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White Collar

wcc-in-jail_smallNACDL’s White Collar Crime Policy Department is on the front lines combating new and unnecessary criminal laws and pushing for meaningful criminal justice reform. NACDL white collar advocacy focuses primarily on the problems of:

•  Overcriminalization,
•  Vicarious corporate criminal liability,
•  Disproportionate and insufficiently flexible sentencing.

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 an engaged white collar defense committee, NACDL brings together the best-informed criminal defense attorneys to share information and strategy. Exclusive for NACDL Members, NACDL maintains a briefs and motions bank dealing specifically with white collar crime. The White Collar Department also conducts webinars and publishes cutting-edge policy analysis on emerging issues in white collar enforcement.

Detailed information about NACDL’s white collar initiatives and links to resources can be found on the following pages.

Tiffany May Joslyn White Collar Crime Policy Externship/Internship

TiffanyThe National Association of Criminal Defense Lawyers is looking for an enthusiastic and productive law student intern with a commitment to criminal defense issues to engage in a variety of projects related to federal policy analysis, nonprofit advocacy, and criminal defense scholarship. The Tiffany May Joslyn White Collar Crime Policy Internship was created in memory and honor of Tiffany Joslyn’s significant contributions to the cause of criminal justice reform, particularly in the areas of white collar and regulatory crime, overcriminalization, and the erosion of due process protections in the criminal justice system. This internship will afford a law student specifically interested in the area of white collar crime and policy with the opportunity to work directly with and learn first-hand from leaders in the field at NACDL. To learn more about this opportunity, click here.

Recent Scholarship

Enforcement MazeOn 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 ReportAt 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, 2014, 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.

 

News Of Interest

"New DOJ Guidance on Evaluating Corporate Compliance in Criminal Antitrust Investigations," by Ellen Podgor, White Collar Crime Prof Blog, July 16, 2019.

"In U.S. Crackdown on Foreign Agents, Lawyers in Spotlight," by Aruna Viswanatha and Byron Tau, Wall Street Journal, July 16, 2019.

"Trump Signs New Law To Protect Innocent Small Business Owners From IRS Seizures," by Nick Sibilla, Forbes, July 10, 2019.

"U.S. Imposes Sanctions on Hezbollah Officials Accused of Supporting Iran," by Alan Rappeport, New York Times, July 9, 2019.

"Trump Administration Will Allow Some Companies to Sell to Huawei," by Jim Tankersley and Ana Swanson, New York Times, July 9, 2019.

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