NACDL's 3rd Annual West Coast White Collar Conference, titled “Turning the Tables on the Government will be held at the Hyatt Regency Lake Tahoe Resort on June 6-7, 2013.
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Category: Conferences
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New York City Bar – Second Annual White Collar Crime Institute – here
ABA Securities Fraud 2013, Oct. 24-25, New Orleans – here
Georgia's Institute of Continuing Legal Education (ICLE) – International Business Crimes: Foreign Corrupt Practgices Act (FCPA), Criminal Antitrust and Export Controls, June 6 –
Download Program BrochureAALS Midyear Conference on Criminal Justice, June 9-12, San Diego – here (There's a panel on Culpability and White Collar Crime)
22nd Annual National Seminar on Federal Sentencing Guidelines, May 22-24, 2013 – Orlando, Florida – here
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22nd Annual National Seminar on Federal Sentencing Guidelines, May 22-24, 2013 – Orlando, Florida – here
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Announcement from the Fordham Law Moot Court Board
Each spring, Fordham University School of Law hosts the Irving R. Kaufman Memorial Securities Law Moot Court Competition. Held in honor of Chief Judge Kaufman, a Fordham Alumnus who served on the United States Court of Appeals for the Second Circuit, the Kaufman Competition has a rich tradition
of bringing together complex securities law issues, talented student advocates, and top legal minds.This year’s Kaufman Competition will take place on March 22-24, 2013. The esteemed final round panel includes Judge Paul J. Kelly, Jr., of the Tenth Circuit; Judge Boyce F. Martin, Jr., of the Sixth Circuit; Judge Jane Richards Roth, of the Third Circuit; and Commissioner Troy A. Paredes, of
the United States Securities and Exchange Commission. The competition will focus on two issues that arise in the fallout of Ponzi schemes: whether the “stockbroker safe harbor” of the Bankruptcy Code applies to Ponzi scheme operators, and the application of SLUSA, which was recently granted cert by the Supreme Court.We are currently soliciting practitioners and academics to judge oral argument rounds and grade competition briefs. No securities law experience is required to participate and CLE credit is available.
Information about the Kaufman Competition and an online Judge Registration Form is available on our website, www.law.fordham.edu/kaufman. Please contact Michael N. Fresco, Kaufman Editor, at KaufmanMC@law.fordham.edu or (561) 707-8328 with any questions.
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This panel was moderated by James Felman (Kynes, Markman & Felman, P.A.). The opening panelist, Hon. Ketanji Brown Jackson, Vice-Chair, U.S. Sentencing Commission, spoke about the 2012 Guideline Amendments which go into effect soon if Congress does not modify the changes. Some of these changes are in the white collar crime arena. Specifically, there are modifications to certain frauds – insider trading, mortgage fraud, securities fraud, and financial institution fraud. Many of these changes regard the determinations of loss. In some instances the commission changed the application notes.The speaker also noted that the Sentencing Commission is in a multi-year study of economic crimes. (proposed amendments can be found here)
Providing a congressional perspective was Bobby Vassar (Chief Minority Counsel, Subcommittee Crime, Terrorism, and Homeland Security, U.S. House of Representatives) who reminded us that no one gets defeated in an election by being tough on crime. Providing an executive perspective was Michael Rotker, Criminal Appellate Division, U.S. Department of Justice. From the defense side was Amy Baron Evans, Federal Defenders Sentencing Resource Counsel.
Two individuals provided international perspectives: Clarisse Moreno (Kynes, Markman & Felman, P.A.) and Stephan Terblanche (University of South Africa, Pretoria, South Africa). Ms Moreno noted that in France if you get two years or less, very rarely will you serve prison time. Absent it being a human rights violation, in Norway the maximum penalty is 21 years. Ms. Moreno also noted that the recidivism rate is low in Norway. Stephan Terblanche noted that where movies and other items from the U.S. are looked at elsewhere, the sentencing guidelines do not export very well. Having the international perspective offered by these speakers was particularly fascinating and offered a welcomed dimension to this sentencing discussion.
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The ABA Fall Institute opened with welcoming remarks from William Shepherd (Holland & Knight), chair of the Criminal Justice Section, and Laurel Bellows, President of the American Bar Association.
The opening address was given by Edwin Meese III, former U.S. Attorney General. He talked about how to make our system “effective, efficient, and just.” He noted that the National Association of Criminal Defense Lawyers (NACDL) is aligned with the Heritage Foundation on this important issue of overcriminalization. He spoke about the improper use of the criminal law and process for political reasons and social regulation, emphasizing the misuse of limited resources. He gave some frightening examples of how ordinary law-abiding citizens were caught up in the criminal process. He said that the estimate today is that there are over 5,000 criminal statutes and then there are also regulatory offenses, and his estimate is over 300,000 federal criminal penalizing statutes and regulations. He noted the lack of a meaningful mens rea in many of these statutes. He mentioned how overcriminalization problems in the United States also involve cases in international law. He suggested that we need education (educating the public and legislators) and also legislators should not be able to delegate criminal responsibility to an agency for the creation of a crime. The legislature should also make crimes clear with a necessary ingredient being the mens rea. In this regard he advocated for an innovation of using mistake of law, something that is being experimented with in New Jersey. Finally, placing all criminal laws in Title 18 is something that he thinks will assist.
This opening address was a lead into a discussion of the next panel on the topic of Overcriminalization,
a panel moderated by Professor Sara Sun Beale. She started with questions of asking whether we have a problem of Overcriminalization and if so, what do we should do about it. The first speaker was Melodee Hanes, Acting Administrator, Office of Juvenile Justice & Delinquency Prevention, U.S. Department of Justice. She said that U.S. detains youth five times more than the next industrialized country. She noted that Japan does not detain their youth; they resolve issues in an alternative method. Community based alternatives are needed. Professor Roger Fairfax (George Washington) discussed the “smart on crime” philosophy. Charles J. Hynes, District Attorney of Kings County, Brooklyn, New York, who created 29 new alternative programs, including a re-entry program, noted the need for criminal law reform.The last speaker was Professor Luis Chiesa (Pace Law School), who offered a comparative perspective from a civil law view. He suggested using rules of construction similar to European courts and others. This international perspective added another dimension to this discussion.(esp)
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NACDL, Defending the White Collar Case, see here
Second Annual White Collar Criminal Defense College at Stetson, see here
International Society for the Reform of Criminal Law, ABA Criminal Justice Section, AALS, Fifth Annual Fall Institute – Sentencing, Reentry, Juvenile Justice, Legal Education, see here
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The NACDL White Collar Criminal Defense College at Stetson is a "boot-camp" program for practitioners wishing to gain key advocacy skills and learn substantive white collar law. The program will cover client retention, investigation in a white collar case, handling searches and grand jury subpoenas, and dealing with parallel proceedings. Participants will have the experience of negotiating a plea, making proffers, and examining which experts to hire and how to protect the client in this process. Interactive sessions with top white collar practitioners will allow the participants to learn trial skills such as opening statements, cross-examination, jury instructions, closing arguments, and sentencing – all in the context of a white collar matter. For more information here and to apply here.
When – January 9-13
Where- Stetson University College of Law, 1401 61st St. S., Gulfport, FL 33707
Hotel – Loews Don CeSar Hotel, 3400 Gulf Boulevard, St. Pete Beach, FL 33706
Faculty:
A. Brian Albritton – Phelps Dunbar, LLP
Michael Attanasio – Cooley, LLP
Henry W. Asbill – Jones Day
Steven Benjamin – Benjamin & DesPortes, P.C. (President of NACDL)
Joseph Bodiford – Bodiford Law
Barry Boss – Cozen O'Connor
Ellen C. Brotman – Montgomery McCracken
Robert M. Cary – Williams & Connolly, LLP
Lee A. Coppock – Stetson University College of Law
David Debold – Gibson Dunn
Lucian E. Dervan -Southern Illinois University School of Law
Ernest Dixon – Navigant Consulting
Donna Lee Elm – Federal Public Defender, Middle District of Florida
James E. Felman – Kynes, Markman & Felman, P.A.
Jack E. Fernandez – Zuckerman Spaeder, LLP
Roberta Flowers – Stetson University College of Law
Todd Foster – Todd Foster Law Group
Ross H. Garber – Shipman & Goodwin, LLP
David Gerger – Gerger & Clarke
Lawrence S. Goldman -Goldman & Johnson
Helen Gredd – Lankler Siffert & Wohl, LLP
John Wesley Hall, Jr. – John Wesley Hall Little Rock Criminal Defense
Jan Lawrence Handzlik – Venable, LLP
Rusty Hardin – Rusty Hardin & Associates, LLP
A. Jeff Ifrah – Ifrah Law
G. Douglas Jones – Haskell Slaughter Young & Rediker, LLC
Anthony A. Joseph – Maynard Cooper and Gale, P.C.
David S. Krakoff – Buckley Sandler, LLP
Sara Kropf – Baker Botts, LLP
Latour Lafferty – Fowler White Boggs
John F. Lauro – Lauro Law Firm
Johnny Lee – Grant Thornton, LLP
Janet Levine – Crowell Moring
Abbe David Lowell – Chadbourne & Parke LLP
Bruce Lyons – Lyons & Sanders Chartered
Edward A. Mallett – Mallett and Saper, L.L.P.
Bruce Maloy – Maloy, Jenkins & Parker
David Oscar Markus -Markus & Markus, PLLC
J. Cheney Mason – J. Cheney Mason, P.A.
Jon May -May & Cohen,P.A.
Michael D.Monico – Monico, Pavich & Spevack
Jane W. Moscowitz -Moscowitz & Moscowitz, P.A.
Kevin J. Napper – Carlton Fields
Susan R. Necheles – Hafetz Necheles & Rocco
William Nortman – Akerman Senterfit
Cynthia Eva Orr – Goldstein,Goldstein & Hilley
J. Edward Page – Carlton Fields
Michael S. Pasano -Carlton Fields
Marjorie J. Peerce – Stillman & Friedman, P.C.
Patricia A. Pileggi -Schiff Hardin, LLP
Barry J. Pollack – Miller & Chevalier
Wes Reber Porter -Golden Gate University School of Law
Mark P. Rankin -Shutts and Bowen, LLP
Rochelle A. Reback -Reback Law, PL
Shana-Tara Regon -Director, White Collar Crime Project, NACDL
Charles H. Rose, III -Stetson University College of Law
Kerri L. Ruttenberg -Jones Day
Brian Sanvidge – Holtz Rubenstein Reminick LLP
Melinda Sarafa -Sarafa Law, LLC
Adam P. Schwartz -Carlton Fields
William N. Shepherd -Holland & Knight, LLP
Gail Shifman -Shifman Group
Neal R. Sonnett -Law Offices of Neal R. Sonnett, P.A.
Edward Suarez – The Law Offices of Ed Suarez, P.A.
Brian L. Tannebaum -Tannebaum Weiss, LLP
Larry D. Thompson – EVP Govt. Affairs, General Counsel & Corporate Secretary PepsiCo, Inc.
Gary R. Trombley -Trombley & Hanes
Lisa M. Wayne -Law Office of Lisa M. Wayne
Morris Weinberg, Jr. -Zuckerman Spaeder, LLP
Jeffrey Weiner -Jeffrey S. Weiner, P.A.
Adrienne Urrutia Wisenberg -Barnes & Thornburg, LLP
Solomon L. Wisenberg – Barnes & Thornburg, LLP(esp)
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The NACDL White Collar Criminal Defense College at Stetson is a “boot-camp” program for practitioners wishing to gain key advocacy skills and learn substantive white collar law. The program will cover client retention, investigation in a white collar case, handling searches and grand jury subpoenas, and dealing with parallel proceedings. Participants will have the experience of negotiating a plea, making proffers, and examining which experts to hire and how to protect the client in this process. Interactive sessions with top white collar practitioners will allow the participants to learn trial skills such as opening statements, cross-examination, jury instructions, closing arguments, and sentencing – all in the context of a white collar matter.
Seminar Location:
Stetson University College of Law
1401 61st St. S.
Gulfport, FL 33707Hotel Accommodations:
Loews Don CeSar Hotel
3400 Gulf Boulevard St.
Pete Beach, FL 33706For more information here.
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MattBray.net 