Legal Commentary

House Judiciary Committee Hearing on Fraud: We Don't Need More Laws

By Jeralyn

Yesterday, Defense Attorney Barry Pollack testified on behalf of the National Association of Criminal Defense Lawyers before the House Judiciary Committee hearing on "Proposals to Fight Fraud and Protect Taxpayers." At issue: H.R. 1748, the “Fight Fraud Act 2009,” H.R. 1793, the “Money Laundering Correction Act of 2009” and H.R. 78, the “Stop Mortgage Fraud Act.”

While the purpose of various proposals to expand the federal criminal code – protecting the taxpayers from fraudulent transactions – is laudable, that purpose is best achieved through the existing federal and state laws, with whatever increased funding and related resources may be warranted, and by providing adequate resources both to the prosecution and defense functions,

Here is his written testimony (pdf), which makes several important points: [More...]

• Measures to increase law enforcement funding must be balanced with indigent defense funding.
• The Money Laundering Correction Act should not be passed and money laundering provisions should be excluded from the Fight Fraud Act (H.R. 1748).
• Prosecutors have the tools they need to police financial markets.

Full post as published by TalkLeft on April 02, 2009 (boomark / email).