Tag: federal crimes

Overcriminalization in the Financial Reform Legislation

The Heritage Foundation and National Association of Criminal Defense Lawyers (NACDL) made a stir by announcing their joint report, Without Intent: How Congress is Eroding the Criminal Intent Requirement in Federal Law. The report highlights the growth of federal criminal provisions in the 109th Congress. Many criminal statutes are drafted without the traditional requirement of criminal intent. When there is no requirement that the government prove you “willfully” or “knowingly” broke the law, mistakes are treated the same as intentional criminality. Some laws are written so broadly that it is impossible for anyone to know what conduct is illegal. Criminal provisions are included in statutes that are never reviewed by the judiciary committees of either chamber of Congress.

The NACDL has a follow-up analysis of the financial regulatory reform currently being considered by Congress. The Restoring American Financial Stability Act of 2010 has passed both houses and is heading into committee.

This 1600-page bill does everything that the Without Intent report warned against. The “reckless disregard” intent requirement is imported from tort law in several provisions and many others have no mental state requirement at all. New bribery and mail/wire fraud provisions are included where none are necessary. Bribery and fraud are already illegal.

Read the whole thing (direct .pdf link here).

Ninja Bureaucrats on the Loose

Quinn Hillyer has an excellent piece at the Washington Times highlighting the simultaneously farcical and frightening use of armed agents in enforcing suspected regulatory violations.

”The government,” wrote 50-year-old Denise Simon, “is too big to fight.” With those words, in a note to her 17-year-old son, Adam, she explained why she was committing suicide (via carbon monoxide) three days after 10 visibly armed IRS agents in bulletproof vests had stormed her home on Nov. 6, 2007, in search of evidence of tax evasion. Her 10-year-old daughter, Rachel, was there with Simon when the agents stormed in.

“I cannot live in terror of being accused of things I did not do,” she wrote to Adam. To the rest of the world, in a separate suicide note, she wrote: “I am currently a danger to my children. I am bringing armed officers into their home. I am compelled to distance myself from them for their safety.”

The IRS is not the lone culprit. The EPA, National Park Service, Small Business Administration and even the Railroad Retirement Board have acquired a taste for tactical enforcement of administrative sanctions.

Read the whole thing. And when you’re done, check out Tim Lynch’s book on the proper role of the criminal law, Radley Balko’s work on the unwarranted expansion of SWAT teams within American law enforcement, and the Heritage Foundation’s report on the uncontrolled growth of the federal criminal code.

Law Professor Confesses ‘I’m a Criminal’

Law Professor Michelle Alexander:

Lately, I’ve been telling people that I’m a criminal. This shocks most people, since I don’t “look like” one. I’m a fairly clean-cut, light-skinned black woman with fancy degrees from Vanderbilt University and Stanford Law School. I’m a law professor and I once clerked for a U.S. Supreme Court Justice – not the sort of thing you’d expect a criminal to do.

What’d you get convicted of? people ask. Nothing, I say. Well, then why do you say you’re a criminal? Because I am a criminal, I say, just like you.

Read the whole thing. (H/T Sentencing Law and Policy).  Judge Alex Kozinski and Misha Tseytlin make a similar point in an essay in my book entitled, “You’re (Probably) a Federal Criminal.”

More here and here.

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