NACDL - National Association of Criminal Defense Lawyers

NACDL, with its diverse membership of 10,000 spanning state, federal, and military practice, wishes to express its views on preferred Commission priorities. We concur with other advocates and stakeholders that current sentences are excessively long, and certain sentencing factors disproportionately affect racial minorities within the criminal legal system. Whatever issues the Commission determines to prioritize, these flaws should be foremost in considering potential amendments.

We, the undersigned organizations, write in opposition to S. 686, the “Restricting the Emergence of Security Threats that Risk Information and Communications Technology Act,” or the “RESTRICT Act.” The RESTRICT Act aims at information and communications (ICTs) technologies like TikTok that are considered a threat to the United States. 

Letter with the American Civil Liberties Union to members of the U.S. House regarding a proposed amendment to the National Defense Authorization Act (NDAA) for the next fiscal year addressing beneficial ownership reporting (Corporate Transparency Act of 2019, H.R. 2513).

Letter to the Federal Deposit Insurance Corporation (FDIC) regarding proposed changes to Section 19, which regulates restrictions for people with relevant criminal convictions.

Letter with ACLU to U.S. House leadership regarding Corporate Transparency Act of 2019 H.R.2513, addressing rules on beneficial ownership (116th Congress).

Letter to the Senate Judiciary Committee regarding overcriminalizing and overcharging outlined in the Combating Money Laundering, Terrorist Financing, and Counterfeiting Act of 2019 (S. 1883).

Letter with ACLU to House Financial Services Committee leadership regarding Corporate Transparency Act of 2019 H.R.2513, addressing rules on beneficial ownership (116th Congress).

Letter with ACLU to House Financial Services Committee leadership regarding Corporate Transparency Act of 2019 H.R.2513, addressing rules on beneficial ownership (116th Congress).

Coalition letter to leaders of the House Financial Services Subcommittees on Terrorism and Illicit Finance and Financial Institutions and Consumer Credit regarding proposals to expand and add penalties for information sharing and paperwork violations by banking and financial services institutions, as outlined in the discussion draft of Counter Terrorism and Illicit Finance Act (to become H.R. 6068, 2018).

Coalition letter to the House Appropriations Subcommittee on Commerce, Justice, Science, and Related Agencies and House leadership regarding proposed amendments to the 2018 appropriations bill that would limit civil forfeiture expansion and protect property rights for those not charged or convicted of a crime (see H.R. 3354 (2017)).

Letter to the Senate Banking, Housing, and Urban Affairs Committee regarding proposed changes to beneficial ownership rules and penalties for violations, as addressed in the Corporate Transparency Act of 2017 (S. 1717).

Letter to the Senate Judiciary Committee regarding proposed changes to beneficial ownership rules and penalties for violations, as addressed in the True Incorporation Transparency for Law Enforcement (TITLE) Act (S. 1454, 2017).

Letter to the House Financial Services Committee regarding proposed changes to beneficial ownership rules and penalties for violations, as addressed in the Corporate Transparency Act of 2017 (H.R. 3089, 2017).

Coalition letter to members of the House regarding proposed amendments to the 2018 appropriations bill that would limit civil forfeiture expansion and protect property rights for those not charged or convicted of a crime (see H.R. 3354 (2017)).

Coalition letter to House and Senate leadership and Congressional leadership regarding the overreach of federal civil forfeiture and its use before people are convicted of any offense, undermining the presumption of innocence.

Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

President Gerry Morris's letter to the House Financial Services Committee regarding procedural changes to administrative proceedings with the Securities Exchange Commission as proposed in the Due Process Restoration Act of 2015 (H.R. 3798).

Executive Director Norman Reimer's letter to the Ohio House Judiciary Committee regarding a proposal to eliminate the civil forfeiture process and rely only on criminal forfeiture and its requirements (HB 347, 2015).

Coalition letter to members of the House and Senate Judiciary Committees regarding proposed reforms to federal forfeiture law.

Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.

Effective cybersecurity laws are critical to maintaining both the national security and economic advancement of the U.S. But this security should not come at the expense of civil liberties and innovation. The Computer Fraud and Abuse Act does just that—it unnecessarily sacrifices civil liberties and innovation in the name of cybersecurity. … The upcoming hearing of Ms. Loretta Lynch, on her nomination for Attorney General, will provide a unique opportunity to shine a spotlight on this ongoing tension between attempts to expand the CFAA’s provisions and the need for meaningful reform.

Letter to members of Congress regarding much-needed reforms to federal civil asset forfeiture laws, as addressed in the Fifth Amendment Integrity Restoration (FAIR) Act of 2015 (H.R. 540/S. 255)

Coalition letter to the House Judiciary Committee regarding proposed changes to sentencing and other aspects of human trafficking offenses, as addressed in the Justice for Victims of Trafficking Act of 2015 (H.R. 181) and Stop Advertising Victims of Exploitation (SAVE) Act of 2015 (H.R. 285).

Coalition Letter to Speaker of the House John Boehner regarding a proposed amendment to clarify the jurisdiction of the House Judiciary Committee.

Letter to members of Congress regarding much-needed reforms to federal civil asset forfeiture law as addressed in the Civil Asset Forfeiture Reform Act of 2014 (H.R. 5212).

Written Statement of Steven D. Benjamin on behalf of National Association of Criminal Defense Lawyers Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “The Crimes on the Books and Committee Jurisdiction”

Written Statement of Rick Jones, Executive Director Neighborhood Defender Service of Harlem On behalf of the National Association of Criminal Defense Lawyers Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Collateral Consequences”

Written Statement of NACDL member John D. Cline, Esq. of San Francisco, CA before the House Committee on the Judiciary Over-Criminalization Task Force Re: Reform of the Federal Criminal Code

Written Statement of Norman L. Reimer, Executive Director National Association of Criminal Defense Lawyers Before the House Committee on the Judiciary Over-Criminalization Task Force Re: “Mens Rea: The Need for a Meaningful Intent Requirement in Federal Criminal Law”

Letter to the U.S. Sentencing Commission regarding USSC priorities in the current (2014) amendment cycle.