This Symposium addressed the rise of overcriminalization, the inappropriate criminalization of what are truly civil or regulatory/administrative problems, and the pressures associated with enforcement against businesses and corporate individuals. David Ogden, Former Deputy Attorney General, Senator Orrin Hatch, Chairman of the Senate Finance Committee, and Representative Bob Goodlatte, Chairman of the House Judiciary Committee, provided keynote remarks.
NACDL/ILR Law & Policy Symposium
May 26, 2016 8:30 am May 26, 2016 5:00 pm
|8:55 – 9:10 a.m.||Morning Keynote Address (Watch Video)
The Honorable Bob Goodlatte, U.S. House of Representatives (R-VA 6th District) and Chairman, House Committee on the Judiciary
|9:10 – 9:20 a.m.||Opening Remarks
Norman L. Reimer, Executive Director, National Association of Criminal Defense Lawyers
|9:20 – 10:25 a.m.||The Rise of Overcriminalization (Watch Video)
This panel discussed the inappropriate criminalization of what are truly civil or regulatory/administrative problems/disputes as well as inadequate criminal intent requirements and the problem with strict liability crimes.
Reginald J. Brown, Partner and Chair, Financial Institutions Group, Wilmer Cutler Pickering Hale and Dorr LLP
|10:25 – 11:30 a.m.||Bearing Down
This panel addressed over-charging/overzealous enforcement and the pressures on businesses and individuals under investigation and engaging in plea bargaining, including collateral consequences for companies (debarment, exclusion) and for individuals (jail, loss of licenses).
John H. Beisner, Partner, Skadden, Arps, Slate, Meagher & Flom LLP
Faces of Lawsuit Abuse Video
|11:30 – 11:50 a.m.||The Symbiotic Relationship Between Overcriminalization and Plea Bargaining (Watch Video)
This TED Talk-inspired presentation discussed the manner in which these two phenomena relied on each other to come to dominate our modern criminal justice system.
Lucian E. Dervan, Associate Professor of Law, Southern Illinois University School of Law
|11:50 – 12:00||Break|
|12:00 – 1:00 p.m.||Special Remarks and Luncheon Keynote Address (Watch Video)
Special Remarks by: Lisa A. Rickard, President, U.S. Chamber Institute for Legal Reform
Keynote Address by: The Honorable David W. Ogden, Partner, Wilmer Cutler Pickering Hale and Dorr LLP and Former Deputy Attorney General of the United States
|1:00 – 1:15 p.m.||Break|
|1:15 – 2:00 p.m.||A Lack of Balance in the System: Criminal Discovery & Grand Jury Inadequacies & Abuses (Watch Video)
This discussion featured two legal experts and explore the inadequacies and abuses of two important facets of criminal procedure that combine to create an unfair playing field for persons and entities.
Ross H. Garber, Partner, Shipman & Goodwin LLP
|2:00 – 2:20 p.m.||The Shadow Regulatory State: A Look at Federal Deferred Prosecution Agreements (Watch Video)
This TED Talk-inspired presentation discussed the ways in which federal prosecutors have increasingly pressured corporations to enter into deferred- or non-prosecution agreements that entail not only hefty fines but significant changes to business practices, with no showing of wrongdoing or judicial supervision.
James R. Copland, Senior Fellow and Director, Legal Policy, The Manhattan Institute
|2:20 – 3:20 p.m.||The New Prosecutorial Focus: Individuals in the Age of Overcriminalization
This panel explored the impact of the recent “Yates Memorandum” – a directive from Sally Quillian Yates, Deputy Attorney General of the United States, regarding individual accountability for corporate wrongdoing.
Lisa A. Mathewson, Principal, The Law Office of Lisa A Mathewson
|3:20 – 4:20 p.m.||The Public Policy Consequences and the Road to Recovery
This panel addressed the erosion of respect for criminal law, costs incurred by taxpayers, over-incarceration, and the squashing of business ingenuity and growth, and will explore solutions to these problems.
Christopher Bates, Counsel to Senator Orrin Hatch, Senate Committee on the Judiciary
|4:20 – 4:30 p.m.||Afternoon Keynote Address (Watch Video)
The Honorable Orrin Hatch, U.S. Senate (R-UT), Chairman, Senate Finance Committee and Former Chairman, Senate Judiciary Committee
|4:30 – 5:00 p.m.||Networking Reception|
U.S. Chamber of Commerce
1615 H Street NW
Washington, DC 20062