Heritage Expert

Paul Larkin

  • Senior Legal Research Fellow

Paul J. Larkin Jr. directs The Heritage Foundation’s project to counter abuse of the criminal law, particularly at the federal level, as senior legal research fellow in the Center for Legal and Judicial Studies. This “overcriminalization” project is part of Heritage’s Rule of Law initiative.

Before joining Heritage in September 2011, Larkin held various positions with the federal government in Washington, D.C.  At the U.S. Department of Justice from 1984 to 1993, Larkin served as an assistant to the solicitor general and as an attorney in the Criminal Division’s section on organized crime and racketeering.  He argued 27 cases before the U.S. Supreme Court.

In 1996-1997, Larkin served as counsel to the Senate Judiciary Committee and head of the Crime Unit for Sen. Orrin Hatch (R-UT), then the panel’s chairman.  He worked in the Environmental Protection Agency from 1998 to 2004 as a special agent for criminal enforcement, also serving as acting director in 2004.

His honors include the Secretary of Defense Medal for Meritorious Civilian Service, which he received in 1994 for representing the military before the Supreme Court.

In the private sector, he worked at two top law firms in Washington, D.C., and as assistant general counsel for Verizon Communications from 2004 to 2009.

Larkin received his law degree in 1980 from Stanford Law School, where he was a published member of the Stanford Law Review.  He clerked for Judge Robert H. Bork of the U.S. Court of Appeals for the D.C. Circuit.

In 2010, he received a master’s degree in public policy from George Washington University.  He also holds a bachelor of arts degree in philosophy from Washington and Lee University in Lexington, Va., where he graduated summa cum laude with honors.

Larkin, born and raised in New York, N.Y., is a life-long New York Giants fan.  He and his wife Lee currently reside in Alexandria, Va.  They have three sons and a chocolate Labrador retriever named Cocoa.

All Publications by Paul Larkin
  • Issue Brief posted May 10, 2012 by Paul Larkin The FOCUS Act Hearing: Unpersuasive Criticisms and Tacit Admissions

    Thankfully, the law sometimes reflects common sense. Here’s an example: Innocent people ordinarily do not remain silent when accused of having committed a crime or some other misconduct. As the result, it is reasonable to infer that such an accusation is true if a person does not deny it. In…

  • Legal Memorandum posted May 8, 2012 by Paul Larkin The FOCUS Act and Environmentalism

    Abstract: With regard to the Lacey Act, The Heritage Foundation and the Union of Concerned Scientists (UCS) can agree on one point: The act should be enforced through the civil justice system or the administrative process. In a recent paper, however, the UCS has…

  • Issue Brief posted May 7, 2012 by Paul Larkin The FOCUS Act and Federal Law Enforcement

    An article by Jon Adler at the Police: The Law Enforcement Magazine Website,[1] written on behalf of the Federal Law Enforcement Officers Association (FLEOA), is quite critical of the recently introduced Freedom from Over-Criminalization and Unjust Seizures (FOCUS) Act of 2012. The thrust of the article is that…

  • Legal Memorandum posted March 16, 2012 by Paul Larkin Defanging the Lacey Act: The Freedom from Over-Criminalization and Unjust Seizures Act of 2012

    Abstract: Under the Lacey Act, it is a federal offense to import fish, wildlife, or plants “in violation of any foreign law.” Such legislation violates one of the fundamental tenets of Anglo–American common law: that “men of common intelligence” must be able to understand…

  • Issue Brief posted March 8, 2012 by Paul Larkin The STOCK Act and Fraud: Competing Visions, Common Goal to Address Government Corruption

    Last month, the House and Senate passed, by overwhelming majorities, different versions of a bill entitled the Stop Trading on Congressional Knowledge Act (STOCK Act).[1] The bills would acknowledge that the insider trading laws apply to federal officials. The Senate version would also reach other perceived public corruption…

  • Issue Brief posted March 7, 2012 by Paul Larkin The STOCK Act and Gratuities: Competing Visions, Common Goal

    Last month, Congress considered two different versions of a bill—the Stop Trading on Congressional Knowledge Act (STOCK Act)[1]—that would make clear that the federal insider trading laws apply to federal officials. The Senate and House of Representatives have passed different versions of the STOCK Act,…

  • Legal Memorandum posted January 9, 2012 by Paul Larkin When Fighting Crime Becomes Piling On: The Overcriminalization of Fraud

    Abstract: Are maple syrup felons sufficiently heinous that they should be imprisoned for perhaps as long as 45 years? Some members of the U.S. Senate seem to believe the answer is yes: How else to explain the provisions of the Maple Agriculture Protection and…

  • Legal Memorandum posted December 13, 2011 by Paul Larkin Overcriminalization: The Legislative Side of the Problem

    Abstract: The past 75 years in America have witnessed an avalanche of new criminal laws, the result of which is a problem known as “overcriminalization.” This phenomenon is likely to lead to a variety of problems for a public trying to comply with the law in good faith. While many…