U.S. v. Peter E. Clay, Todd S. Farha, Paul L. Behrens, and William L. Kale No. 8:11-cr-00115-JSM-MAP (M.D. Fla.) on the affairs of WellCare Health Plans, Inc.

Overcriminalization is a dangerous trend that NACDL battles daily. The case of Todd Farha and other executives at WellCare Health Plans, Inc., offer a case study in overcriminalization and unchecked prosecutorial discretion. Below, you will find links to important primary and secondary materials concerning this case.

Evidence Law Scholars Amicus Brief in Support of Paul L Behren's Petition for Rehearing and Rehearing En Banc to the United States Court of Appeals for the Eleventh Circuit in U.S. v. Clay (9/12/16)

Brief for Defendant-Appellant Todd Farha to the United States Court of Appeals for the Eleventh Circuit in U.S. v. Clay (9/19/14)

Brief for Defendant-Appellant Paul Behrens to the United States Court of Appeals for the Eleventh Circuit in U.S. v. Clay (9/19/14)

On May 5, 2010, NACDL and The Heritage Foundation released this groundbreaking, non-partisan report. At the release event, NACDL Executive Director Norman L. Reimer described the report as a "blueprint for principled reform" and urged "every elected official to end the madness that has produced over 4,450 federal criminal statutes, and countless tens of thousands more arising from the unchecked power of regulatory authorities." [Released May 2010]

The Dodd-Frank Wall Street Reform & Consumer Protection Act, H.R. 4173, is a textbook example embodying the central problems identified by NACDL and The Heritage Foundation in our joint, groundbreaking report entitled Without Intent: How Congress is Eroding the Criminal Intent Requirement in Federal Law.

Letter to the U.S. Nuclear Regulatory Commission regarding proposed changes to the Deliberate Misconduct Rule (79 Fed. Reg. 8097) that would broaden the provision to include those deemed to have acted with "deliberate ignorance."

Professor Ellen S. Podgor's written statement to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding addressing overcriminalization.

Letter to the House Judiciary Committee regarding penalties and prosecutorial requirements for revenge porn cases, as proposed in the Stopping Harmful Image Exploitation and Limiting Distribution (SHIELD) Act of 2019 (H.R. 2896).

Coalition letter to the House Judiciary Committee regarding proposed changes to sentencing and other aspects of human trafficking offenses, as addressed in the Justice for Victims of Trafficking Act of 2015 (H.R. 181) and Stop Advertising Victims of Exploitation (SAVE) Act of 2015 (H.R. 285).

Coalition letter to Department of Justice Criminal Division Assistant Attorney General Lanny Breuer and Securities and Exchange Commission Director of Enforcement Robert Khuzami regarding enforcement of and forthcoming guidance for the Foreign Corrupt Practices Act (FCPA).

Board member and Forfeiture Committee chair David B. Smith's written statement to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding international money laundering and the U.S. financial system.

NACDL Director of White Collar Crime Policy Shana-Tara Regon's letter to the House Judiciary Committee regarding proposed changes to the laws governing public corruption charges, as outlined in the Clean Up Government Act of 2011 (H.R.2572).

President Lisa Wayne's letter to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding proposed changes to the criminal code that would affect which and how crimes are punished, as addressed in the Criminal Code Modernization and Simplification Act of 2011 (H.R. 1823).

Board member Tim O'Toole's written statement to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding proposed changes to the laws governing public corruption charges, as outlined in the Clean Up Government Act of 2011 (H.R.2572).