A law passed in 2020 requires small businesses to file a report listing their beneficial owners to the Financial Crimes Enforcement Network (FinCEN) at a date to be determined after FinCEN has issued implementing regulations. The law does not apply to companies that have more than 20 employees or have more than $5 million in annual gross receipts.

Kyle O'Dowd, Shana-Tara Regon and Michael Price, Notes from the Defense Bar: Fighting for Reform on Three Fronts During the Obama Administration, Federal Sentencing Reporter (December 2010).

The Antitrust Division's Corporate Leniency Policy: A Deal is a Deal

for its Leniency Program

NACDL Update - In what appears to be a response to its loss in United States v. Stolt‐Nielsen SA, the U.S. Department of Justice, Antitrust Division, has revised/clarified its Leniency Program guidelines.

NACDL Update – On Tuesday, the United States Court of Appeals for the Second Circuit upheld the jury conviction of Defendant-Appellant Ionia Management S.A. in the matter of U.S. v. Ionia Management S.A. (07-5801-cr, 08-1387-cr) for “violat[ion] of the Act to Prevent Pollution on Ships by failing to ‘maintain’ an oil record book while in U.S. waters as required by 33 C.F.R. § 151.25.”

A new development in New Mexico courts in the matter of In re Grand Jury Presentation Concerning James Bort Jones resulting in a pre-indictment mechanism enabling investigation targets to alert grand jury to exculpatory evidence.

One thing is clear about the practice we call white collar criminal defense – it is constantly changing and evolving! The issues are increasingly complex and the press coverage more intense than ever before. This page is a vehicle to keep you informed of breaking news, cutting edge developments, and recent scholarship.

NACDL Update – The National Law Journal reports, according to a forthcoming study conducted by Lawrence D. Finder, Ryan D. McConnell, and Scott L. Mitchell, that the number of deferred prosecution agreements (DPAs) and non-prosecution agreements (NPAs) between the Department of Justice and corporations has declined by 60% in 2008. This is a sharp drop from a historic high of 40 DPAs and NPAs in 2007 to only 16 DPAs and NPAs in 2008. The study also reports a significant decline in the inclusion of privilege-waiver provisions in DPA/NPAs.

The Bridgegate Scandal, as Kelly v. United States grew to be called, spawned from political power, greed and revenge, and resulted in the deterioration of public trust. The actions of the defendants, however, were not criminal.

The Sentencing Guidelines regularly create unjust results in white collar cases. Loss calculations, which are not tethered to reality or related to actual culpability, produce sentences that are astoundingly high and do not serve the goals of sentencing. The risk of being sentenced under these draconian guidelines effectively precludes defendants from exercising their Sixth Amendment right to a trial. This page contains resources on the U.S. Sentencing Commission as it relates to white collar sentencing and possible reform.  

The Sentencing Guidelines regularly create unjust results in white collar cases. Loss calculations, which are not tethered to reality or related to actual culpability, produce sentences that are astoundingly high and do not serve the goals of sentencing. The risk of being sentenced under these draconian guidelines effectively precludes defendants from exercising their Sixth Amendment right to a trial. This page contains case materials related to white collar sentencing.

Department of Justice memorandum on sentencing, including sections on the prosecutor's role in sentencing, selecting charges, and plea agreements.

The Sentencing Guidelines regularly create unjust results in white collar cases. Loss calculations, which are not tethered to reality or related to actual culpability, produce sentences that are astoundingly high and do not serve the goals of sentencing. The risk of being sentenced under these draconian guidelines effectively precludes defendants from exercising their Sixth Amendment right to a trial. This page contains general resources on white collar sentencing and possible reform.

The Sentencing Guidelines regularly create unjust results in white collar cases. Loss calculations, which are not tethered to reality or related to actual culpability, produce sentences that are astoundingly high and do not serve the goals of sentencing. The risk of being sentenced under these draconian guidelines effectively precludes defendants from exercising their Sixth Amendment right to a trial. This page contains law reviews and publications on white collar sentencing and possible reform.

Brief Of Amicus Curiae National Association Of Criminal Defense Lawyers in Support of Petition for Writ of Certiorari.

Argument: Broad forfeiture rules chill vital defense arguments. Broad forfeiture rules force defendants into a Hobson’s choice between constitutional rights. Broad forfeiture rules undermine the institution of the criminal trial. NACDL submits this brief in support of the petition for certiorari because the issue presented in this case—whether a criminal defendant who “opens the door” to responsive evidence also forfeits the right to exclude evidence otherwise barred by the Confrontation Clause—is of paramount importance to criminal defense attorneys throughout the country and the clients they represent.