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NACDL is committed to enhancing the capacity of the criminal defense bar to safeguard fundamental constitutional rights.
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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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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)
Brief of Missouri Association of Criminal Defense Lawyers (MACDL) and National Association of Criminal Defense Lawyer (NACDL) as Amici Curiae in Support of Appellant and Intervenor.
Charging Decisions: Policy presented by Angela J. Davis, Professor of Law, American University College of Law
Race Matters I: The Impact of Race on Criminal Justice September 14-15, 2017 | Detroit, MI
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 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).
President Lisa Wayne's written statement to the U.S. Sentencing Commission regarding sentencing practices since the U.S. v. Booker decision.
President Lisa Wayne's letter to the House Judiciary Subcommittee on Crime, Terrorism, and Homeland Security regarding federal sentencing practices and the U.S. Sentencing Commission since the U.S. v. Booker decision.
President Jim Lavine's letter to the Senate Judiciary Subcommittee on Crime and Terrorism regarding the use of drug courts as an alternative to criminal charges and consequences.
Board member and Legislative Committee co-chair Elisabeth Semel's written statement to the Senate Judiciary committee regarding a proposed constitutional amendment to protect and expand crime victims' rights (S.J.Res. 6, 1997) and its consequences for people accused of a crime.
Memorandum of Law of the New York State Association of Criminal Defense Lawyers, the National Association of Criminal Defense Lawyers, DKT Liberty Project, The Legal Aid Society, Brooklyn Defender Services, The Bronx Defenders, The Chief Defenders Association of New York, The New York State Defenders Association, Robert F. Kennedy Human Rights, and Discovery for Justice as Amici Curiae in Support of Defendant Carl E. Heastie's Cross-Motion for Summary Judgment.
Brief of Amici Curiae Cause of Action Institute and National Association of Criminal Defense Lawyers in Support of Petitioner (On Petition for a Writ of Certiorari).
