the 29th annual national institute on white collar crime...andrew s. feldman feldman firm pllc fort...
TRANSCRIPT
Sheraton New Orleans New Orleans, LAMarch 4-6, 2015Visit www.ShopABA.org/2015wcc to register.
Institute begins
Wednesday,
March 4!
The 29th Annual National Institute on White Collar Crime
The 29th Annual National Institute on White Collar Crime
ABA CLE National Institutes bring you face-to-face with nationally recognized experts on substantive topics — often while fulfilling most of your annual CLE requirements.
Description of ProceedingsThe 2015 White Collar Crime National Institute will take place from March 4 to 6, 2015, for the twenty-ninth consecutive year, with a return to New Orleans after a twenty year hiatus. Last year, once again, attendance exceeded 1,100 at this annual gathering of the national white collar bar. The Institute proudly continues to present outstanding panelists who deal with some of the most significant issues of our time. This year we will continue to have the popular regional panels, the women’s panel which will tackle the legal issues associated with gender bias, and an additional plenary session on sentencing in the federal courts. We are delighted that we will have a record 10 federal trial and appellate judges on panels, including United States Circuit Judge Denny Chin as keynote speaker, and United States Circuit Judge Gregg J. Costa as a special guest speaker on Thursday morning, March 5.
Over the past twenty-eight years, the Institute has been attended by leading federal and state judges and prosecutors, law enforcement officials, defense attorneys, corporate in-house counsel and members of the academic community. The faculty regularly includes some of the top members of the white collar bar in the United States and abroad. Among the audience are nationally-renowned lawyers, as well as many who are beginning to concentrate in the white collar area. Attendees have consistently given the Institute high ratings for the exceptional quality of its publication, the panelists’ presentations, the valuable updates on new developments and strategies, as well as the rare opportunity to meet colleagues in this field, renew acquaintances and exchange ideas. This year, we will present a panel for newer, and future, practitioners on the morning of March 4, co-sponsored with Tulane University Law School.
One of the keynote plenary panels will, once again, focus on the most significant white collar criminal trials of the past year, while a second one will deal with waivers of the attorney client privilege and work product protection in light of the increasing corporate voluntary disclosures and cooperation with law enforcement agencies and the obligations created by deferred prosecution agreements. We will also have three panels that will qualify for ethics CLE credit. The Institute will have excellent representation from the corporate sector, including senior members of the management, legal and compliance groups of Bank of America, Eli Lilly, The Goodyear Tire & Rubber Company, Morgan Stanley, the New York Public Library, Pfizer, Inc., Standard Chartered Bank, Tishman Speyer, Towers Watson, Wal-Mart, Weatherford, Wells Fargo, XyLAB Technologies, and the Electronic Frontier Foundation. The Institute will also include senior members of the Department of Justice, including Criminal Division Assistant Attorney General Leslie Caldwell, and distinguished members of academia.
PROGRAM FOCUS• Ethics – waivers of attorney client privilege
and work product protection in the age of voluntary disclosures, cooperation and DPAs
• Ethics – representing individuals and obtaining indemnification
• Ethics in the digital age
• Negotiating settlements in FCPA cases; the importance of compliance presentations
• Responding to grand jury subpoenas
• Handling cross border investigations
• Gender bias and the white collar case
• Practical tips for defending white collar cases
• Advice for dealing with common issues in white collar cases
• Dealing with Inspectors General
• Four panels discussing recent developments in the Northeast, Southern, Midwest and Central, and Western regions
SUBSTANTIVE TOPICS• Sentencing in white collar cases
• Recent developments and new trends in FCPA enforcement
• Securities enforcement – insider trading
• Securities enforcement – fraud on the market
• Healthcare fraud and abuse
• Antitrust criminal enforcement
• Environmental enforcement
• Tax enforcement – domestic and offshore
• Cybercrime and national security
• Anti-money laundering and asset forfeiture
• Economic sanctions and export control
Register Now!
White Collar Crime 2015Sheraton Hotel, New Orleans, LAMarch 4 - March 6, 2015
Not an ABA Member? Join Now!
www.ambar.org/join
Earn up to 11.5 CLE CreditsIncluding 2.75 hours of Ethics Credit
To register, visit www.ShopABA.org/2015wcc
The ABA reserves the right to correct all typographical errors. Fees do not include travel or lodging.
Early Bird
Rate
Advance Rate Effective
Jan. 7, 2015
Standard Rate Effective
Feb. 4, 2015
General Public $1,225 $1,380 $1,475
ABA Members $1,185 $1,275 $1,355
Criminal Justice Section, Solo, Small Firm and General Practice Division, Section of Science & Technology Law and Young Lawyers Division Members
$1,025 $1,100 $1,180
Government Lawyers $500 $550 $575
Presented byCriminal Justice Section
Solo, Small Firm and General Practice Division
Section of Science & Technology Law
Young Lawyers Division
Sponsored by
Platinum: Gold :
Bronze: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC
BDO Consulting, CBIZ, Charles River Associates, Nardello & Co. LLC, Polsinelli
Flash Drives Sponsor: Cadwalader, Wickersham & Taft LLPBag Sponsor: Guidepost Solutions LLC
Lanyard Sponsor: Stroz FriedbergHotel Room Key Sponsor: McGladrey LLP
Faculty subject to change without notice.* Planning Committee † Inivited
Faculty
Michele L. AdelmanFoley Hoag LLPBoston, MA
Hon. Lance M. AfrickUnited States District JudgeEastern District of LouisianaNew Orleans, LA
Simona AgnolucciKeker & Van Nest, LLPSan Francisco, CA
David AngeliAngeli Ungar Law GroupPortland, OR
Antonia M. Apps Milbank, Tweed, Hadley & McCloy LLPNew York, NY
Michael AttanasioCooley LLPSan Diego, CA
Jodi L. AvergunCadwalader, Wickersham & Taft LLPWashington, DC
Prof. Sara Sun BealeCharles L. B. Lowndes Professor of LawDuke Law SchoolDurham, NC
Tiffany R. BenjaminCounsel – Litigation and Legal ComplianceEli Lilly and CompanyIndianapolis, IN
Thomas H. Bienert, Jr.Bienert, Miller & Katzman, PLCSan Clemente, CA
Dana J. BoenteUnited States AttorneyEastern District of VirginiaAlexandria, VA
Bradley J. BondiCadwalader, Wickersham & Taft LLPWashington, DC
Christine BraamskampK&L GatesLondon, England
Daniel A. BraunDeputy Chief-LitigationFraud SectionCriminal DivisionU.S. Department of JusticeWashington, DC
*Lanny A. BreuerCovington & Burling LLPWashington, DC
Kara Novaco Brockmeyer†Chief, FCPA UnitDivision of EnforcementU.S. Securities & Exchange CommissionWashington, DC
Ellen C. BrotmanMontgomery McCracken Walker & Rhoads LLPPhiladelphia, PA
Hon. Leslie R. CaldwellAssistant Attorney GeneralCriminal DivisionU.S. Department of JusticeWashington, DC
*Raymond BanounChair of the Institute Cadwalader, Wickersham & Taft LLPWashington, DC
Raja ChatterjeeGlobal Risk OfficerTishman SpeyerNew York, NY
*Pamela R. ChepigaAllen & Overy LLPNew York, NY
Hon. Denny ChinUnited States Circuit Judge U.S. Court of Appeals for the Second CircuitNew York, NY
*Michael A. ColloraCollora LLPBoston, MA
Hon. Gregg J. CostaUnited States Circuit JudgeU.S. Court of Appeals for the Fifth CircuitNew Orleans, LA
Steven D’AguannoAssistant United States AttorneyDistrict of New JerseyCamden, NJ
Karen L. DavilaSenior Associate General CounselWal-Mart Stores, Inc.Bentonville, AR
*Hon. Bernice B. DonaldUnited States Circuit JudgeU.S. Court of Appeals for the Sixth CircuitCincinnati, OH
Maria R. Durant Collora, LLP Boston, MA
Hon. Jenny A. DurkanUnited States AttorneyWestern District of WashingtonSeattle, WA
Charles E. Duross Morrison & Foerster LLPWashington, DC
Patty A. EakesCalfo Harrigan Leyh & Eakes LLPSeattle, WA
*Brian C. ElmerCrowell & Moring LLPWashington, DC
David FeinGroup General CounselStandard Chartered BankLondon, England
Margery B. FeinzigWiggin and Dana LLPStamford, CT
Andrew S. Feldman Feldman Firm PLLCFort Lauderdale, FL
*James E. FelmanKynes, Markman & Felman, P.A.Tampa, FL
*Alice S. FisherLatham & WatkinsWashington, DC
Brandon FoxDeputy ChiefPublic Corruption and Civil Rights Assistant United States Attorney Central District of CaliforniaLos Angeles, CA
Michael G. FreedmanBird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg, PCLos Angeles, CA
Hon. Paul L. FriedmanUnited States District JudgeDistrict of ColumbiaWashington, DC
Scott W. FriestadAssistant DirectorDivision of EnforcementU.S. Securities & Exchange CommissionWashington, DC
Christopher L. GarciaWeil, Gotshal & Manges LLPNew York, NY
David GergerQuinn Emanuel Urquhart & Sullivan LLPHouston, TX
Daniel M. GitnerLankler Siffert & Wohl LLPNew York, NY
Hon. John GleesonUnited States District JudgeEastern District of New YorkBrooklyn, NY
Gejaa GobenaChief, Health Care Fraud Unit Deputy Chief, Fraud DivisionCriminal DivisionU.S. Department of JusticeWashington, DC
Gordon A. GreenbergMcDermott, Will & Emery LLPLos Angeles , CA
Gary G. GrindlerKing & Spalding LLPWashington, DC
Barry GrossDrinker Biddle & Reath LLPPhiladelphia, PA
Kathleen GrilliGeneral Counsel U. S. Sentencing CommissionWashington, DC
*Thomas M. GuerinCadwalader, Wickersham & Taft LLPWashington, DC
Lynne M. HalbrooksPrincipal Deputy Inspector GeneralU.S. Department of DefenseAlexandria, VA
Deborah HarrisChief; Environmental Crimes SectionEnvironment & Natural Resources DivisionU.S. Department of JusticeWashington, DC
Karen P. HewittJones Day LLPSan Diego, CA
Philip H. HilderHilder & Associates, PCHouston, TX
Janet C. HoeffelAssociate Professor of LawTulane University Law SchoolNew Orleans, LA
Faculty (Cont’d.)
Faculty subject to change without notice. * Planning Committee
Laura G. HoeyRopes & Gray LLPChicago, IL
Hon. Michael E. HorowitzInspector GeneralU.S. Department of JusticeWashington, DC
Stephen P. HurleyHurley, Burrish & StantonMadison, WI
*A. Joseph Jay IIICadwalader, Wickersham & Taft LLPWashington, DC
Marcos Daniel JimenezMcDermott Will & Emery LLPMiami, FL
Saskia A. JordanHaddon, Morgan and Foreman, PCDenver, CO
Sean M. JoycePriceWaterhouseCoopers Forensic ServicesMcLean, VA
Daniel S. KahnAssistant Chief, Fraud SectionCriminal DivisionU.S. Department of JusticeWashington, DC
Adam S. KaufmannLewis Baach PllcNew York, NY
Gregory W. KehoeGreenberg Traurig LLPTampa, FL
Kathryn KeneallyDLA Piper LLP (US)New York, NY
James M. KoukiosSenior Deputy Chief, Fraud SectionCriminal DivisionU.S. Department of JusticeWashington, DC
Lisa M. KrigstenDentons LLPKansas City, MO
Douglas M. LanklerExecutive Vice President & General CounselPfizer Inc.New York, NY
Ibtissem LassouedPartnerFinancial Crime DepartmentAl Tamimi & CompanyDubai United Arab Emirates (UAE)
John LauschKirkland & Ellis LLPChicago, IL
Michele Wein LayneRegional DirectorLos Angeles Regional OfficeU.S. Securities and Exchange CommissionLos Angeles, CA
Craig Y. LeeAssistant ChiefWashington Criminal 1Antitrust DivisionU.S. Department of JusticeWashington, DC
Saverio LemboBär & Karrer AGGeneva, Switzerland
Hon. Richard J. LeonUnited States District JudgeDistrict of ColumbiaWashington, DC
James B. LettenAssistant Dean for Experiential LearningTulane University Law SchoolNew Orleans, LA
Sharon Cohen LevinChief, Asset Forfeiture UnitAssistant United States AttorneySouthern District of New YorkNew York, NY
*Janet I. LevineCrowell & Moring LLPLos Angeles, CA
Erin Foley LewisDirector, Compliance & EthicsThe Goodyear Tire & Rubber CompanyAkron, OH
*Gary S. LincenbergBird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PCLos Angeles, CA
Jan Nielsen LittleKeker & Van Nest LLPSan Francisco, CA
William J. LovettCollora LLPBoston, MA
Lawrence S. LustbergGibbons PCNewark, NJ
Rebecca LutzkoAssistant United States AttorneyNorthern District of Ohio Cleveland, OH
Jennifer Lynch Electronic Frontier FoundationSan Francisco, CA
Neil H. MacbrideDavis, Polk & Wardwell LLPWashington, DC
John M. MajorasJones Day LLPColumbus, OH
*Vincent J. MarellaBird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PCLos Angeles, CA
Nina MarinoKaplan Marino LLPLos Angeles, CA
Michele Coleman MayesVice President, General Counsel and SecretaryThe New York Public LibraryNew York, NY
Brian F. McEvoyPolsinelli PCAtlanta, GA
Caroline Judge MehtaZuckerman Spaeder LLPWashington, DC
*Stephanie J. MeltzerVice President, Assistant General CounselPfizer Inc.New York, NY
Brian R. MichaelVP & Deputy General Counsel | 21st Century FoxGroup Chief Compliance Officer | Fox Networks GroupLos Angeles, CA
Jan Paul MillerThompson Coburn LLPSt. Louis, MO
*Jane W. MoscowitzMoscowitz & Moscowitz PAMiami, FL
Bryan C. MoserGrant Thornton LLPMcLeen, VA
Gary P. NaftalisKramer, Levin, Naftalis & Frankel LLPNew York, NY
Ronald J. NessimBird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PCLos Angeles, CA
Thomas P. O’BrienPaul Hastings LLPLos Angeles, CA
David O’NeillPartnerDebevoise & Plimpton LLPWashington, DC
Ryan D. O’QuinnO’Quinn Stumphauzer PLMiami, FL
Cynthia E. Hujar OrrGoldstein, Goldstein & Hilley LLPSan Antonio, TX
Doug ParkerOffice of Environmental Criminal EnforcementEnvironmental Protection AgencyWashington, DC
*Michael S. PasanoCarlton Fields LLPMiami, FL
Steven R. PeikinSullivan & Cromwell LLPNew York, NY
Noah B. PerlmanManaging Director, Global Head of Anti-Money Laundering Group Legal and Compliance Morgan StanleyNew York, NY
Mythili RamanCovington & Burling LLPWashington, DC
Jaikumar RamaswamyChief, Asset Forfeiture & Money Laundering SectionCriminal DivisionU.S. Department of JusticeWashington, DC
Monty Raphael, QCPeters & Peters LLPLondon, England
Ira H. RaphaelsonExecutive Vice President and Global General CounselLas Vegas Sands CorporationSouth Las Vegas, NV
Dr. Arin N. ReevesPresidentNextions LLCChicago, IL
Charles P. RettigHochman, Salkin, Rettig, Toscher & Perez PCBeverly Hills, CA
Michele A. RobertsSkadden, Arps, Slate, Meagher & Flom LLPWashington, DC
Seth RodnerManaging Director and Chief Operating & Legal OfficerDemarche LabsScottsdale, AZ
Ben RoseHickman & RoseLondon, United Kingdom
Hon. John RothInspector GeneralU.S. Department of Homeland SecurityWashington, DC
Kathryn H. RuemmlerLatham & Watkins LLPWashington, DC
Prof. Stephen A. SaltzburgWallace and Beverley Woodbury University, Professor of LawCo-director of the Litigation and Dispute Resolution ProgramWashington, DC
Anjan SahniChief, Securities & Commodities Fraud Task Force Assistant United States AttorneySouthern District of New YorkNew York, NY
David C. ScheperScheper Kim & Harris LLPLos Angeles, CA Amsterdam, The Netherlands
Dr. Johannes C. ScholtesChairman and Chief Strategy OfficerXyLAB Technologies B.V.Amsterdam, The Netherlands
*Mark P. SchnappGreenberg Traurig LLPMiami, FL
Zaldwaynaka (Z) ScottKaye Scholer LLPChicago, IL
Jack W. SeldenBradley, Arant Boult Cummings LLPBirmingham, AL
Mara V. J. SennArnold & Porter LLPWashington, DC
Natalia G. ShehadehVP & Chief Compliance OfficerWeatherfordHouston, TX
*William N. ShepherdHolland & Knight LLPWest Palm Beach, FL
Hon. Amy J. St. EveUnited States District JudgeNorthern District of IllinoisChicago, IL
Randall A. SmithSmith Fawer LLCNew Orleans, LA
John Reed StarkStroz Friedberg LLPWashington, DC
Patrick J. StokesDeputy Chief, Fraud SectionCriminal DivisionU.S. Department of JusticeWashington, DC
Patrice Harris SullivanAssistant United States AttorneyEastern District of LouisianaNew Orleans, LA
*Kristofer SwansonPricewaterhouseCoopers LLPChicago, IL
Robert W. Tarun Baker & McKenziex LLP San Francisco, CA
Hon. Anne M. TompkinsUnited States AttorneyWestern District of North CarolinaCharlotte, NC
Amy WalshMorvillo LLPNew York, NY
F. Joseph WarinGibson Dunn LLPWashington, DC
Donald W. WashingtonJones Walker LLPLafayette, LA
Leon W. WeidmanAssistant United States AttorneyChief, Civil Division Central District of CaliforniaLos Angeles, CA
Morris Weinberg, Jr.PartnerZuckerman Spaeder LLPTampa, FL
Michael Wheatley CounselTowers & Watson Co.Alexandria, VA
Joe D. WhitleyBaker, Donelson, Bearman, Caldwell & Berkowitz PCAtlanta, GA
Kim WiatrakNational Diversity & InclusionPriceWaterhouseCoopers Forensic ServicesSan Francisco, CA
David K. WillinghamCaldwell, Leslie & Proctor PCLos Angeles, CA
Leo J. WiseAssistant United States AttorneyDistrict of MarylandBaltimore, MD
Julie Myers WoodPresident - Compliance, Federal Practice and Software SolutionsGuidepost Solutions LLCNew York, NY
Prof. Jonathan J. Wroblewski DOJ Ex Officio Sentencing Commissioner and Observer to the Task ForceHarvard Law SchoolCambridge, MA
Debra Wong YangGibson Dunn LLPLos Angeles, CA
Sheldon T. ZennerKatten Muchin Rosenman LLPChicago, IL
David M. ZinnWilliams & Connolly LLPWashington, DC
Agenda
Wednesday, March 4, 2015
7:00 a.m. Registration
9:30 a.m. Significant Legal Developments in the Regions
Panelists will discuss new developments, trends, strategies and arguments in each of the regions.
Regional Breakouts
Northeast Region
Michele L. Adelman, Jodi L. Avergun, Margery B. Feinzig, Lawrence S. Lustberg,
Moderator: Amy Walsh
South Region
Marc D. Jimenez, Brian F. McEvoy, Hon. Anne M. Tompkins, Donald W. Washington
Moderator: Jack W. Selden
Central and Midwest Regions
Stephen P. Hurley, Lisa M. Krigsten, Jan Paul Miller
Moderator: Sheldon T. Zenner
Western Region
David Angeli, Michael Attanasio, Saskia A. Jordan
Moderator: Thomas H. Bienert, Jr.
11:00 a.m. Break Out Panels
A. Practical Trial Tips from the Frontlines
Panelists will provide practical advice for use in trial preparation and during the trial itself, including the use of motions practice, the voir dire, and handling direct and cross examination.
Simona Agnolucci, Patty A. Eakes, Rebecca Lutzko, Caroline Judge Mehta, Ryan D. O’Quinn
Moderator: Michael G. Freedman
B. Practical Issues in White Collar Criminal Cases (Presented jointly with Tulane Law School)
The panel will discuss practical issues that arise in the prosecution and defense of federal criminal white collar cases, including the process from investigation to charging to plea or trial and ultimately sentencing, as well as the ways in which a desire to win can adversely affect the process on both sides.
Hon. Lance M. Africk, James B. Letten, Randall A. Smith, Patrice Harris Sullivan
Moderator: Michael S. Pasano
12:15 p.m. Lunch on Your Own
2:00 p.m. Welcoming RemarksRaymond Banoun, Chair of the Institute
James E. Felman, Co-Chair, ABA Criminal Justice Section
2:15 p.m. Sentencing in White Collar Cases
The panel will consider a number of changes to the Guidelines, and in particular to 2B1.1, that were recommended by the ABS CJS Task Force on the Reform of Federal Sentencing for Economic Crimes and that will be considered by the US Sentencing Commission.
Prof. Sara Sun Beale, James E. Felman, Hon. John Gleeson, Kathleen Grilli, Prof. Jonathan J. Wroblewski
Moderator: Prof. Stephen A. Saltzburg
Agenda subject to change without notice.
Ethics Credit
3:45 p.m. Break Out Panels
A. Healthcare Fraud and Abuse
Panelists will analyze recent trends in government investigations and prosecutions in this area, and consider theories for financial recoveries, elements of an effective compliance program, as well as recent developments involving the False Claims Act, the Anti-Kickback Act and the Stark Law.
Karen L. Davila, Andrew S. Feldman, Gejaa Gobena, Laura G. Hoey, Bryan C. Moser
Moderator: Maria R. Durant
B. Environmental Enforcement
Panelists will discuss recent developments in the law as well as ongoing significant investigations, the continuing focus on the Clean Air Act, and other related statutes.
Deborah Harris, John Lausch, Doug Parker
Moderator: Philip H. Hilder
C. Leveraging Gender Bias to Win Your Case
Gender bias is a fact. There is provocative research indicating that gender bias plays a significant role in defending both corporate and individual clients. This panel of globally recognized practitioners will discuss cutting-edge legal strategies and tactics that may be utilized by women to successfully defend their clients, particularly in white collar matters.
Janet C. Hoeffel, Michelle Coleman Mayes, Dr. Arin N. Reeves, Zaldwaynaka (Z) Scott, Kim Wiatrak
Moderator: Christine Braamskamp
5:00 p.m. Conclusion of the First Day
5:00 p.m. Women in White Collar Cocktail Reception
Sponsored by PricewaterhouseCoopers
Also sponsored by: Arent Fox LLP • Arnold & Porter LLP • Duane Morris LLP • Katten Muchin Rosenman LLP • Montgomery McCracken Walker & Rhoads, LLP • NERA Economic Consulting
6:00 p.m. Young Lawyers Reception
Thursday, March 5, 2015
7:00 a.m. Registration Continues
8:45 a.m. Introductory Remarks
Raymond Banoun, Chair of the Institute
9:00 a.m. Reflections on the Stanford Case
Hon. Gregg J. Costa, United States Circuit Judge, United States Court of Appeals for the Fifth Circuit
9:15 a.m. Lessons Learned from Recent Major Trials
Panelists will discuss some of the critical issues and strategies confronted during the investigation, post indictment, and trial in two of the higher visibility cases during the past year, including the Thompson (obstruction of FBI investigation), Rengan Rajaratnam (insider trading), and Scarfo (acquittal of attorney defendants) matters.
Steven D’Aguanno, Brandon Fox, Daniel M. Gitner, Barry Gross, Thomas P. O’Brien
Moderator: Ronald J. Nessim
11:00 a.m. Coffee Break
Agenda (Cont’d.)
11:15 a.m. Break Out Panels
A. The Foreign Corrupt Practices Act – Recent Developments and New Trends
The panel will discuss bribery enforcement actions during the past year in the United States and beyond, DOJ and SEC priorities, and “crystal ball” trends, whistleblower rewards, best practices, and “state of the art” corporate compliance programs.
Tiffany R. Benjamin, Kara Novaco Brockmeyer, Karen P. Hewitt, Patrick J. Stokes
Moderator: Robert W. Tarun
B. Internal Investigation of Cross Border Activity - The Challenges and the Strategy
Panelists will analyze strategies for representing individual and corporate clients in cross border internal investigations, including how to handle foreign employee interviews, foreign documents, and voluntary disclosure decisions.
Raja Chatterjee, Gary G. Grindler, Gregory W. Kehoe, James M. Koukios, Mara V. J. Senn
Moderator: Morris Weinberg, Jr.
C. Anti-Money Laundering and Asset Forfeiture
The panel will focus on recent developments in the money laundering and asset forfeiture areas, and consider various ways to trace, and hurdles (and ways to overcome them) in tracing, assets and collecting evidence in, and out of, the United States, as well as potential defense strategies to limit the effect of money laundering charges.
Ibtissam Lassoued, Sharon Cohen Levin, Noah B. Perlman, Jaikumar Ramaswamy, Monty Raphael QC
Moderator: Gordon A. Greenberg
D. Tax Enforcement – Domestic and Offshore
The panel will discuss the IRS and DOJ focus on ever-expanding enforcement against U.S. taxpayers with foreign bank accounts, banks, bankers, and professionals who assisted these taxpayers, as well as on continued actions against fraudulent return preparers, scheme promoters, businesses and individual taxpayers.
Hon. Dana J. Boente, Saverio Lembo, William J. Lovett, Charles P. Rettig
Moderator: Kathryn Keneally
E. Movies, Coke, and Antitrust
Like movies and soft drinks, antitrust prosecution is a successful American export. In recent years, the DOJ has charged foreign persons with antitrust violations for foreign conduct in U.S. courts, many of whom have ended up, whether by agreement or extradition, in the BOP. Other countries, however, are reciprocating and prosecuting the same conduct, raising the likelihood that U.S. citizens may soon be facing foreign jails, and U.S. companies paying fines in multiple countries for the same conduct. This panel will explore the globalization of antitrust enforcement.
Craig Y. Lee, John M. Majoras, Natalia G. Shehadeh, William N. Shepherd
Moderator: David Gerger
12:30 p.m. Luncheon
Lawrence Barcella, Jr. Memorial Address
Keynote Speaker: Hon. Denny Chin, United Circuit Court Judge, United States Court of Appeals for the Second Circuit
Agenda subject to change without notice.
2:15 p.m. Break Out Panels
A. Negotiating Settlements, Compliance Presentations in Corruption Cases
The panel will discuss strategies for negotiating settlements in corruption cases and share their perspectives on how counsel can present their client’s case in the most favorable light possible. Drawing on their experiences on both sides of the negotiating table, panelists will address how successfully communicating compliance efforts can influence the outcome of the government’s investigation.
Charles E. Duross, Daniel S. Kahn, Stephanie J. Meltzer, Mythili Raman
Moderator: F. Joseph Warin
B. Securities Enforcement: 2015 and Beyond
This panel will discuss trends in securities enforcement in 2015 and beyond, as they relate to enforcement efforts against financial institutions and asset managers, initiatives such as the SEC’s Financial Reporting and Audit Task Force, corporate settlements, gatekeeper liability, whistleblowers, and increasing role of state AGs and regulators.
David Fein, Michele Wein Layne, Gary P. Naftalis, Anjan Sahni
Moderator: Christopher L. Garcia
C. Ethics – The Business of White Collar Defense Work: Ethical, Practical and Legal Considerations in Getting Paid
Forfeitures and seizures of attorney’s fees, and limitations on indemnification by D&O insurers and companies, all wreak havoc on the business of defending individuals and obtaining payment of legal fees. Panelists will discuss how to navigate through the obstacles.
Pamela R. Chepiga, Ira H. Raphaelson, Ben Rose, Mark P. Schnapp
Moderator: Gary S. Lincenberg
D. Responding to Subpoenas
The globalization of information, and the increasing reality of concurrent regulatory investigations and actions, legislative inquiries and private civil actions in even routine white collar matters, present myriad issues when confronted with subpoena and determining how to respond to them. These issues, including privacy, privilege and conflicting cross-jurisdictional laws and regulations, will be the focus of this panel.
Hon. Bernice B. Donald, Jan Nielsen Little, Seth Rodner, Leon W. Weidman, David K. Willingham
Moderator: Janet I. Levine
E. Betting the Company: Preventing and Responding to Cyber Breaches?
Government agencies and C suites alike are focused in laser beam fashion on protecting classified, sensitive and proprietary data on their networks. However if and when a cyber breach occurs, multiple disclosure obligations arise under federal and state law. Such an event may also trigger disclosure requirements to shareholders and the SEC, banking regulators, state attorney generals, and customers, as well as alerting the FBI. Panelists will explore the roles for in-house and outside counsel in preventing and responding to cyber breaches.
Hon. Jenny A. Durkan, Sean M. Joyce, Kathryn H. Ruemmler, John Reed Stark
Moderator: Neil H. MacBride
3:30 p.m. Coffee Break
Agenda (Cont’d.)
Ethics Credit
3:45 p.m. Break Out Panels
A. Ethics in the Digital Age
Panelists will discuss the various ethical considerations and obligations in dealing with digital data, including the way in which government and defense attorneys may access it and use it while complying with ethics rules.
Ellen C. Brotman, Jennifer Lynch, Cynthia E. Orr, Dr. Johannes C. Scholtes
Moderator: Jane W. Moscowitz
B. Hot Topics and Emerging Trends in Insider Trading Law
This panel will review emerging trends and developments in the law of insider trading, including recent prosecutions, investigations, and regulatory enforcement actions, court decisions, and priorities of the DOJ and SEC, and consider strategies for defending such cases
Antonia M. Apps, Scott W. Friestad, Hon. Amy J. St. Eve, Michael Wheatley
Moderator: Bradley J. Bondi
C. International Double Jeopardy - The Perils of Cross Border Government Investigations
Speakers will analyze strategies for responding to parallel, cross border investigations by multiple enforcement authorities, including how to address the challenges of competing jurisdictions and conflicting laws and how to limit exposure in multiple jurisdictions for the same conduct.
Daniel A. Braun, Hon. Richard J. Leon, Erin Foley Lewis, Steven R. Peikin, Debra Wong Yang
Moderator: David M. Zinn
D. Sanctions and Export Control
Panelists will discuss the current state of the law and regulations in the areas of economic sanctions and export control, including global enforcement trends and the issues emerging from the implementation of the recent Russia and Ukraine sanctions, and propose strategies for dealing with these developments and the agencies that enforce these laws and regulations.
Adam S. Kaufmann, Brian R. Michael, David O’Neill, Joe D. Whitley
Moderator: Julie Myers Wood
E. Dealing with Inspectors General & FBI
Inspectors General today investigate internal and external agency fraud, using their own lawyers and federal agents, and can refer matters to DOJ or U.S. Attorney for criminal or civil action, while subject to oversight by Congress. This panel of IGs and a representative AUSA will discuss the jurisdiction, procedures and referral policies of IGs, and the role of defense counsel and the legislature in this process.
Lynne M. Halbrooks, Hon. Michael E. Horowitz, Hon. John Roth, Leo J. Wise
Moderator: Michael A. Collora
5:00 p.m. Adjourn
5:00 p.m. White Collar Crime Committee Meeting
6:30 p.m. Cocktail Reception
Sponsored by: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC • Berkeley Research Group, LLC • CBIZ • Crowell & Moring LLP • King & Spalding • KPMG LLP • Latham & Watkins LLP
Agenda subject to change without notice.
Ethics Credit
Agenda (Cont’d.)
Also from the ABA:
ABA Members: $575Non-ABA Members: $795
!
Friday, March 6, 2015
9:00 a.m. Remarks
9:15 a.m. Ethics – Waivers of Privilege and Work Product Protection
The panel will address the consequences of voluntary disclosures, cooperation with law enforcement, and settlements through deferred prosecution agreements, on protecting the attorney client privilege and attorney work product, and consider approaches to avoiding being faced with a waiver of these protections.
Raymond Banoun, Hon. Leslie R. Caldwell, Hon. Paul L. Friedman, Douglas M. Lankler, Michele A. Roberts
Moderator: Lanny A. Breuer
11:00 a.m. Conference Concludes
Ethics Credit
Step 1: Registration Rates
Register
Step 3: Section Membership
Step 2: Please check one workshop for each day and time slot.
Step 4: Course Materials *
CE1503WCC
q I qualify for a $50/person group discount. Enter your $50 discount on line 6B. To qualify for a group discount, three or more people must register together. Please call us to register your group or send all registrations in the same envelope. Not applicable to government rates.
Electronic course materials will be provided via download at least 48 hours prior to the start of the Institute. Printed course materials are available on-site for an additional $50 fee. q Please provide printed course materials on-site for $50. Enter your $50 fee on line 6E.
q Criminal Justice Section – $60 q Solo, Small Firm and General Practice Division - $45 q Section of Science & Technology Law- $50 q Young Lawyers Division – Enroll me in the Young Lawyers Division. Membership in the Young Lawyers
Division is free and automatic for all ABA members under 36 years old or admitted to practice for less than 5 years
* If you cannot attend, but would like to order the Course Materials, please visit us at www.ShopABA.org/2015wcc or call (800) 285-2221 for pricing and availability. Course materials will be shipped after the event.
Wednesday § March 4, 2015 § Break Out Panels § 3:45 p.m. q A. Healthcare Fraud and Abuse q B. Environmental Enforcementq C. Leveraging Gender Bias to Win Your Case
Thursday § March 5, 2015 § Break Out Panels § 11:15 a.m. q A. The Foreign Corrupt Practices Act – Recent Developments and New Trends q B. Internal Investigation of Cross Border Activity – The Challenges and the Strategyq C. Anti-Money Laundering and Asset Forfeitureq D. Tax Enforcement – Domestic and Offshoreq E. Movies, Coke, and Antitrust
Thursday § March 5, 2015 § Luncheon § 12:30 p.m. q Ticketed event. (This luncheon is an additional $55. All registrants welcome. Space is limited.)
Thursday § March 5, 2015 § Break Out Panels § 2:15 p.m.q A. Negotiating Settlements, Compliance Presentations in Corruption Cases q B. Securities Enforcement: 2015 and Beyond q C. Ethics—The Business of White Collar Defense Work: Ethical, Practical and Legal Considerations
in Getting Paid q D. Responding to Subpoenasq E. Betting the Company: Preventing and Responding to Cyber Breaches?
Thursday § March 5, 2015 § Break Out Panels § 3:45 p.m.q A. Ethics in the Digital Age q B. Hot Topics and Emerging Trends in Insider Trading Lawq C. International Double Jeopardy – The Perils of Cross Border Government Investigations q D. Sanctions and Export Controlq E. Dealing with Inspectors’ General & FBI
Early Bird
Rate
Advance Rate Effective
Jan. 7, 2015
Standard Rate Effective
Feb. 4, 2015
General Public $1,225 $1,380 $1,475
ABA Members $1,185 $1,275 $1,355
Criminal Justice Section, Solo, Small Firm and General Practice Division, Section of Science & Technology Law, and Young Lawyers Division Members
$1,025 $1,100 $1,180
Government Lawyers $500 $550 $575
!
Step 6: Your Total Due Amount
Registration Rate (from Step 1) 6A $ _________________
Three or More People Registering (from Step 1) 6B $ _________________ ($50/person discount. Applicants must register together to receive discount. Not applicable to government rates.)
ABA Criminal Justice Section Enrollment - $45 (from Step 3) 6C $ _________________
ABA Solo, Small Firm and General Practice Division Enrollment - $45 (from Step 3) 6D $ _________________
ABA Section of Science & Technology Law Enrollment - $50 (from Step 3) 6E $ _________________
Printed Course Materials - $50 (from Step 4) 6F $ _________________
White Collar Crime Committee Luncheon - $55 (from Step 2) 6G $ _________________ (ticketed event)
Total $ _________________
Step 7: Payment Informationq ABA Credit Card from Bank of America q Visa®/MasterCard q Check Payable to American Bar Association q American Express
Name as it appears on Card
Account Number
Signature
Expiration Date
Step 5: Your Information
Name
Law Firm/Organization
Address Suite/Apt.
City
Telephone
Email ABA Member ID
State Zip Code
The ABA and many of its entities provide content through email. We do not share email addresses with anyone outside the ABA.
–
+
+
+
+
+
The American Bar AssociationFinancial Services Dept. CE1503WCCP.O. Box 109078Chicago, IL 60654-7598
Visit http: www.ShopABA.org/2015wcc
Call (800) 285-2221
Fax this form to (312) 988-5850
Complete and mail this form:
Step 8: 4 Easy Ways to Register
Register (Cont’d.)
!
CE1503WCC
!
MCLEThe ABA directly applies for and ordinarily receives CLE credit for ABA programs in AK, AL, AR, AZ, CA, CO, DE, GA, GU, HI, IA, IL, IN, KS, KY, LA, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, and WV. These states sometimes do not approve a program for credit before the program occurs. This course is expected to qualify for 12.75 CLE credit hours in 60-minute states, including 4.25 ethics credit and 15.30 credit hours, including 5.10 ethics credits in 50-minute states. This transitional program is approved for both newly admitted and experienced attorneys in NY. For more information about CLE accreditation in your state, visit www.ShopABA.org/2015wcc.
NASBAThe American Bar Association is registered with the National Association of State Boards of Accountancy (NASBA) as a sponsor of continuing professional education on the National Registry of CPE Sponsors. State boards of accountancy have final authority on the acceptance of individual courses for CPE credit. Complaints regarding registered sponsors may be submitted to the National Registry of CPE Sponsors through its website: www.learningmarket.org.
ScholarshipsFor more information on scholarships, visit www.americanbar.org/groups/cle/scholarship.
AttireBusiness casual attire is appropriate for all activities.
CancellationsCancellations received five business days or more before the program will receive a full refund, less a $50 cancellation fee. No refunds will be provided for cancellations after that date; however, substitute registrants are welcome at any time. To cancel your registration or substitute another individual, please call the ABA at (800) 285-2221 or fax your request to (312) 988-5850. Registrants who do not cancel within the allotted time period and who do not attend the program will receive a copy of the program course materials after program completion.
Services for Persons with DisabilitiesIf special arrangements are required, please contact Melissa Calahan at (312) 988-6181 or [email protected]. Reasonable advance notice is requested.
In-Person RegistrationIf you plan to register in person, please call the ABA at least 24 hours in advance to confirm that the program is being held as scheduled and that space is available. Cash payments will not be accepted.
Program ConfirmationWritten confirmation of your registration will be sent to you upon receipt. If you do not receive the confirmation notice prior to the program, please call the ABA at (800) 285-2221 at least 24 hours in advance to confirm that your registration was received and that the program is being held as scheduled.
Hotel InformationSheraton New Orleans Hotel
500 Canal Street
New Orleans, LA 70130
(504) 525-2500 or (888) 627-7033
Single/Double: $229
Hotel Deadline: February 9, 2015. All room rates are subject to city occupancy and sales tax. Mention the ABA’s 29th Annual National Institute on White Collar Crime to receive the special discounted rate.
Airline InformationAirline discount codes are available for ABA meetings as follows:
• American Airlines: Call (800) 433-1790 - Discount Code: A5414SS. Discount NOT available at www.aa.com
• United Airlines: Call (800) 426-1122; Agreement Code: 461920, Z Code: ZR45.Discount available at www.united.com - Online Discount Code: ZR45461920
• Virgin America Airlines: Go to www.virginamerica.com - Discount Code: VXABA312
More details at www.americanbar.org/travel.
Standing Committee on Continuing Legal EducationUnder the guidance of the Standing Committee on Continuing Legal Education, the Center for Professional Development administers and produces National Institutes, webinars, and other technology-based products and written course materials to assist lawyers’ professional development efforts.
CE1503WCC
The 2
9th
Annual N
ati
onal I
nst
itute
on W
hit
e C
olla
r C
rim
e
AM
ER
ICA
N B
AR
AS
SO
CIA
TIO
N
321 N
CLA
RK
ST
RE
ET
CH
ICA
GO
, ILLIN
OIS
60
654
Lo
ok in
sid
e f
or
C
ours
e C
urr
iculu
m,
Facu
lty R
ost
er,
Early B
ird
S
avin
gs
and
mo
re!
Fo
llow
Us
ww
w.t
wit
ter.co
m/a
baesq
Lik
e U
sw
ww
.face
bo
ok.c
om
/am
eri
can
bara
sso
cia
tio
n
Pre
sort
No
n-P
rofi
tU
.S. P
ost
ag
e
PA
IDA
meri
can B
ar
Ass
oci
ati
on