Courthouse Steps Teleforum Preview: Regulatory Crimes: United States v Clay – Oral Argument
Please see the link below to the Federalist Society teleforum preview of the United States v. Clay oral argument before the Eleventh Circuit Court of Appeals, prepared by John J. Park, Jr., Esq. John provides an excellent overview of the Clay case and its impact upon regulatory issues. This teleforum highlights the key issues to be addressed in Clay, and in particular, raises the policy concerns of criminalizing alleged conduct that could be better dealt with in administrative or civil proceedings. That is, where a regulatory scheme is uncertain or ambiguous — because the government chose to proceed in that manner — then criminal sanctions should not be imposed on individuals, especially where civil remedies exist.