Tag Archives: Brett Tolman

America’s Overcriminalization Problem

Originally posted to Bloomberg Law Insight by Brett Tolman | October 19, 2020 We have too many laws that can land someone in jail. Estimates put the number north of 300,000 federal statutes and regulations that can be criminally enforced, and the consequences of America’s addiction to criminalizing nearly everything are sobering—1 in every 4… Continue Reading

Tolman: Agency Guidance Documents Are Not Law

On Monday, Bloomberg Law’s ‘United States Law Week’ section published a compelling column on overcriminalization by former U.S. Attorney Brett Tolman. In the piece, Tolman describes the broader problem of overcriminalization and also the specific issue of prosecuting individuals for violating administrative interpretations that Congress never passed into law. An excerpt: A federal prosecution needs… Continue Reading