Read about the government’s use of informants and cooperating witnesses in white collar cases and see a checklist of defenses for practitioners handling FCPA cases.
Articles in this Issue
A Defenders Home on the Web
NACDL is launching its new presence on the Internet this month. We are extremely excited about the new site and all of the robust benefits it will provide to our members.
Affiliate News Gerald Lippert Affiliate News September 2011 15 ACDLA Honors Colee At its recent 30th anniversary and annual meeting, the Alabama Criminal Defense Lawyers Association (ACDLA) honored Donald Lee Colee Jr. with its Roderick Beddow Award — ACDLA’s highest honor for a lifetime of achi
Blue Collar Tactics in White Collar Cases
Blue Collar Tactics in White Collar Cases Ellen C. Brotman; Erin C. Dougherty September 2011 16 When sophisticated business people begin to adopt the methods of common criminals, we have no choice but to treat them as such. 1 Criminal defense lawyers are familiar with law enforcement’s use of
Book Review: Angel of Death Row: My Life as a Death Penalty Defense Lawyer
Angel of Death Row - My Life as a Death Penalty Defense Lawyer - By Andrea D. Lyon, Kaplan Publishing (2010) Reviewed by Lisa B. Kauffman Book Review September 2011 33 In 1979, Andrea Lyon was a 26-year-old, 6-foot tall, long-haired newbie to the Homicide Task Force at the Cook County Public Defender
From the President: NACDL's Colors Are Blue and White
NACDL's Colors Are Blue and White Lisa M. Wayne From the President September 2011 5 I am proud to be part of an organization that promotes fairness for all persons accused of crime, regardless of the status of the accused, or the nature of the alleged crime. NACDL supports lawyers from every realm of
Inside NACDL: Focus on Florida: A Report and a Case Expose a Flawed Justice System
Focus on Florida: A Report and a Case Expose a Flawed Justice System Norman L. Reimer Inside NACDL September 2011 7 Some sunlight on the criminal justice system in the Sunshine State recently exposed deep flaws and pervasive injustice. In the span of one week in July, a report and a federal court dec
Its Time to Fix the Federal Criminal System
It's Time to Fix the Federal Criminal System John D. Cline September 2011 34 Blackstone famously declared that “it is better that ten guilty persons escape, than that one innocent suffer.”1 In today’s federal criminal system, that idea seems quaint. An acquittal is viewed as a sign the system does n
Law Student Essay Competition: Increasing Diversity in The Legal Profession
Increasing Diversity in The Legal Profession Jumba M. Mugwanya September 2011 60 The lack of diversity in the legal profession is a reflection of the larger socioeconomic disparities that exist in the United States. The legal community is exclusive by nature, considering that one must graduate from
NACDL News: Denver Attorney Lisa Monet Wayne Installed As NACDL President
Denver Attorney Lisa Monet Wayne Installed As NACDL President Jack King and Ivan J. Dominguez NACDL News September 2011 10 Denver Attorney Lisa Monet Wayne Installed As NACDL President Lisa Monet Wayne was sworn in as President of the National Association of Criminal Defense Lawyers (NACDL) at the
Practice Points: Taking an Effective Deposition in a Criminal Case
Practice Points: Taking an Effective Deposition in a Criminal Case Shaun Khojayan Practice Points September 2011 57 Taking an Effective Deposition in a Criminal Case A witness is unavailable to come to court, but her testimony is needed. This is yet another obstacle the defense attorney must overcome
Prosecution With A Vengeance - Without an Unambiguous Statute in Sight
Prosecution With A Vengeance - Without an Unambiguous Statute in Sight Harvey A. Silverglate September 2011 50 Citizens from all walks of life — doctors, accountants, businessmen, political activists, and others — have found themselves the targets of federal prosecutions, despite sensibly believing
United States v. Norris - An Attack on the Attorney-Client Privilege?
United States v. Norris - An Attack on the Attorney-Client Privilege? Joseph D. Mancano; J. Peter Shindel Jr. September 2011 44 Executives beware. That is the message delivered by the U.S. Court of Appeals for the Third Circuit recently with respect to communications between corporate officers or em
You Mean You're Really Going to Try an FCPA Case?
You Mean You're Really Going to Try an FCPA Case? A Checklist of Defenses for Practitioners Handling Foreign Corrupt Practices Act Cases Timothy P. O'Toole; Andrew T. Wise September 2011 26 For more than 30 years, the Foreign Corrupt Practices Act (FCPA), which prohibits American companies and thei