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.
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The FCPA is emblematic of the serious problem of overcriminalization. While it seeks to prevent and redress serious misconduct, its language and application have led to unintended consequences. Many organizations, from both the left and the right, are now calling for some much-needed commonsense reform of the statute, particularly reforms that will strengthen its mens rea requirements and bring clarity, uniformity and fairness to its enforcement. Provided below are resources on FCPA prosecution trends and case pages containing pleadings and summaries for certain major FCPA prosecutions.
The Foreign Corrupt Practices Act of 1977, as amended, 15 U.S.C. §§ 78dd-1, et seq. ("FCPA"), prohibits American companies and their employees and agents from giving “anything of value” to “foreign officials” in order to obtain or retain business. Despite its more than 30-year history, there is vast disagreement and uncertainty about the meaning of many of the key provisions of the FCPA.
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Frederic Bourke Jr., United States v. Kozeny et al., No. 05-CR-518-SAS.
Reply Memo in Support of Motion for New Trial Based on Newly Discovered Evidence, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. June 17, 2011)
Order Denying Post-Trial Motions, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. December 13, 2009)
Motion for New Trial Based on Newly Discovered Evidence, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. March 9, 2011)
Jury Charge, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. 2008)
Indictment, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. May 12, 2005)
Opposition to Defendant's Requests for Certain Jury Instructions Related to His Possible Affirmative Defenses, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. Dec. 12, 2008)
Government Brief on Appeal, United States v. Kozeny et al., No. 05 Cr. 518 (2nd Cir. July 29, 2010)
Brief on Appeal, United States v. Kozeny et al., No. 05 Cr. 518 (S.D.N.Y. April 1, 2010)
Case materials from the Foreign Corrupt Practices Act (FCPA) prosecution of Gerald and Patricia Green, United States v. Gerald Green and Patricia Green, Cr. No. 08-59-GW.
Supplemental Sentencing Information Responding to Government's Continuing Citation to Other FCPA Sentencings, United States v. Gerald Green and Patricia Green, Cr. No. 08-59-GW (Aug. 10, 2010 C.D. Cal.)
Second Superseding Indictment, United States v. Gerald Green and Patricia Green, Cr. No. 08-59(B)-GW (Oct. 1, 2009 C.D. Cal.)
Reply Memorandum to Government's Sentencing Memorandum, United States v. Gerald Green and Patricia Green, Cr. No. 08-59-GW (Jan. 19, 2010 C.D. Cal.)
