Where Will Gorsuch Stand on White-Collar Criminal Statute Limits?

The National Law Journal


In this article, Addy Schmitt and Lauren Briggerman discuss how Supreme Court nominee Judge Neil Gorsuch may approach white-collar cases. "Gorsuch's speeches and opinions reveal a judge inclined to construe criminal statutes narrowly and to hold the prosecution to its burden of proving every element of an offense. But equally important to understanding Gorsuch's overarching philosophy of interpreting criminal law will be distilling his approach to a developing issue in white-collar prosecutions — the need to properly define core offense elements when prosecutions are stretched to reach actors and acts outside of a criminal statute's heartland," Schmitt and Briggerman wrote. "Assuming Gorsuch is confirmed, he likely will have a chance to prove whether he is a disciple of the late Justice Antonin Scalia when it comes to putting a brake on the overextension of criminal statutes."