With nearly 5,000 federal criminal offenses, and hundreds of thousands of regulations that can be punished criminally, the power of the federal prosecutor has never been stronger. Many of these offenses are vague on their face, others can be stretched beyond recognition, and nearly all are connected to the ever-increasing Sentencing Guidelines. Prosecutors are armed with broad charging discretion, and discovery rules that consistently favor the government. For those accused of white collar crime, this is their reality.
It is for all these reasons that, thirteen years ago, NACDL’s Defending the White Collar Case: In And Out of Court Seminar was created. Each year the white collar defense bar gathers to learn from each other, to improve their skills, and to ensure they are well-positioned to provide their clients the best defense possible. The power of prosecutors is great, but this defense revival meeting was even greater.