White Collar

wcc-in-jail_smallNACDL’s White Collar Crime Policy Department is on the front lines right now combating new and unnecessary criminal legislation and pushing for meaningful criminal justice reform. Our advocacy focuses primarily on the problems of overcriminalization, vicarious corporate criminal liability, and disproportionate and insufficiently flexible sentencing, among others. In support of this effort, NACDL serves as a leader in a politically diverse coalition of bar, non-profit and business groups who advocate for a sound and just criminal justice system.

Developing resources and education opportunities for the white collar criminal defense bar is also a top priority. Through cutting edge white collar CLE programs, an active white collar crime discussion community, and service on the white collar defense committee, we bring together the best-informed criminal defense attorneys to share information and strategy. Exclusive for NACDL Members, we maintain a briefs and motions bank dealing specifically with white collar crime and recently developed a filings bank devoted to post-Skilling honest services fraud cases. The department frequently conducts and publishes cutting-edge policy analysis on emerging issues in white collar enforcement.

This main page serves as a blueprint for the White Collar Crime Policy Department’s work. Extensive information about our initiatives and links to all of our tools can be found on the following pages.

Recent Scholarship

Enforcement Maze On May 26, 2016, NACDL co-hosted a free law and policy symposium with the U.S. Chamber of Commerce’s Institute for Legal Reform entitled The Enforcement Maze: Over-Criminalizing American Enterprise. The day-long symposium featured key leaders from industry, academy, law, and policy across the political spectrum. Together they addressed the rise of overcriminalization, the inappropriate criminalizing of civil and regulatory matters, why laws need criminal intent requirements, fundamental flaws with the plea bargaining process, criminal discovery abuses and inadequacies of the grand jury process, as well as the use of certain pressures associated with enforcement against business and corporate individuals. For more information, videos and commentary about the symposium is available here.

Criminal Conspiracy Report At its spring 2015 meeting in Las Vegas, NACDL’s Board of Directors unanimously approved a resolution on criminal conspiracy law reform. The resolution is guided by a position paper drafted by NACDL’s Conspiracy Reform Subcommittee and adopts the recommendations therein. Before approving the resolution, the Board received a presentation by Subcommittee Co-Chairs Steven Morrison and John Cline on the flawed nature of existing criminal conspiracy law and the critical need for reform. The presentation focused on how existing conspiracy law results in possible constitutional violations, evidentiary unreliability, and false convictions. The Co-Chairs also presented the recommendations contained in the position paper, which would address, among other things, the overt act requirement, jury instructions, Pinkerton liability, and more. Read the Board resolution here and the report is available here

Material Indifference CoverOn November 17, at the National Press Club in Washington, DC, NACDL officially released its latest report, Material Indifference: How Courts Are Impeding Fair Disclosure in Criminal Cases, a major study produced jointly with the VERITAS Initiative at Santa Clara Law School. Complete copies of the report, executive summary, and fact sheet are available at www.nacdl.org/discoveryreform/materialindifference. C-SPAN3's video coverage of the launch event is available here.

CLE Programs

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Join NACDL in beautiful San Diego for the 6th Annual West Coast White Collar Conference where our focus is on pure substance, the hottest topics, and offering our attendees the best faculty in the practice of white collar defense, while also providing great networking events and activities. For more information, click here! 

News Of Interest

"Fraud and Other Threats to Medicare," by The Editorial Board, The New York Times, July 28,2016.

"Florida Judge Says Bitcoin Not Money, Selling it Can't Make You Violate a Money Transmitter Statute," by Brian Doherty, Reason.com, July 25, 2016.

"Fed Prepares Action Against Goldman Sachs in Leak Case," by Ben Protess and Jessica Silver-Greenberg, The New York Times, July 25, 2016.

"Prosecutors want month to consider Bob McDonnell ruling," by Rachel Weiner, The Washington Post, July 22, 2016.

"Law Firms a “Weak Spot” in Money Laundering Detection," by Sara Randazzo, The Wall Street Journal, July 22, 2016.

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