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White Collar Crime Issue (Inside NACDL)
By Norman L. Reimer
Inside NACDL columns.
This special issue of The Champion, which coincides with NACDL’s Fifth Annual White Collar Seminar, is a perfect occasion to highlight the Association’s white collar crime policy initiatives.
Issues of general concern to the defense bar are increasingly apparent in white collar crime enforcement policies. While this may not have been the case a generation ago, an incendiary combustion of political opportunism and media fascination has taken the “war on crime,” with all of its potential abuses, from Main Street to Wall Street. Governmental excess is now just as likely to occur in the boardroom as it is in any other venue. And the impact of those enforcement policies often falls most harshly on vulnerable mid-level managers, rank-and-file employees, and sometimes shareholders.
The source of this excess is rampant overcriminalization — an unprecedented resort to criminal sanction as a routine regulatory tool.1 The federal code now has more than 4,500 criminal provisions, as well as untold n
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