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.
A Defender’s Guide to Federal Evidence: A Trial Practice Handbook for Criminal Defense Attorneys
This Guide to Federal Evidence is the only federal evidence handbook written exclusively for criminal defense lawyers. The Guide analyzes each Federal Rule of Evidence and outlines the main evidentiary issues that confront criminal defense lawyers. It also summarizes countless defense favorable cases and provides tips on how to avoid common evidentiary pitfalls. The Guide contains multiple user-friendly flowcharts aimed at helping the criminal defense lawyer tackle evidence problems. A Defender’s Guide to Federal Evidence is an indispensable tool in preparing a case for trial.
Modern Digital Evidence & Technologies in Criminal Cases
Modern cases need modern defenses, and modern lawyers can't practice with an outdated playbook. This program is a contemporary training that identifies emerging technologies and digital evidence encountered in today's criminal cases and arms you with the tools necessary to combat expert witnesses, prosecutorial overreach, and an uneducated judge and jury. This comprehensive CLE program covers both general aspects of new technologies as well as practical courtroom application and legal challenges to the use of these new technologies.
Top Shelf DUI Defenses: The Law, The Science, The Techniques (2021)
If you are serious about being an effective DUI defense advocate, or if you’re considering adding DUI defenses to your portfolio, you need to know the latest scientific and legal strategies to optimize your success at trial. Learn from the best-of-the-best in the field in this unique CLE Program, updated for 2021.
Defending Modern Drug Cases (2021)
From challenging the arrest and seizure to picking a jury and cross-examining police officers, defense attorneys handling drug cases must be able to construct a defense that will increase the chances of the client getting a positive result for your client.
Effective motion practice, juror selection, and storytelling have never been more important. This seminar will introduce defense counsel to techniques that have been used at recent drug trials to rebut specific claims and overcome the emotion created in today’s criminal legal system.
Ivan J. Dominguez, Director of Public Affairs and Communications, (202) 465-7662 or firstname.lastname@example.org.
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.