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.
Showing 1 - 15 of 19 results
The CARES Act included the creation of the Paycheck Protection Program for forgivable loans to small businesses. The basis for prosecutions will be the certifications in the PPP applications. Sarah Wirskye outlines steps borrowers can take that will help them prove that the certifications are accurate.
Letter to the U.S. Sentencing Commission regarding USSC priorities in the current (2014) amendment cycle.
Comments to the U.S. Sentencing Commission regarding proposed amendments to the sentencing guidelines.
Comments to the U.S. Sentencing Commission on the Controlling the Assault of Non-Solicited Pornography and Marketing ("CAN-SPAM") Act of 2003.
Comments to the U.S. Sentencing Commission on proposed 1997 Emergency Amendments.
Letter to the U.S. Sentencing Commission regarding proposed amendments pertaining to diminished capacity and theft, fraud and tax loss tables.
Brief Amicus Curiae of the National Association of Criminal Defense Lawyers in Support of Defendant-Appellant Wayne Wilkerson.
Argument: The district court erred by not requiring mens rea, which is a cornerstone requirement for criminal liability and punishment. The district court erred in premising the fraud convictions on non-disclosure absent any cognizable duty to disclose.
The U.S. Supreme Court saved 18 U.S.C. § 1346 and the honest-services doctrine from the void-for-vagueness dust heap in Skilling v. United States. Jonathan Jeffress and William Zapf explore certain “limiting principles” courts have followed that may be avenues for challenging an honest-services prosecution. In addition, they include a brief survey detailing how circuit court pattern jury instructions cover honest-services fraud.
Jennifer Bouriat provides an overview of the mail and wire fraud statutes and the right to control theory, a brief history of the pertinent case law that has shaped the theory, and an overview of the circuit split on the validity of the theory. She offers key points to consider in defending a mail and wire fraud case.
Congress often includes criminal offenses and penalties in legislation regulating the financial services industry and other major industries with significant business components, such as the healthcare industry. NACDL works to educate members of Congress on the problems with including criminal offenses and penalties in such legislation and, where appropriate, advocates against the legislation.
Philadelphia litigator Alexander Owens discusses two cases that may reflect a renewed focus on private equity firms in the False Claims Act arena. Lawyers representing private equity firms should strive to understand the unique financial and managerial dynamics that place many private equity firms in the government’s crosshairs.
Practitioners defending clients against federal fraud charges or related conspiracy charges should be aware of the Wartime Suspension of Limitations Act, particularly lawyers working on defense procurement cases.
Jury Instruction on Medicare Civil Rules and Regulations.
Letter with the Heritage Foundation to Senate Judiciary Committee Leadership regarding the redundancy of the Fraud Enforcement and Recovery Act (FERA) of 2009 (S. 386).
