September/October 2026

September/October 2026 Cover

For a corporate client considering voluntary disclosure, what are the implications of DOJ’s March 2026 corporate enforcement and voluntary self-disclosure policy?

 

Articles in this Issue

  1. Affiliate News

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

    Jessica Stepan

  2. Book Review: By Hands Now Known by Margaret A. Burnham

    This month Jon M. Sands reviews By Hands Now Known: Jim Crow’s Legal Executioners by Margaret A. Burnham.

    Jon M. Sands

  3. Book Review: Death in Custody by Roger A. Mitchell Jr. and J.D. Aronson

    This month Matthew T. Mangino reviews Death in Custody: How America Ignores the Truth and What We Can Do About It by Roger A. Mitchell Jr. and J.D. Aronson.

    Matthew T. Mangino

  4. Compliance Programs, Declinations, and the DOJ’s New Corporate Enforcement Policy

    The implications of DOJ’s March 2026 corporate enforcement and voluntary self-disclosure policy (CEP) include a focus on speedy investigations and self-reporting, disciplined internal investigations, specific and measurable cooperation, and early decision-making. This article summarizes the CEP and provides a practitioner checklist for advising corporate clients considering voluntary disclosure.

    Karen Kelly and Jacob Paikin

  5. From the President: Becoming the Lawyer Your Client Needs

    How do lawyers learn? The sooner lawyers grow, the more they can help their clients. The fastest way to improve at anything is through deliberate practice.

    C. Melissa Owen

  6. Introducing the Criminalization of Voting Rapid Response Team

    To determine whether they are eligible to vote, system-impacted people in many states are forced to navigate a complicated web of state laws governing felony disenfranchisement and voting rights restoration. At the federal level, prosecutions of noncitizens who register and vote are on the rise. NACDL’s Rapid Response Team is ready to help.

    Arianna Khan and Blair Bowie

  7. Loper Bright Shut the Door on Deference to Agencies, but May Open a Window

    for White Collar Criminal Defense Lawyers

    Amelia Schmidt urges white collar lawyers to consider whether the Supreme Court’s Loper Bright decision gives them a basis to challenge a regulatory-based criminal charge by arguing that an agency has either exceeded its authority under a statute or, in the alternative, that the statute unconstitutionally lets the agency define crimes.

    Amelia Schmidt

  8. NACDL News: Four Honored at NACDL’s Annual Meeting

    NACDL News for September-October 2026

    Jessie Diamond and Jonathan Hutson

  9. NACDL News: Gerald Lippert Marks 25 Years of Service at NACDL

    NACDL News for September-October 2026

    Quintin Chatman

  10. NACDL News: Katherian D. Roe Receives Champion of Justice Award

    NACDL News for September-October 2026

    Jessie Diamond and Jonathan Hutson

  11. NACDL News: NACDL Hails Landmark Supreme Court Ruling Upholding Privacy Rights in the Digital Age

    NACDL News for September-October 2026

    Jessie Diamond and Jonathan Hutson

  12. NACDL News: NC Lawyer C. Melissa Owen Installed as President of Nation’s Criminal Defense Bar

    NACDL News for September/October 2026

    Jessie Diamond and Jonathan Hutson

  13. NACDL News: Students and Practitioners Gather at Stetson

    NACDL News for September-October 2026

    Jessie Diamond and Jonathan Hutson

  14. Pozner on Cross: White Collar Defenses Making Use of Supposedly Incriminating Documents or Conduct

    Larry Pozner discusses white collar defenses making use of supposedly incriminating documents or conduct.

    Larry Pozner

  15. Reviews in Review

    Reviews in Review for September-October 2026.

    Ellen S. Podgor

  16. Stretched Too Far: Abouammo and the Limits of § 1519 Venue

    The government prosecuted Ahmad Abouammo under 18 U.S. C. § 1519 in a jurisdiction where the alleged crime did not occur, and the Supreme Court struck the conviction down for lack of venue. It sounds simple enough, but there is more here than meets the eye. The Supreme Court’s decision gives rise to powerful arguments criminal defense attorneys can use in cases beyond this white collar obstruction statute.

    Ellen S. Podgor

  17. Supreme Court 2025–2026 Criminal Law Review

    Elizabeth Unger Carlyle recaps some of the important criminal law cases of the 2025-2026 Term.

    Elizabeth Unger Carlyle