NACDL to Focus on Service and Support for Members, Clients, and Community Throughout Virus Emergency
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Economic Crimes
NACDL’s White Collar Crime Policy Department is on the front lines combating new and unnecessary criminal laws and pushing for meaningful criminal justice reform. NACDL white collar advocacy focuses primarily on the problems of:
- Overcriminalization,
- Vicarious corporate criminal liability,
- Disproportionate and insufficiently flexible sentencing.
In support of this effort, NACDL serves as a leader in a politically diverse coalition of bar, non-profit, and business groups who advocate for a sound and just criminal justice system.
Developing resources and education opportunities for the white collar criminal defense bar is also a top priority. Through cutting edge white collar CLE programs, an active white collar crime discussion community, and an engaged white collar defense committee, NACDL brings together the best-informed criminal defense attorneys to share information and strategy. Exclusive for NACDL Members, NACDL maintains a briefs and motions bank dealing specifically with white collar crime. The White Collar Department also conducts webinars and publishes cutting-edge policy analysis on emerging issues in white collar enforcement.
Detailed information about NACDL’s white collar initiatives and links to resources can be found on the following pages.
Initiatives
- Overcriminalization Reform
- Federal Discovery Reform
- Conspiracy Reform
- Computer Fraud and Abuse Act (CFAA)
- Forfeiture Reform
- Prosecutorial Misconduct
- Foreign Corrupt Practices Act (FCPA)
- Advocacy Letters & Testimony
- White Collar Amicus Briefs
Tools
- Federal Legislation
- Computer Fraud & Abuse Pending Legislation
- Public Corruption Pending Legislation
- Mens Rea Pending Legislation
- White Collar Sentencing
- White Collar Issue Areas
- White Collar Education
- White Collar Discussion Group (members only)
- NACDL Legal Resource Center
- White Collar On The Web
- White Collar Crime Prof Blog
Tiffany May Joslyn White Collar Crime Policy Externship/Internship
The National Association of Criminal Defense Lawyers is looking for an enthusiastic and productive law student intern with a commitment to criminal defense issues to engage in a variety of projects related to federal policy analysis, nonprofit advocacy, and criminal defense scholarship. The Tiffany May Joslyn White Collar Crime Policy Internship was created in memory and honor of Tiffany Joslyn’s significant contributions to the cause of criminal justice reform, particularly in the areas of white collar and regulatory crime, overcriminalization, and the erosion of due process protections in the criminal justice system. This internship will afford a law student specifically interested in the area of white collar crime and policy with the opportunity to work directly with and learn first-hand from leaders in the field at NACDL. Learn more about this opportunity.
Recent Scholarship
On May 26, 2016, NACDL co-hosted a free law and policy symposium with the U.S. Chamber of Commerce’s Institute for Legal Reform entitled The Enforcement Maze: Over-Criminalizing American Enterprise. The day-long symposium featured key leaders from industry, academy, law, and policy across the political spectrum. Together they addressed the rise of overcriminalization, the inappropriate criminalizing of civil and regulatory matters, why laws need criminal intent requirements, fundamental flaws with the plea bargaining process, criminal discovery abuses and inadequacies of the grand jury process, as well as the use of certain pressures associated with enforcement against business and corporate individuals. For more information, see videos and commentary about the symposium.
At its spring 2015 meeting in Las Vegas, NACDL’s Board of Directors unanimously approved a resolution on criminal conspiracy law reform. The resolution is guided by a position paper drafted by NACDL’s Conspiracy Reform Subcommittee and adopts the recommendations therein. Before approving the resolution, the Board received a presentation by Subcommittee Co-Chairs Steven Morrison and John Cline on the flawed nature of existing criminal conspiracy law and the critical need for reform. The presentation focused on how existing conspiracy law results in possible constitutional violations, evidentiary unreliability, and false convictions. The Co-Chairs also presented the recommendations contained in the position paper, which would address, among other things, the overt act requirement, jury instructions, Pinkerton liability, and more. Read the Board resolution.
On November 17, 2014, at the National Press Club in Washington, DC, NACDL officially released its latest report, Material Indifference: How Courts Are Impeding Fair Disclosure in Criminal Cases, a major study produced jointly with the VERITAS Initiative at Santa Clara Law School. Complete copies of the report, executive summary, and fact sheet are available at www.nacdl.org/discoveryreform/materialindifference. Watch C-SPAN3's video coverage of the launch event.
Coronavirus Resources
Featured Products
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2020 Sample Motions Collection Update
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Champion Articles
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2020
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2019
- Challenges to Obtaining Foreign Evidence in Cross-Border Criminal Cases
- Theft of Trade Secrets: The Economic Espionage Act, China Initiative, and Silicon Valley
- Honest-Services Fraud in the Private Sector After Skilling v. United States
- Defending Hippocrates: Representing Physicians in the Wake of the Opioid Epidemic
- Is It Time to Revisit the Corporate Privilege Against Compelled Self-Incrimination?
- Storm Clouds on the Horizon: Private Equity and the False Claims Act
- White Collar Crime Policy: Wartime Suspension of Limitations Act
- Book Review: Cardiac Arrest by Howard Root and Stephen Saltarelli
- Harjo v. City of Albuquerque: A Road Map for Challenging Government Forfeiture Programs
- Criminal Forfeiture Case Law Updates
- An American Lawyer in Queen Elizabeth’s Court: How NACDL Highlighted the International Consequences
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2018
- Handling SEC Enforcement Matters
- Informal Opinion: More Than Just Taxes: Considering the Effects of the New Government Reporting Requ
- The Basics of an Office of Inspector General Investigation — Taking It Seriously
- Happy Birthday, FCPA: Implications of DOJ’s New FCPA Corporate Enforcement Policy on the Act’s 40th
- Justice Scalia and the Interpretation of Criminal Statutes
- Inside NACDL: The Supreme Court Once Again Steps in to Curtail Government Abuse of Vague Criminal Pr
- Applying the Brakes on a Runaway Train: Forfeiture and Recent Supreme Court Developments
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2017
- An Introduction to Litigating the Loss Amount in Health Care Fraud Cases
- Renewed Government Focus on Section 7212(a)
- A Primer for Representing Medical Professionals in Criminal Cases
- EB-5 Visa Fraud Cases — What Practitioners Need to Know
- Proving Money Laundering Beyond a Reasonable Doubt: The Problem of Commingled Property Under 18 USC
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2016
- From Bean Counting to Soul Searching: The Amended Definition of ‘Intended Loss’ in the Fraud Guideli
- White Collar Crime Policy: Once Again, SCOTUS Scolds DOJ for Overreaching
- The Changing Face of Corporate Prosecutions
- Representing Individuals in International Investigations
- Restitution in Federal White Collar Cases: Squeezing Blood From a Stone
- Inside NACDL: NACDL’s Relentless Efforts to End Overcriminalization
- The Scope and Limitations of the Kovel Accountant
- If You Give a Judge a Case: Judicial Oversight of Deferred Prosecution Agreements
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2015
- ‘And the Hits Just Keep on Coming’ — The Collateral Consequences of a Criminal Conviction for Health
- Inside NACDL: Overcriminalization: It Can Be Complex or Simple, But It Is Always Wrong
- The Rule of Lenity Redivivus: New Interest In an Old Doctrine
- The Newman Decision And Its Ramifications
- The SEC’s New Admissions Policy Means Sometimes Having to Say You’re Sorry
- White Collar Crime Policy: Legislative Update: There's Hope on the Horizon
- From the President: The Time Has Come for Forfeiture Reform
- Changing the Rules of the House: A Tangible Step to Stem the Tide of Overcriminalization (Inside NAC
- Overcriminalization and the Trial Penalty: Gaining Traction One Case — And One Justice — at a Time (
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2014
- Protecting the Attorney-Client Privilege When the Government Executes a Search Warrant
- If I Can’t Be in the Grand Jury Room, Maybe My PowerPoint Can: Revisiting The Government’s Duty To P
- Whether Fish or Fowl — Prosecutorial Overreach Is a Poisonous Aspect of Overcriminalization (Inside
- White Collar Crime Policy
- Responding to Search Warrants in White Collar Criminal Investigations
- Ethical and Strategic Issues Unique to Tax Cases
- The Martoma Verdict And the Perils of Insider Trading Cases (White Collar Crime)
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2013
- A Lamentable Example of Overcriminalization: HIV Criminalization (Inside NACDL)
- A Report on Behalf of the American Bar Association Task Force on the Reform Of Federal Sentencing Fo
- From the President: NACDL’s Mission and the White Collar Department
- Is Title III Dead? The Future of Wiretap Challenges in the Wake of Rajaratnam
- Do You Accept Insurance? A Practitioner’s Guide to Coverage Issues in White Collar Cases
- Can Violating a Work Rule Make You a Criminal?
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2012
- Stopping the Train Before It Leaves the Station: Convincing Prosecutors Not to Charge Your Client
- The SEC’s Cooperation Initiative — Nearly Three Years Later, What’s the Deal?
- Jury Instructions: Key Topics in Federal White Collar Cases
- The Willfulness Element of a False Statement Charge
- Defense Strategies and Compliance Issues in The New Insider Trading Environment
- The Most Effective Opening Statement Ever Given?
- Let Counsel Beware: Overzealous Bankruptcy Practice Can Lead To a Prison Cell
- When It Comes to Overcriminalization, Prosecutorial Discretion Is for the Birds (Inside NACDL)
- Tilted: The Trials of Conrad Black
- Are Antitrust Violations Crimes Involving Moral Turpitude?
- The New British Invasion: Will the UK Bribery Act of 2010 Eclipse the FCPA?
News of Interest
- "Editorial: Righting a wrong,"
- "Are Recent Stock Sales by Members of Congress the Tip of the Insider Trading Iceberg?,"
- "Alabama High Court Narrows Ethics Convictions Against Ex-House Speaker,"
- "A Silver Lining for New York’s Former Assembly Speaker,"
- "Michigan County Prosecutor Charged With Embezzling Asset Forfeiture Funds,"