The Champion

August 2009 , Page 55 

Search the Champion Looking for something specific?

Preview of Member Only Content

For full access: login or Become a Member Join Now

White Collar Crime Policy

By Tiffany M. Joslyn

Read more White-Collar Crime columns.

FERA’s Silver Lining — An Account of NACDL’s Efforts Combating Overcriminalization

In response to the financial crisis, Congress passed the Fraud Enforcement Recovery Act (FERA),1 adding a few more crimes to the more than 4,450 that comprise the federal criminal code. In addition, FERA legislatively reverses the Supreme Court’s recent defendant-friendly decision United States v. Santos,2 which correctly limited the term “proceeds,” as used in the principal money laundering statute, to the profits of a crime, not its receipts.3 

That said, FERA does have a silver lining, which is due in large part to the extensive and persistent efforts of NACDL to educate Capitol Hill on FERA’s problematic provisions. While these efforts could not stop Congress from acting on its compulsion to criminalize, it did stop some of the most troubling money laundering proposals from gaining traction and tempered the prosecutorial advantage created by the legislative reversal of Santos.

As it has been said before

Want to read more?

The Champion archive is reserved for NACDL members.

NACDL members, please login to read the rest of this article.

Not a member? Join now.
Join Now
Or click here to see an overview of NACDL Member benefits.

See what NACDL members say about us.

To read the current issue of The Champion in its entirety, click here.

  • Media inquiries: Contact NACDL's Director of Public Affairs & Communications Ivan J. Dominguez at 202-465-7662 or
  • Academic Requests: Full articles of The Champion Magazine are available for academic and research purposes in the WestLaw and LexisNexis databases.

In This Section

Advertisement Advertise with Us