Renewed War on Drugs, harsher charging policies, stepped-up criminalization of immigrants — in the current climate, joining the NACDL is more important than ever. Members of NACDL help to support the only national organization working at all levels of government to ensure that the voice of the defense bar is heard.
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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
NACDL harnesses the unique perspectives of NACDL members to advocate for policy and practice improvements in the criminal legal system.
NACDL envisions a society where all individuals receive fair, rational, and humane treatment within the criminal legal system.
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.
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McDonnell v. United States provided a small dose of clarity to the issue of “official acts” under federal anti-bribery law, but confusion remains regarding some issues, such as what it means to “exert pressure.” The ambiguity left in McDonnell’s wake means that criminal defense lawyers will be responsible for waging the fight to clarify the boundaries of corruption prosecutions.
This program addresses the unique DOJ practices and procedures that govern federal criminal tax matters, the primary statutes utilized by the government, and defense considerations and strategies.
Following the previous webinar Criminal Tax 101 webinar for novices, we provide a more nuanced and sophisticated treatment of the area, discussing topics that include: dealing with prosecutors at the DOJ Tax Division conference and other pre-indictment defense considerations; jury selection in criminal tax prosecutions; the use of expert witnesses in tax fraud trials; and legal issues relating to restitution in tax prosecutions.
Doctors can breathe a partial sigh of relief after the decision in Ruan v. United States; the U.S. Supreme Court held that prosecutors must show more than mere negligence or malpractice to make a felon out of a physician. In addition, new guidance from the Centers for Disease Control and Prevention on opioid prescribing promises to make it much harder to prosecute – and easier to defend – doctors.
A post-indictment dismissal is rare. The authors walk readers through United States v. Rocket Learning, pointing out that the government’s retreat in the fraudulent billing case was bittersweet because a profitable business is defunct, and dozens of employees are still picking up the pieces of their lives.
Four new Justices have joined the Supreme Court in just five years. The new Court has made clear its willingness to reexamine precedent. It is uncertain what the change in the Court’s composition portends for federal criminal law, but the government may face a more skeptical audience.
Cases that end in conviction are often accompanied by an order of restitution. A restitution order can be a burden on a person for years even after a prison sentence has been served and a term of probation has been completed. Practitioners should pay attention to several key issues in order to zealously advocate for their clients – even after conviction and sentencing.
The White Collar Criminal Defense Award is presented to individuals who have made a profound impact on the field of white collar criminal defense advocacy.
Letter to the House Judiciary Subcommittee on Commercial and Administrative Law regarding deferred and non-prosecution agreements for corporations, as proposed in the Accountability in Deferred Prosecution Act of 2009 (H.R. 1947).
A conversation with Pulitzer Prize winning journalists and authors of Enemies Within: Inside the NYPD's Secret Spying Unit and bin Laden's Final Plot Against America
Federal statutes should provide a person of ordinary intelligence fair notice of what is prohibited, but the term “property” is undefined by the federal fraud statutes. The internet, untethered digital currency, and the metaverse are raising questions about the traditional understandings of things and possessions. Legislators need to provide greater clarity about how older statutes apply to newer concepts.
Coalition letter to members of the House and Senate Judiciary Committees regarding proposed reforms to federal forfeiture law.
Follow-up letter to the Committee on Rules of Practice and Procedure Advisory Committee on Civil Rules regarding the Civil Asset Forfeiture Reform Act of 2000.
Letter to the U.S. Courts Committee on Rules of Practice and Procedure Advisory Committee on Civil Rules regarding the Civil Asset Forfeiture Reform Act of 2000.
State and federal laws allow law enforcement agencies to seize the property of an individual who has not been charged with a crime. This practice tears at the heart of justice and fairness in our system and turns the fundamental principle that a person is innocent until proven guilty on its head.
NACDL believes that asset forfeiture represents one of the most fundamental threats to the individual liberties of those accused of criminal activities as well as citizens not charged with any crime. NACDL strongly encourages the reform of asset forfeiture laws.
