111th Congress (2009-2010)

It seems that Congress introduces a new criminal offense nearly every day and frequently those offenses are poorly drafted, lacking an adequate mens rea requirement, or duplicative of existing criminal law. Active tracking of white collar-related government legislation and activity forms a cornerstone of our mission: To develop timely and effective responses to relevant legislation, both through our own membership and through coalition-building. This page details white collar-related criminal legislation of particular concern from the 111th Congress. Each listing includes a description of the bill and select related resources.

Bill Summaries

ALERT! NACDL Raises Serious Concerns Over Criminal Provisions in the Financial Reform Bill  

H.R. 1947, The "Accountability in Deferred Prosecution Act of 2009" - This bill seeks to require the regulation and disclosure of deferred prosecution agreements (“DPAs”) and non-prosecution agreements (“NPAs”) made between the Department of Justice and potential corporate defendants. ...more  

S. 1843, The "Strengthening Enforcement for Health Care Fraud Crimes Act of 2009" - This bill seeks to amend the federal criminal code to revise the elements of the crime of health care fraud. In addition, the bill also imposes a mandatory minimum penalty of six months imprisonment in cases where the health care fraud results in losses of $100,000 or more. NACDL opposes S. 1843 and believes that the proposed mandatory minimum is an ineffective and costly perpetuation of unjust sentencing. ...more  

H.R. 3327, The "Ramos-Compean Justice Act of 2009" - This bill seeks to amend 18 U.S.C. § 3553 to allow a federal court to impose a sentence below a statutory minimum if the court finds that it is necessary to do so in order to avoid violating the requirements of § 3553(a)....more  

S. 49 & H.R. 2822, The "Public Corruption Prosecution Improvements Act" - This bill is a Congressional response to the instances of corruption by public officials that have come to light in recent years. Both bills substantially expand federal criminal statutes aimed at prosecuting public corruption in multiple ways.  ...more  

S. 378 & H.R. 1793, The "Money Laundering Control Enhancement Act of 2009" & The "Money Laundering Correction Act of 2009" - These bills seek to expand the scope of 18 U.S.C. § 1956, the current money laundering statute, by amending the term “proceeds” to include the gross receipts of a criminal activity. Additionally, the House bill modifies the statute to no longer require the defendant to have purposely concealed ill-gotten money, but rather to make evidence that the money was hidden sufficient for a conviction. ...more 

S. 386 & H.R. 1748, "The Fraud Enforcement and Recovery Act of 2009" ("FERA") - These bills are an attempt by Congress to increase fraud enforcement efforts in the wake of the economic downturn. FERA includes a variety of provisions ranging from expansions of current statutes, a legislative reversal of United States v. Santos, 128 S. Ct. 2020 (2008), and additional appropriations for federal law enforcement. ...more  

S. 445 & H.R. 4326, The "Attorney-Client Privilege Protection Act" - These bills are designed to preserve the attorney-client privilege and attorney work-product protections available to a company or organization, and to safeguard the constitutional rights and other legal protections available to employees of such an organization. The Act places practical and clearly defined limits on a federal agency’s power to coerce or pressure an organization to waive its legitimate legal protections or to act against the interests of its employees during the course of an investigation. ...more 

S. 569, The "Incorporation Transparency and Law Enforcement Assistance Act" - This bill seeks to bring the United States incorporation practices for corporations and limited liability companies (LLCs) into conformity with the rest of the international community. The Act hopes to prevent criminals from concealing their identities when forming corporations or LLCs in the United States and using these entities to commit acts of terrorism or crimes such as drug trafficking, money laundering, tax evasion, and financial fraud. ...more   

S. 714, The "National Criminal Justice Commission Act of 2009"- This bill establishes an 11-member commission, known as the “National Criminal Justice Commission,” to undertake a comprehensive review of the United State’s criminal justice system. ...more 

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