MENU

Criminal Law

Criminalizing Reasonable Interpretations of Regulatory Schemes: Clay v. United States - Podcast

Criminal Law & Procedure Practice Group Podcast
Paul D. Kamenar, John F. Lauro, John G. Malcolm July 29, 2015

Is Clay v. United States, currently pending in the 11th Circuit, a case study of overcriminalization and abusive federal prosecution? The case raises basic notions of due process, fair notice, the rule of lenity, mens rea, and actus reus. What began as a highly publicized raid by some 200 FBI agents on a Florida health care company over an accounting dispute of how to interpret a provision in Florida’s Medicaid reimbursement statute with no clarifying administrative regulations, ended in the indictment, conviction, and prison sentences for the company’s top executives for fraud. This case is particularly important for all regulated industries, where there are numerous and ambiguous laws and complex regulations governing conduct subject to administrative, civil, and criminal enforcement. John Lauro, counsel in the case, discussed the lawsuit, with Paul Kamenar joining to offer questions and comments.

  • Paul D. Kamenar, Washington, D.C. Attorney and Senior Fellow, Administrative Conference of the United States
  • John F. Lauro, Principal, Lauro Law Firm
  • Moderator: John G. Malcolm, Director and Ed Gilbertson and Sherry Lindberg Gilbertson Senior Legal Fellow, Edwin Meese III Center for Legal and Judicial Studies, The Heritage Foundation

Crime and Politics: Wisconsin Supreme Court Rules in "John Doe" Investigation - Podcast

Criminal Law & Procedure Practice Group Podcast
Allen Dickerson, Edward D. Greim, Tara Malloy, Jason Torchinsky July 24, 2015

On Thursday July 16, 2015, the Wisconsin Supreme Court issued an opinion and order ending the long running “John Doe” investigation into potential violations of Wisconsin campaign finance law and whether candidates and outside groups illegally “coordinated” spending. In mid-June of 2015, a young political consultant was sentenced to nearly two years in federal prison for illegally coordinating between a congressional campaign and a Super PAC. The U.S. Department of Justice also recently announced it will look carefully at allegations of coordination between candidate and outside groups. What does all of this mean? Where is the law heading on this? Are civil and criminal investigations into campaign activity going to be increasing?

  • Allen Dickerson, Legal Director, Center for Competitive Politics
  • Edward D. Greim, Partner, Graves Garrett LLC
  • Tara Malloy Senior Counsel, Campaign Legal Center
  • Moderator: Jason Torchinsky, Holtzman Vogel Josefiak PLLC