White Collar

wcc-in-jail_smallNACDL’s White Collar Crime Policy Department is on the front lines right now combating new and unnecessary criminal legislation and pushing for meaningful criminal justice reform. Our advocacy focuses primarily on the problems of overcriminalization, vicarious corporate criminal liability, and disproportionate and insufficiently flexible sentencing, among others. 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 service on the white collar defense committee, we bring together the best-informed criminal defense attorneys to share information and strategy. Exclusive for NACDL Members, we maintain a briefs and motions bank dealing specifically with white collar crime and recently developed a filings bank devoted to post-Skilling honest services fraud cases. The department frequently conducts and publishes cutting-edge policy analysis on emerging issues in white collar enforcement.

This main page serves as a blueprint for the White Collar Crime Policy Department’s work. Extensive information about our initiatives and links to all of our tools can be found on the following pages.

Recently Released Report

Criminal Conspiracy Report 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 here and the report is available here

Material Indifference CoverOn November 17, 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. C-SPAN3's video coverage of the launch event is available here.

CLE Programs

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Produced in cooperation with the Stein Center for Law and Ethics, this year’s program returns to Fordham Law School  in New York City on October 21-24, 2015, and will be held in conjunction with the NACDL Fall Board Meeting. For more information, click here!  

News Of Interest

"Op-Ed: The Dubious Charms of Criminal Conspiracy," by Steven R. Morrison, The National Law Journal, June 15, 2015.

"The Thin Gruel of the Hastert Prosecution," by Scott Horton, Politico, May 29, 2015.

"The Conspiracy Conspiracy," by Matt Kaiser, Above the Law, May 14, 2015.

"Court: Border Search of Businessman's Laptop 'Unreasonable'," by Anne Flaherty, Associated Press, May 8, 2015.

"Politics as usual often isn’t a crime," by Harvey Silverglate, The Boston Globe, May 6, 2015.

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