Washington, DC (Nov. 14, 2012) – Today, the U.S. Department of Justice and Securities and Exchange Commission issued long-expected guidance concerning the enforcement of the Foreign Corrupt Practices Act (FCPA). The National Association of Criminal Defense Lawyers’ FCPA experts are still in the process of reviewing the 120-page Guide, but have already observed that it appears to provide some additional, important guidance on the government’s interpretation of this law.
NACDL has been diligent in its efforts to achieve FCPA reform, including providing testimony before the U.S. Congress. In February of this year, NACDL joined the U.S. Chamber Institute for Legal Reform and more than 30 other trade and business groups, on a letter to the DOJ and SEC identifying several concerns regarding criminal enforcement of the FCPA in connection with official guidance that DOJ has promised to issue in order to bring clarity to the law. And in April, NACDL participated in a roundtable discussion concerning the FCPA, hosted by the U.S. Chamber Institute for Legal Reform and including senior officials from the U.S. Department of Justice, the Securities and Exchange Commission, and the Department of Commerce, as well as numerous business groups and trade associations.
“NACDL is pleased that in response to the efforts of NACDL and many others, the DOJ and SEC today released their ‘Resource Guide’ to the FCPA,” NACDL’s FCPA Subcommittee Chair Mark Rochon said. “In several areas, NACDL notes that the government’s interpretations appear to have become more reasonable, and in other areas they seem to provide greater clarity. Of course, the Guide is not legally binding, and for defense attorneys and their clients, the most important issues still need to be addressed in legislation. There is no such thing as a Motion to Dismiss based on the government’s failure to live up to its non-binding guidance.”
NACDL is committed to continuing in its efforts to further FCPA reform in order that companies and individuals can be more certain as to when and how this law might apply to their conduct.
For more information on NACDL’s work in this area, including NACDL’s Congressional testimony and coalition letter concerning FCPA guidance, as well as links to the DOJ and SEC guidance, fact sheet and press release issued today, please visit www.nacdl.org/FCPA.
Pattern Cross-Examination for DNA and Biological Evidence: A Trial Strategy Guide
NACDL’s Pattern Cross-Examination for DNA and Biological Evidence will assist criminal defense practitioners in scoring points when cross-examining forensic experts in cases involving DNA and biological evidence. This resource contains thousands of questions that will help defense lawyers cross-examine challenging witnesses without reinventing the wheel with each new case. It includes pattern questions that can be used to dominate prosecution DNA experts and level the playing field at trial.
Cross-Examination of the Analyst in Drug Prosecutions (2nd Ed.) By James M. Shellow
Now in its second edition with some new material, James M. Shellow’s book offers what its title promises: ways of thinking about cross-examining the forensic analysts in drug cases. But the book is so much more than that. It offers a look inside the mind of one of the finest cross-examiners and defense lawyers the United States has produced in the last seventy years. This small book can inspire and direct you in making big changes in the way you defend your clients and think about the entire project of trying any case.
Justice For All, Justice Now White T-Shirt (Women’s)
This custom, vintage-faded NACDL t-shirt is 50% polyester, 25% cotton, and 25% rayon weighing 5.2 oz. and is lightwieght, flexible and soft, providing maximum comfort. It features the "Justice For All, Justice Now" slogan and Lady Liberty image on the front, with the NACDL logo on the back. Currently available in both men's and women's sizes in both black and white colors. View the full line-up of colors and sizes on our online store, as well as our other popular and best-selling t-shirt designs at: nacdl.org/store.
Drug Cases Resource Materials Collection - CD-ROM
NACDL’s Drug Cases Resource Materials Collection is the sweeping culmination of every single article of written materials ever published from each installment of NACDL's annual "Defending Modern Drug Cases" seminar. Totaling over 12,000 pages, this vast collection includes 12+ years of motions, briefs, reports, outlines, transcripts, case citations, scholarly articles, powerpoints and other written commentaries. This collection provides trial strategies and tactics you can immediately apply to your current cases.
Mental Illness & the Law: Addressing and Litigating Behavioral Health Disorders in Criminal Cases
Whether it is insanity, impairment, a disorder, or adolescent brain development; mental health and intellectual competence issues affect pretrial supervision, trial and sentencing, and your chances of successfully advocating for your impaired client. This training provides ideas and proven solutions to assist you in advocating for your client during trial, whether it be insanity defenses, jury selection, cross of expert witnesses, persuasion, or mitigation at sentencing.
Ivan J. Dominguez, Director of Public Affairs and Communications, (202) 465-7662 or email@example.com.
The National Association of Criminal Defense Lawyers is the preeminent organization advancing the mission of the criminal defense bar to ensure justice and due process for persons accused of crime or wrongdoing. A professional bar association founded in 1958, NACDL's many thousands of direct members in 28 countries – and 90 state, provincial and local affiliate organizations totaling up to 40,000 attorneys – include private criminal defense lawyers, public defenders, military defense counsel, law professors and judges committed to preserving fairness and promoting a rational and humane criminal legal system.