Please stand by, the program will begin momentarily. Do Criminal Prosecutions Make Food Safer?: The Problem with Regulating Food Safety Through Criminalization Please stand by, the program will begin momentarily.

Interact with our speakers during the program by submitting your questions to interactive@wlf.org

Alex J. Brackett Mr. Brackett is a Partner with McGuireWoods LLP in the firm’s Richmond, VA office. He is a member of the Government Investigations and White Collar Litigation department, and co-head of McGuireWoods’ Strategic Risk and Compliance team. Mr. Brackett’s practice focuses primarily on advising and supporting corporate and individual clients in the areas of white collar criminal defense and internal investigations.

James F. Neale Mr. Neale is a Partner with McGuireWoods LLP in the firm’s Charlottesville, VA office. He is Co-Chair of the Food and Beverage Industry Group. Much of Mr. Neale’s current work focuses on defending clients in food-related litigation, including foodborne illness cases and labeling claims, as well as counseling food companies on regulatory compliance and litigation avoidance.

David Debold Mr. Debold is a Partner with Gibson, Dunn & Crutcher LLP in the firm’s Washington, DC office. He practices in the Litigation Department, and is a member of the firm’s Appellate and Constitutional Law, Securities Litigation and White Collar Defense and Investigations Practice Groups. Since joining the firm in 2003, Mr. Debold has represented numerous individuals and businesses in a wide variety of white collar, regulatory enforcement, and appellate matters.

For more information about WLF, email info@wlf.org Questions Interact with our speakers during the program by submitting your questions to interactive@wlf.org @WashLglFndt www.wlf.org For more information about WLF, email info@wlf.org

Food Drug & Cosmetic Act 21 U.S.C. § 331 Prohibits 80 Separate Acts 21 USC § 333(a)(1) = Misdemeanor First Time Offense and No Actual Knowledge of Adulteration/Misbranding 21 USC § 333(a)(2) = Felony If Repeat Offense or Actual Knowledge of Adulteration/Misbranding 6

Potential Criminal Liability Under FD&CA Corporate Criminal Liability Fines Restitution Individual Criminal Liability Sources: “Park Doctrine” Yates Memo Penalties Jail Debarment 7

Recent Examples of Criminal FD&CA Prosecutions Peanut Corporation of America 714 Confirmed Salmonella Cases 9 Deaths 75-Count Indictment Stewart Parnell (28 years) Michael Parnell (20 years) Daniel Kilgore (6 years) Mary Wilkerson (5 Years) Samuel Lightsey (3 years) 8

Recent Examples of Criminal FD&CA Prosecutions Jensen Brothers Cantaloupes 146 Confirmed Listeria Cases 30 Deaths/1 Miscarriage Misdemeanor Prosecution 6 Months Home Confinement 5 Years Probation $150,000 Fine 100 Hours Comm. Service 9

Recent Examples of Criminal FD&CA Prosecutions Decoster’s/Quality Egg 1,939 Salmonella Cases No Deaths Misdemeanor Sentence: 3 Months in Jail $6.79mm Corporate Fine $100,000 Individual Fines 10

Recent Examples of Criminal FD&CA Actions 11