Robert L. Capers Appointed to Independent Advisory Panel by Police Commissioner James O’Neill to Review NYPD Discipline Policies

NEW YORK – Arent Fox LLP Partner Robert L. Capers, a former United States Attorney for the Eastern District of New York and co-leader of the firm’s Government Enforcement & White Collar practice, has been appointed by New York Police Commissioner James O’Neill to serve on an Independent External Panel of respected law enforcement professionals to review the New York Police Department’s internal disciplinary process, practices, and policies.

According to Commissioner O’Neill, Mr. Capers and his two fellow panel members – Mary Jo White, a former chair of the US Securities and Exchange Commission, and Barbara S. Jones, a former judge in the US District Court for the Southern District of New York – were appointed for their “unassailable credibility, experience, and devout devotion to fair and effective policing.”

“The New York City Police Department is the greatest police department in the world, and over the past five years the NYPD has made important strides in how the Department administers discipline. Our mission is to always push ourselves to become even greater,” said Commissioner O’Neill in a statement. “As we build deeper trust with the people we are sworn to protect, we must ensure that our systems for confirming that our officers are doing their jobs justly, fairly, and effectively are also working justly, fairly, and effectively for our officers and for the people of our City. This respected Independent Panel…will provide critical insight on how to strengthen further our discipline system. I thank the members of this panel for donating their time and energy to take on this important project.”

The Independent Panel will produce a report and make recommendations on how to improve the Department’s internal disciplinary system. With full access to all relevant NYPD information and personnel, the Independent Panel will exhaustively review how internal discipline cases are initiated and prosecuted by the Department Advocate’s Office; how they are tried in the trial room or otherwise resolved; and how final outcomes are determined and imposed to determine if they are appropriate, consistent, and proportionate to the infraction. The Independent Panel will also review how the NYPD handles and responds to disciplinary cases brought by the Civilian Complaint Review Board.

Before joining Arent Fox in 2017, Mr. Capers served as a prosecutor for over two decades. He began his career in 1996 at the New York County District Attorney’s Office under the legendary Robert M. Morgenthau. In 2003, Mr. Capers joined the US Attorney’s Office for the Eastern District of New York where, as a line and supervisory prosecutor, he led a number of complex investigations and prosecutions involving a wide range of crimes such as racketeering, international money laundering, and public corruption.

During his tenure as US Attorney, Mr. Capers oversaw high-profile cases such as the extradition of Joaquin “El Chapo” Guzman, the head of the Sinaloa Cartel; obtaining the indictments and extraditions of nearly 30 FIFA officials; and overseeing the agreement by a large German bank to pay a record fine for misleading investors in its sale of residential mortgage-backed securities, which contributed to the 2008 financial collapse in the US.

At Arent Fox, Mr. Capers is part of a Business Compliance & Integrity Monitorships team that provides practical solutions for some of the world’s largest and most profitable companies. The group regularly advises major corporations on governance best practices; conducts internal investigations; counsels Boards of Directors; creates world-class compliance programs; and represents individuals and corporations in high-profile matters before Main Justice, US Attorney’s Offices, and state prosecutors’ offices around the country.

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