Washington, DC (April 11, 2012) – The National Association of Criminal Defense Lawyers (NACDL) participated today in a roundtable discussion concerning the Foreign Corrupt Practices Act (FCPA), hosted by the U.S. Chamber Institute for Legal Reform and including senior officials from the U.S. Department of Justice, the Securities and Exchange Commission, and the Department of Commerce, as well as numerous business groups and trade associations.
Reflecting the importance of this meeting and the issues addressed, these executive agencies were represented at today’s meeting by several senior officials, including Criminal Division Assistant Attorney General Lanny Breuer, DOJ Fraud Unit Chief Denis McInerney as well as deputy chiefs of that unit Jeffrey Knox and Charles Duross. Also in attendance was the Department of Commerce General Counsel Kerry Cameron, the SEC’s Director of Enforcement Robert Khuzami, and Kara Brockmeyer, chief of the SEC’s FCPA Unit.
On February 21 of this year, NACDL joined the U.S. Chamber Institute for Legal Reform and more than 30 other trade and business groups, on a letter to the DOJ and SEC identifying several concerns regarding criminal enforcement of the FCPA in connection with official guidance that DOJ has promised to issue in order to bring clarity to the law. A copy of that letter is available here. NACDL has been engaged in FCPA legislative reform efforts for quite some time, including testimony before the U.S Congress. A copy of NACDL’s June 14, 2011 testimony, submitted and delivered by NACDL White Collar Crime Policy Director Shana-Tara Regon, is available here.
NACDL was represented at the meeting by the association’s White Collar Crime Committee’s FCPA subcommittee chair, attorney Mark J. Rochon of the Washington D.C. office of Miller & Chevalier. “It was a constructive and positive discussion. Obviously, we will have to wait until the guidance is released to see if it addresses the core concerns of NACDL’s members. It may well be that as to some issues, only legislative action would sufficiently protect the interests of individuals and entities charged under this statute,” Rochon said.
Business groups and trade associations participating in today’s meeting included the Financial Services Roundtable, the National Foreign Trade Council, PhRMA, the Professional Services Council, the National Association of Manufacturers, and others.
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The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal justice system.