The Enforcement Maze

Enforcement Maze Banner

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.

Enforcement Gone Amok DOJ's News Threshold for Cooperation

Agenda | NACDL/ILR Law & Policy Symposium

The Enforcement Maze: Over-Criminalizing American Enterprise

Thursday, May 26, 2016
U.S. Chamber of Commerce
1615 H Street NW
Washington, DC 20062

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
John F. Lauro, Principal, Lauro Law Firm
Kate C. Todd, Senior Vice President and Chief Counsel, U.S. Chamber Litigation Center
Moderated by: John D. Cline, Principal, Law Office of John D. Cline

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
Beth J. Hallyburton, Assistant General Counsel, GlaxoSmithKline
Kurt Mix, Former Deepwater Drilling Engineer, BP America
Barry J. Pollack, Member and Chair, White Collar & Internal Investigations Practice, Miller & Chevalier
Moderated by: Harold H. Kim, Executive Vice President, U.S. Chamber Institute for Legal Reform

Faces of Lawsuit Abuse Video
Mixed Up: How the Feds Tried to Imprison a Man Who Helped Stop the Gulf Oil Spill

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


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.


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
Timothy P. O’Toole, Member and Chair, Pro Bono Committee, Miller & Chevalier

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
Matthew S. Miner, Partner, Morgan, Lewis & Bockius LLP
Ellen S. Podgor, Gary R. Trombley Family White-Collar Crime Research Professor and Professor of Law, Stetson University College of Law
Moderated by: Barry Boss, Co-Chair, Criminal Defense & Internal Investigations, Cozen O’Connor

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
Douglas A. Berman, Robert J. Watkins/Procter & Gamble Professor of Law, The Ohio State University Moritz College of Law
Joseph Luppino-Esposito, Policy Analyst, Center for Effective Justice & Right on Crime
Shana O’Toole, Director of White Collar Crime Policy, National Association of Criminal Defense Lawyers
Moderated by: Jonathan Bunch, Vice President & Director of External Relations, The Federalist Society

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