federalism & State Sovereignty

High Friction

Creates friction with the Tenth Amendment by conditioning state grants, mandating local compliance, or preempting state police powers.

Benchmark: Police powers and un-delegated responsibilities reserved to the States.
Dimension 4 • 5th & 14th Amendments

Due Process & Individual Rights

Moderate Friction

Applies regulatory or compliance standards to private contractors or commercial entities.

Benchmark: Protection of private property, contracts, liberty, and procedural justice.
Dimension 5 • Separation of Powers

Youngstown Jacksonian Tier

Low Friction

The President operates strictly as the constitutional Chief Executive, carrying out policy established by Congress with strong statutory backing.

Benchmark: Express or Implied Congressional Authorization
⚖️ Audit Synthesis

This order operates within Justice Jackson’s Zone of Twilight, resting upon concurrent presidential authority or congressional silence.

Weighted composite: Art. I (25%), Art. II (25%), Federalism (15%), Due Process (15%), Youngstown (20%).
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How to read these dimensions: Executive power expands whenever an administration acts without explicit statutory authorization from Congress (Article I), touches upon police powers historically reserved to the states (Tenth Amendment), or limits private rights and property without judicial process. A low friction score indicates strict concordance with enacted law; a high friction score highlights orders testing the limits of presidential discretion.
Total Words
1,034
7,037 characters
Estimated Read Time
5 min
@ 200 words / min
Flesch-Kincaid
22.4
Post-Graduate Legal
Language Tone Score
+0.64
Constitutional Fidelity
How is this scored?
Text size:

Official Archival Text

View Source Document

Executive Order 14390 of March 6, 2026 Combating Cybercrime, Fraud, and Predatory Schemes Against American Citizens By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered:

Section 1 . #sec-1

Purpose and Policy. Cybercrime, fraud, and predatory schemes are draining American families of their life savings, stealing the benefits of years of work, and destroying the lives of our youth. These activities—which include deploying ransomware and malware, phishing, financial fraud, “sextortion” and other extortion schemes, impersonation, and more—are often coordinated campaigns carried out by Transnational Criminal Organizations (TCOs) aimed at the most vulnerable among us. In many cases, foreign regimes provide willing or tacit state support to cybercrime and predatory schemes, creating a shadow economy fueled by stolen identities, coercion, forced labor, and human trafficking. It is the policy of the United States to protect Americans from, and harden our financial and digital systems against, these threats. The United States shall counter attacks on Americans with a commensurate response that includes law enforcement, diplomacy, and potential offensive actions. It is further the policy of the United States to provide support to victims of these crimes, expand public alerts, and prioritize protection for those most at risk to end the exploitation and victimization of Americans.

Sec. 2 . #sec-2

Combating Scam Centers and Cybercrime. (a) The Secretary of State, the Secretary of the Treasury, the Secretary of War, the Attorney General, and the Secretary of Homeland Security, in consultation with the Office of the National Cyber Director, and in coordination with the Assistant to the President and Homeland Security Advisor (APHSA), shall: (i) within 60 days of the date of this order, review the relevant operational, technical, diplomatic, and regulatory frameworks in place to determine how each can be improved to best combat TCOs engaged in cyber-enabled crime and similar predatory schemes against Americans; and (ii) within 120 days of the date of this order, using the results of the review directed in subsection (a)(i) of this section, submit to the President, through the APHSA, an action plan that identifies the TCOs responsible for scam centers and cybercrime and proposes solutions to prevent, disrupt, investigate, and dismantle these TCOs. This action plan shall provide for the creation of an operational cell within the National Coordination Center (NCC) established pursuant to section 6(d) of Executive Order 14159 of January 20, 2025 (Protecting the American People Against Invasion), which will be responsible for coordinating Federal efforts to detect, disrupt, dismantle, and deter—including by involving the private sector as appropriate—cyber-enabled criminal activity conducted by foreign TCOs and associated networks that target United States persons, businesses, critical infrastructure, or public services. (b) The action plan shall describe how, consistent with applicable law, the Attorney General and the Secretary of Homeland Security, supported by the Secretary of War, shall use relevant technical capabilities, threat intelligence, and operational insights from commercial cybersecurity firms and other non-Federal entities, as appropriate, to enhance attribution, tracking, and disruption of malicious cyber actors and enabling infrastructure engaged in cybercrime, fraud, and predatory schemes.

FR Page 12052

(c) The action plan and NCC operational cell shall include mechanisms to improve information sharing, operational coordination, and rapid response across the Federal Government, and shall align with existing law enforcement frameworks and efforts to counter cyber-enabled threats emanating from foreign jurisdictions. (d) The Attorney General shall continue to prioritize prosecutions of defendants engaged in cyber-enabled fraud, including scam centers and sextortion schemes, and, consistent with the principles of Federal prosecution, shall pursue the most serious, provable offenses encompassed by such fraudulent schemes. (e) To the maximum extent permitted by law, the Secretary of Homeland Security, acting through the Director of the Cybersecurity and Infrastructure Security Agency, shall partner with the NCC to provide training, technical assistance, and resilience building to support State, local, Tribal, and territorial (SLTT) partners, including to expand defensive capacity, share threat intelligence, and harden SLTT partners' critical infrastructure systems against cybercrime exploitation by TCOs.

Sec. 3 . #sec-3

Victim Restoration Program. Within 90 days of the date of this order, the Attorney General shall submit a recommendation to the President, through the APHSA, regarding the establishment of a Victims Restoration Program designed to provide, to the greatest extent authorized by law and in consideration of the Department of Justice's goal of serving all victims of crime, restoration or remission to victims of cyber-enabled fraud schemes from funds clawed back, forfeited, or seized from the TCOs that perpetrate such schemes.

Sec. 4 . #sec-4

International Engagement. The Secretary of State, in coordination with the NCC, shall engage with foreign governments to demand enforcement actions against TCOs operating within their borders and greater cooperation with United States law enforcement. The Secretary of State shall take all necessary and appropriate steps to ensure that nations that tolerate such predatory activity shall face consequences consistent with United States law and policy, such as the limitation of foreign assistance, the application of targeted sanctions, visa restrictions, trade penalties, and, where appropriate, the immediate expulsion from the United States of foreign officials and diplomats complicit in these schemes. The Secretary of State shall also coordinate these actions with allies and partners to enhance the consequences of actions taken against nations that tolerate predatory activity.

Sec. 5 . #sec-5

General Provisions. (a) Nothing in this order shall be construed to impair or otherwise effect: (i) the authority granted by law to an executive department or agency, or the head thereof; or (ii) the functions of the Director of the Office of Management and Budget relating to budgetary, administrative, or legislative proposals. (b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations. (c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.

FR Page 12053

(d) The costs for publication of this order shall be borne by the Department of Homeland Security.

THE WHITE HOUSE, #signature

March 6, 2026.

🏛️Official NARA Filing:FR Doc. 2026-04826 Filed 3-10-26; 11:15 am
Billing Codes: 4410-10-P
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Scholarly & Legal Citations

Exec. Order No. 14,390, 91 Fed. Reg. 12,051 (Mar. 6, 2026).