September-October 2023

September-October 2023 Cover

Jim Brosnahan reveals 10 lessons for trying white collar criminal cases.


Articles in this Issue

  1. 10 Lessons for Trying White Collar Criminal Cases

    White collar cases are complex, and the clients in these cases are often part of society’s higher social strata. From “being bold” at the first meeting with the client to dealing with the client’s desire to talk to the press, veteran defense attorney Jim Brosnahan offers 10 tips that will make a white collar representation smoother.

    Jim Brosnahan

  2. Affiliate News

    What events are NACDL affiliates hosting this month? Find out here.

    Jessica Stepan

  3. Bill Summers: A Tireless Love of the Law

    NACDL remembers the influence of William "Bill" Summers.


  4. Book Review: The Riders Come Out at Night by Ali Winston and Darwin BondGraham

    This month Julian Hope Wallace reviews The Riders Come Out at Night: Brutality, Corruption, and Cover-Up in Oakland by Ali Winston and Darwin BondGraham.

    Julian Hope Wallace

  5. From the President: Let’s End Our ‘Two-Tiered’ Criminal Legal System

    (But First, Let’s Define What This Means)

    The criminal legal system is broken and will remain so until those with power to effect change listen to the people who, for decades, have been marginalized, abused, and victimized by this financially segregated and socially biased system.

    Michael P. Heiskell

  6. Guarding and Utilizing Mobile Phone Data: A Guide for White Collar Practitioners

    White collar lawyers must weigh various considerations in determining how to obtain mobile phone data or limit the government’s access to data. When can the government compel a client to provide the passcode to a mobile device? What is the significance of whether an executive’s mobile phone is owned by the executive or the corporation? This article provides tips about obtaining, protecting, preserving, and reviewing data on mobile phones.

    Ingrid S. Martin, Michael R. DiStefano, and Lorraine D. Belostock

  7. In Tribute: Charles Ogletree, a Teacher of Presidents, Inspired Greatness by Example

    Ronald S. Sullivan Jr. reflects on the influence of Charles J. Ogletree, Jr.

    Ronald S. Sullivan Jr.

  8. Intended Loss Under the Sentencing Guidelines

    The Sentencing Guidelines provide for an increase in the offense level for most fraud or theft offenses based on the amount of “loss” determined by the court. Loss is not defined in the Sentencing Guidelines. However, the commentary defines loss as “the greater of actual loss or intended loss.” Megan Siddall explores a new argument that loss should be limited to actual loss – and not intended loss – in the wake of the Supreme Court’s decision in Kisor v. Wilkie.

    Megan Siddall

  9. NACDL News: NACDL Presents Four Awards at 2023 Annual Meeting

    NACDL News for September/October 2023

    Jessie Diamond, Kate Holden, and Jonathan Hutson

  10. NACDL News: Noted Fort Worth Attorney Michael Heiskell Installed as President of NACDL

    NACDL News for September/October 2023

    Jessie Diamond, Kate Holden, and Jonathan Hutson

  11. NACDL News: Summer Fellow Santana Kavanaugh Brings Human Rights Lens to NACDL’s Advocacy Projects

    NACDL News for September/October 2023

    Jessie Diamond, Kate Holden, and Jonathan Hutson

  12. NACDL News: Weiner Returns to Chicago-Kent to Deliver 2023 Commencement Address

    NACDL News for September/October 2023

    Jessie Diamond, Kate Holden, and Jonathan Hutson

  13. Perspective: Depression and the Practice of Criminal Law

    How Depression Can Be a Ruthless Saboteur for the Criminal Defense Practitioner

    Why are criminal defense lawyers especially prone to depression? What should lawyers do when their sixth sense tells them someone around them may be dangerously depressed?

    Dean Watts

  14. Using Rule 17(c) to Obtain Materials From Third Parties

    Rule 17 of the Federal Rules of Criminal Procedure provides the only means for a criminal defendant to obtain materials from third parties. Despite its broad language, the courts’ application of Rule 17 over the years has seriously limited its usefulness. Marci LaBranche and Carey Bell discuss problems with how the rule has been applied, the current state of Rule 17(c) practice, and how to make a record that encourages change.

    Marci LaBranche and Carey Bell

  15. White Collar Crime Policy: DOJ Issues New Corporate Guidelines and Pilot Program

    on Employee Compensation Clawbacks

    Department of Justice guidance issued in March 2023 provided prosecutors with a set of criteria to use when evaluating the compliance programs of corporations facing a resolution to criminal charges, such as a plea agreement, deferred prosecution agreement, or non-prosecution agreement.

    Nathan Pysno