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NACDL’s mission is to serve as a leader, alongside diverse coalitions, in identifying and reforming flaws and inequities in the criminal legal system, and redressing systemic racism, and ensuring that its members and others in the criminal defense bar are fully equipped to serve all accused persons at the highest level.
Showing 1 - 15 of 23 results
Letter to the Securities Exchange Commission regarding proposed whistleblower provisions to the Securities Exchange Act.
DOJ has had mixed success in the prosecution of traders. Where is the dividing line between illegal activity and savvy trading? Susan Brune and Erin Dougherty review the major categories of recent prosecutions and highlight the key issues that have presented obstacles to conviction – and opportunities for the defense.
Securities Fraud
Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.
Brief for National Association of Criminal Defense Lawyers as Amicus Curiae in Support of Petitioners (in support of petition for writ of certiorari).
Brief for Amicus Curiae National Association of Criminal Defense Lawyers in Support of Petition for Rehearing or Rehearing En Banc.
Brief for Amicus Curiae National Association of Criminal Defense Lawyers (“NACDL”) in Support of Defendants-Appellants and Reversal
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).
The government’s almost 100 percent success rate in insider trading prosecutions has come crashing up against the Second Circuit’s focus on remote tippee liability in United States v. Newman. If the U.S. Supreme Court agrees to hear Newman, the government’s cause may be helped by United States v. Salman, a Ninth Circuit decision that appears to disagree with Newman.
While it still uses its “no admit, no deny” policy in most cases, now in certain circumstances the Securities and Exchange Commission will require defendants to admit wrongdoing in order to settle their cases. Has the new policy made a significant impact? What may be the real danger in this new policy?
Order granting ineffective assistance of counsel claim for securities fraud.
Board Member Tim O'Toole's testimony to the Senate Judiciary Committee Subcommittee on Crime, Terrorism, and Homeland Security, regarding combating corruption post-Skilling.
NACDL Board member Barry Pollack's written statement to the House Judiciary Committee regarding federal criminal fraud laws.
US District Court Southern District of New York: Walsh v. USA; Memorandum and Order
Amicus curiae brief of the National Association of Criminal Defense Lawyers.