Tuesday, September 15, 2015

Upcoming Event -Overcriminalization

Striking the Right Balance: Criminal v. Civil Law Sanctions 

National Association of Criminal Defense Lawyers (NACDL), Foundation of Criminal Justice (FCJ), Constitution Project (TCP)

Moderator Professor Lucian Dervan (Southern Illinois School of Law)

Panelists - Adeel Bashir (Office of the Federal Defender, Middle District of Florida), John Lauro (Lauro Law Firm), & Marjorie Peerce (Ballard Spahr)

Wednesday, September 16, 2015 from 12:00 PM to 1:15 PM (EDT)  For more information see here.


September 15, 2015 in Conferences | Permalink | Comments (0)

Monday, September 7, 2015

Registration Open for Global White Collar Crime Institute

Registration is now open for the Inaugural ABA Criminal Justice Section Global White Collar Crime Institute, which will take place November 19-20, 2015 at the Ritz-Carlton Shanghai Pudong in Shanghai, China.  The event is done in collaboration with the KoGuan Law School of the Shanghai Jiao Tong University.  I am honored to serve as the Institute Chair and hope to see many of our blog readers at the event.

This conference will be an incredible opportunity to interact with prosecutors, judges, defense counsel, accountants, in-house counsel, and academics from the U.S., China, and other parts of the world as they convene to discuss the complexities of international white collar crime.  

More from the registration website:

The goal of the conference is to bring the energy and excitement of our previous international white collar crime conferences to Asia and create unique opportunities for our participants to network and explore the legal complexities of white collar crime in the growing Chinese legal market. Conference topics will include: 

  • General Counsels’ Roundtable
  • Enforcers' Roundtable
  • How to Conduct an International Internal Investigation
  • Recent Developments in Global Antitrust Cartel Enforcement and Anticipated Implications for China and Asia
  • Comparative Legal Systems & Special Enforcement Issues in China, the US & Beyond
  • Year in Review: Lessons Learned from Recent White Collar Crimes Prosecutions in China & the US
  • Trends Regarding Anti-Corruption Enforcement in China & the US
  • Cyber Crime & Virtual Currencies
  • Social Responsibility of Corporations


Sung-Hee Suh, U.S. Deputy Assistant Attorney General  

Suh was appointed in Sept. 2014 as the U.S. Department of Justice's Deputy Assistant Attorney General overseeing the Criminal Division's Fraud, Appellate and Capital Case Sections.  She re-joined the Department after 15 years in private practice at Schulte Roth & Zabel LLP in New York, where she was a partner in the Litigation group and focused on representing institutions and individuals in financial fraud, securities regulatory, Foreign Corrupt Practices Act, anti-money laundering and sanctions matters.  

The complete program is also now available on the ABA CJS registration website. 


September 7, 2015 in Conferences, International | Permalink | Comments (0)

Wednesday, August 26, 2015

Call for Papers: 2015 ABA Criminal Justice Section Fall Institute Roundtables

Once again, the ABA Criminal Justice Section Academics Committee will host work-in-progress roundtables at the annual Criminal Justice Section Fall Institute in Washington, DC.  The roundtables will be held on Thursday, October 22, 2015 from 12:30-3:00pm at the Loews Madison Hotel, and the ABA will provide sandwiches and drinks for lunch.  The rest of the CJS Fall Institute programs will take place later in the day on Thursday, October 22 and on Friday, October 23 at the same hotel.

We hope you will consider workshopping your criminal justice works-in-progress at these roundtables.  Participants will present their work in a roundtable format, and abstracts or drafts will be shared among presenters and discussants in advance of the workshop. If you’re interested in participating, please email an abstract of your paper of no more than 500 words to Lucian Dervan at ldervan@law.siu.edu by Sept. 15, 2015.  Space is limited, and presenters will be chosen by members of the organizing committee.

This is an excellent opportunity for academics at any stage of their careers, and for those who would like to transition to academia, to workshop pieces at an early stage of development or obtain feedback on more developed pieces. Workshop presenters will be responsible for their own travel and hotel costs, but there is no registration fee for participating in the roundtables.  If you decide to participate in the remainder of the ABA CJS Fall Institute, you will need to register for that event separately.

We are also excited to note that this year’s workshop will begin with a brief opening address by Professor Stephen A. Saltzburg of the George Washington University Law School.  Professor Saltzburg will discuss how to create and execute a productive and impactful research agenda.  Professor Saltzburg is one of the nation’s leading scholars and has authored over twenty books and over 100 articles.  Professor Saltzburg’s talk is not to be missed.

The Criminal Justice Section has secured a special room rate of $269 single/double per night at the Lowes Madison Hotel.  This rate can be reserved by calling 855-255-6397 and referring to the “ABA Criminal Justice Section Fall Institute.”  You can also book online.  Reservations must be made by Thursday, October 1, 2015 at 5:00pm EST to secure this rate.

Please spread the word to those who might be interested, including those not yet in academia.  We have included below some information regarding last year’s workshop.  We hope to see everyone in D.C. at the end of October.

All the best,

Lucian E. Dervan (SIU Law) and Meghan J. Ryan (SMU Law)

Co-Chairs, ABA CJS Academics Committee

Information Regarding Last Year’s Roundtable

On October 23, 2014, the ABA Criminal Justice Section Academics Committee hosted academic roundtables at the ABA Criminal Justice Section Seventh Annual Fall Institute. At these roundtables, scholars from across the country discussed papers on topics ranging from big data’s effect on jury selection to whether second-look sentencing is consistent with the asserted purposes of the Model Penal Code. Participants in the academic roundtables included Joanmarie Davoli (Florida Coastal, now Fed. Soc.), Cara Drinan (Catholic), Andrew Ferguson (Univ. of D.C.), Lea Johnston (Florida), Kevin Lapp (Loyola LA), Ion Meyn (Wisconsin), Steve Morrison (North Dakota), Anthony O’Rourke (Buffalo), and Meghan Ryan (SMU).

Here is a sampling of the great work they presented:

The Miller Revolution, by Cara Drinan (forthcoming in the Iowa L. Rev.)

In a series of cases culminating in Miller v. Alabama, the United States Supreme Court has limited the extent to which juveniles may be exposed to the harshest criminal sentences.  In this Article, I argue that the Miller trilogy has revolutionized juvenile justice.  While we have begun to see only the most inchoate signs of this revolution in practice, this Article endeavors to describe what this revolution may look like both in the immediate term and in years to come. Part I demonstrates how the United States went from being the leader in progressive juvenile justice to being an international outlier in the severity of its juvenile sentencing. Part II examines the Miller decision, as well as its immediate predecessor cases, and explains why Miller demands a capacious reading. Part III explores the post-Miller revolution in juvenile justice that is afoot. Specifically, Part III makes the case for two immediate corollaries that flow from Miller, each of which is groundbreaking in its own right: 1) the creation of procedural safeguards for juveniles facing life without parole (“LWOP”) comparable to those recommended for adults facing the death penalty; and 2) the elimination of mandatory minimums for juveniles altogether. Finally, Part III identifies ways in which juvenile justice advocates can leverage the moral leadership of the Miller Court to seek future reform in three key areas: juvenile transfer laws; presumptive sentencing guidelines as they apply to children; and juvenile conditions of confinement.

Strictissimi Juris, by Steve Morrison (67 Ala. L. Rev. __ (forthcoming 2015)

Guilt by association is universally rejected, but its criticisms are always based on the substantive due process right to individual, not imputed, liability.  The rule of strictissimi juris promises to be the procedural counterpart to the substantive right.  Its promise, however, has gone unfulfilled because it is little understood or developed. This article provides a descriptive, prescriptive, and contextual dissertation on strictissimi juris.  Descriptively, it provides the jurisprudential foundation and definition of strictissimi juris.  Prescriptively, it sets forth the purposes for which lawyers and courts have invoked strictissimi juris, thus providing a guide for how future lawyers might invoke strictissimi juris, and courts apply it.  Contextually, it analogizes strictissimi juris to substantive canons that play important roles in the separation of powers.

August 26, 2015 in Conferences, Scholarship | Permalink | Comments (0)

Friday, October 31, 2014

3rd Annual ABA CJS International White Collar Crime Institute

Earlier this month, I had the pleasure of once again attending the ABA Criminal Justice Section’s annual International White Collar Crime Institute in London.  This year’s event included a host of excellent speakers from around the world addressing some of the most pressing issues in the field.  I thought I would take just a few moments to share some of the insights and themes from the conference.

First, there was much discussion about deferred prosecution agreements in the UK.  Though a very common means of resolving a criminal investigation in the US, DPAs only became possible in the UK earlier this year.  Thus far, no DPAs have been announced in the UK.  That might be about to change, however, as several speakers informed the audience that there are rumors in London that the first such DPA may be entered into towards the end of this year.  We’ll be keeping an eye out for this significant development.

Second, many speakers pointed out important differences that exist globally when discussing white collar crime and enforcement.  For example, in the UK, the SFO prefers that corporations not interview employees during an internal investigation.  Once the US DOJ becomes involved, however, the DOJ tends to insist on interviews, thus creating a conflict of approaches.  As another examples, the trend of requiring monitors as part of settlements is beginning to lose favor in the US.  By comparison, the UK is currently moving towards monitorships.  As a final example, the role of whistleblowers remains drastically different around the globe.  In the US, whistleblowers and whistleblower incentive programs like the FCA and Dodd-Frank are generally considered important tools for discovering misconduct.  In France, by comparison, whistleblowing is discouraged.  In fact, according to our speakers, in France it would be illegal for an employer to require employees to engage in any form of whistleblowing.  These are just a handful of examples of the significant differences that exist around the world and that create complex issues for resolution in cross-border criminal investigations and prosecutions.

Finally, I’ll briefly mention the panel I moderated.  The panel examined collateral consequences of conviction around the world.  Collateral consequences are an issue that is garnering much attention in the United States today.  This is partly because of the ABA’s collateral consequences website, which is an excellent tool for researching the collateral consequences that might be applicable in a particular case.  The website also gives some incredible insights into the breadth and scope of these collateral consequences.  In Illinois, for examples, there are 2,266 statues, rules, and regulations imposing various collateral consequences.  These include things like losing the right to vote, the right to drive, and the right to hold public office.  One might lose a public pension, a business license, or even parental rights.  One might lose access to public housing and food stamps.  The list is voluminous.  One of the most unusual collateral consequences in Illinois makes it a felony for a felon to “knowingly own, possess, have custody, or reside in residence with… an unspayed or unneutered dog or puppy older than 12 weeks of age…."  Our conversation in London revealed that the trend of expanding collateral consequences is not limited to the United States.  In the UK, prosecutors are now more likely to put forward collateral consequences during a prosecution and the courts are becoming more likely to impose them on individual defendants.  

While there are many other fascinating issues that were covered during the conference, including discussion of virtual currencies, anti-bribery initiatives, whistleblowing generally, financial regulations, anti-trust prosecutions, and cyber security, I’ll stop here.  But I hope this gives some insight into the complexities of international white collar crime in a global environment where significant differences abound.  


October 31, 2014 in Conferences, Current Affairs, Deferred Prosecution Agreements, International, Investigations | Permalink | Comments (0) | TrackBack (0)

Tuesday, August 12, 2014

Future Trends Regarding White Collar Crime and China

As I mentioned in my post last week, I moderated a roundtable discussion at this year's ABA annual meeting entitled Navigating the White Collar Crime Landscape in China.  While the discussion included many unique and interesting insights into current trends and challenges in the field of white collar crime in China, I thought I might share just a few of the themes we heard from participants.

First, according to our participants, we should expect to see a continued focus on anti-corruption enforcement actions by both the United States and China.  Second, it is important to note that China has begun focusing on the prosecution of high-level corporate employees, not just low-level employees and the corporation.  Third, we should anticipate that China will continue to expand its anti-corruption mission, including directing more attention towards U.S. entities.  In this regarding, it was also predicted that China may soon explore the adoption of an anti-corruption statute with extraterritorial jurisdiction to assist it in undertaking a broader anti-corruption mission similar to the U.S.  This might mean we will soon see a Chinese version of the FCPA.  Finally, several of our panelists noted that China is increasing its focus on data privacy and state secrets laws, including enforcing such laws against foreigners more vigorously.

Regarding this last theme from the discussion, I'll note that on the morning of our program two corporate investigators in China, one from the UK and the other from the U.S., were found guilty of purchasing private information regarding Chinese citizens.  The pair, who are married, were well known in the internal investigation community in China and regularly performed work for large U.S. corporations, including GlaxoSmithKline.  According to the charges, the pair violated Chinese law by illegally acquiring personal information on Chinese citizens and then selling that information to their clients.  The first defendant, Peter Humphrey, was sentenced to two and a half years in prison.  The second defendant, Yu Yingzeng, was sentenced to two years in prison.  Those who perform due diligence and internal investigation work in China are keeping a close eye on this and related matters.  You can read more about the prosecution in The Wall Street Journal


August 12, 2014 in Conferences, Corruption, FCPA, International, Investigations, Prosecutions, Sentencing | Permalink | Comments (0) | TrackBack (0)

Monday, August 4, 2014

ABA Annual Meeting - Roundtable Discussion Regarding White Collar Crime and China

For those attending this year's ABA Annual Meeting in Boston, I wanted to alert you to a roundtable discussion occurring on Friday, August 8 from 3-5pm (Room 308, Level 3, Hynes Convention Center) entitled Navigating the White Collar Crime Landscape in China.

The event, which is co-sponsored by the Chinese Business Lawyers Association, will focus on emerging trends and challenges in the field of white collar crime in China.  The event will begin with short presentations by a host of experts in the area, each of whom will offer their own unique insights.  Following these brief introductory remarks, everyone in attendance will participate in an open dialogue.  During the discussion portion of the program, panelists and audience members are encouraged to ask questions and share insights and experiences.  It is anticipated that a wide variety of topics will be discussed and analyzed during this roundtable discussion, including strategies for conducting corporate internal investigations, advice for dealing with government agencies, best practices for corporate compliance, and current trends regarding cybercrime and corporate espionage, whistle-blower programs, anti-corruption enforcement, money laundering, and trade violations.  

I will be moderating the program and will be joined by the following featured discussants:

Ronald Cheng - USAO, Central District of California

William McGovern - Kobre & Kim LLP, Hong Kong

Karen Popp - Sidley Austin LLP, Washington DC

Zaldwaynaka (Z) Scott - Kaye Scholer LLP, Chicago, Illinois

Philip Urofsky - Shearman & Sterling LLP, Washington, DC

Keith Williamson - Alvarez & Marsal, Hong Kong

Debra Yang - Gibson Dunn, Los Angeles, California

It should be a wonderful event.  I hope to see some of our readers there. 


August 4, 2014 in Conferences, International | Permalink | Comments (0) | TrackBack (0)

Thursday, May 8, 2014

The Taslitz Galaxy: A Gathering of Scholars at Howard - Friday, September 19th, 2014

Howard University School of Law is hosting a conference in honor of Andrew Taslitz, who died on February 9, 2014. It is not a traditional symposium, for we expect concurrent sessions on many subjects. It is open to people who knew Taz and to those who were inspired by his writing or teaching. If you would like to take part in the live event, please submit an abstract by May 30, 2014 to the co-chairs named below. The conference is free but speakers must pay their own way.

Send abstact to co-chairs:

Josephine Ross      JRoss.howardlaw@gmail.com

Lenese Herbert      LHerbert@law.howard.edu

Ellen Podgor         EPodgor@law.stetson.edu

For more details, see here - Download Andrew Taslitz Galaxy

May 8, 2014 in Conferences | Permalink | Comments (0) | TrackBack (0)

Tuesday, April 8, 2014

NYU Conference - Deterring Corporate Crime: Effective Principles for Corporate Enforcement

I had the privilege of being at an NYU Conference titled, Deterring Corporate Crime: Effective Principles for Corporate Enforcement.  Hats off to Professor Jennifer Arlen for bringing together folks with some different perspectives on corporate crime. Individuals presented data, and I heard different positions presented (corporate, government, industry, judicial) on a host of topics.  The individual constituent (CEO, CFO, employee) within the corporation was not a key focus, unless it was a discussion of their wrongdoing or prosecution.   

From this conversation it was clear that deterring corporate wrongdoing is not easy.  Penalties have increased, yet we continute to see corporate criminality.  So the question is, how do we encourage corporations not to engage in corporate wrongdoing?

This is my top ten list of what I think exists and what needs to be changed -

1. Most companies try to abide by the law.

2.  Complying with the law is not always easy for corporations. In some instances the law and regulations are unclear, making it difficult to discern what is legal.  The array of different laws and regulations (e.g., state, federal, and international), as well as their complexity  makes corporate compliance problematic.

3.  Companies resort to internal investigations to get information of wrongdoing within the company. In some instances companies will threaten individuals with the possible loss of their jobs if they fail to cooperate with a corporate internal investigation. Individuals who provide information to their employers sometimes do not realize that the company may provide that information to the government and the information may then be used against them.

4.  If a company is criminally charged, it typically is financially beneficial for the company to fold, work with the government, and provide information to the government of alleged individual wrongdoing within the company.

5. DOJ's incentives to a corporation that causes it to fold and provide evidence to the government against alleged individual wrongdoers may be causing more harm because it pits corporations against its individual constituents.

6. We need a stronger regulatory system.  Our system is broken and one just can't blame agencies like the SEC.

7. If we expect agencies like the SEC to work, Congress needs to provide them with more money to engage in real regulatory enforcement.

8. There are many good folks in DOJ, including AG Holder, who look longterm at stopping corporate wrongdoing. But there are also individuals in DOJ who fail to see the ramifications of what may seem like short-term benefits.   

9. Corporate crime can be reduced if everyone - the corporation, government, and also the individual constituents would work together.

10. It would be beneficial in reducing corporate crime if there was more transparency.  We all need to hear what works - when there are declinations of prosecutions, or when an agency decides not to fine a company. We can learn from the good things companies do (anonymously) and when DOJ declines to proceed against the company.   


April 8, 2014 in Conferences, FCPA, Prosecutions, Prosecutors, Qui Tam, SEC, Settlement | Permalink | Comments (0) | TrackBack (0)

Monday, March 24, 2014

Keker and Little Receive White Collar Criminal Defense Award at NACDL White Collar Criminal Defense College at Stetson

On Saturday, March 22, the National Association of Criminal Defense Lawyers presented both John Keker and Jan Nielsen Little with the 2014 White Collar Criminal Defense Award at Stetson University College of Law in Gulfport, Fla. Keker and Little received their awards during NACDL’s White Collar Criminal Defense College at Stetson. The White Collar Criminal Defense Award is presented annually to individuals who have made a profound impact on the field of white collar criminal defense advocacy.

Keker and Little are partners at the San Francisco, Calif., law firm of Keker & Van Nest LLP. They have worked together on numerous high-profile white collar criminal cases, including former Enron CFO Andrew Fastow who was charged with over 100 counts of securities fraud and other crimes. The pair has also represented Mississippi plaintiffs’ attorney Dickie Scruggs and investment banker Frank Quattrone. In 1995, they obtained an acquittal at trial for San Francisco attorney Patrick Hallinan, charged with RICO and drug conspiracy offenses.

Presenting the award, NACDL Executive Director Norman Reimer said, “This year’s recipients of NACDL's White Collar Criminal Defense Award, John Keker and Jan Nielsen Little, partners at Keker & Van Nest LLP, are truly a dynamic duo. They are two lawyers of extraordinary talent and tenacious resolve who not only excel in advocacy for their clients, but excel also in setting the highest standards of professionalism and service to their colleagues in the defense bar and society at large.”

Keker co-founded Keker & Van Nest LLP in 1978. He represented cyclist Lance Armstrong in a case in which the Department of Justice terminated its investigation of Armstrong without filing any criminal charges. Keker is a graduate of Yale Law School and received his B.A. from Princeton University. He clerked with U.S. Chief Justice Earl Warren and served as a Marine infantry platoon leader during the Vietnam War.

Little has been a practicing criminal defense lawyer for more than 25 years. She represented a Silicon Valley executive in the country’s first stock options backdating prosecution, obtaining a dismissal of six of eight counts and a 60-day sentence on the remaining counts. Little earned her J.D. at Yale Law School and her B.A. at the University of California, Berkeley, completed a clerkship with Judge William W. Schwarzer of the U.S. District Court, Northern District of California, and worked with the U.S. Department of Justice’s Criminal Division before becoming a defense attorney.

The NACDL White Collar Criminal Defense College at Stetson is an educational “boot-camp” program for legal practitioners from across the country wishing to gain key advocacy skills and learn substantive white collar law from masters in the field.


March 24, 2014 in Conferences, Defense Counsel | Permalink | Comments (1) | TrackBack (0)

Monday, January 20, 2014

Symposium - Taking Stock of Citizens United: How the Law Has (Has Not) Changed Four Years Later

Friday, February 28, 2014 - A Symposium at Stetson University College of Law Co-Sponsored by Stetson Law Review, Corporate Reform Coalition and American Constitution Society

Gulfport, Florida

Information here.


January 20, 2014 in Conferences | Permalink | Comments (1) | TrackBack (0)

Monday, November 25, 2013

NACDL White Collar Criminal Defense College at Stetson

NACDL White Collar Criminal Defense College at Stetson - March 19 - 22, 2014 

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 33707

Hotel Accommodations:
Loews Don CeSar Hotel
3400 Gulf Boulevard
St. Pete Beach, FL 33706

For more information, see here.  


November 25, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Monday, October 7, 2013

Upcoming Conferences

NACDL's 9th Annual Conference - Defending the White Collar Case: In and Out of Court, Oct. 24-25, Washington, D.C. - here

ABA 2013 International White Collar Crime Conference, London, October 7-8 - here



October 7, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Friday, August 16, 2013

Upcoming Conferences

ABA Sixth Annual Foreign Corrupt Practices Act National Institute, Sept. 18-19, 2013, Washington, D.C. - here

NACDL's 9th Annual Conference - Defending the White Collar Case: In and Our of Court, Oct. 24-25, Washington, D.C. - here


August 16, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Friday, May 17, 2013

NACDL White Collar Crime Conference

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.


May 17, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Tuesday, May 14, 2013

Upcoming Conferences

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 Brochure

AALS 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


May 14, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Friday, March 29, 2013

Upcoming 2013 Federal Sentencing Guidelines Seminar

22nd Annual National Seminar on Federal Sentencing Guidelines, May 22-24, 2013 - Orlando, Florida - here


March 29, 2013 in Conferences | Permalink | Comments (0) | TrackBack (0)

Monday, February 4, 2013

Irving R. Kaufman Memorial Securities Law Moot Court Competition

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.


February 4, 2013 in Conferences, News, Scholarship, Securities | Permalink | Comments (0) | TrackBack (0)

Thursday, November 1, 2012

Upcoming Conferences

NACDL Defending White Collar Cases, New York, November 15-16th here

ABA Securities Fraud National Institute, New Orleans, November 15-16th  here

NACDL White Collar Criminal Defense College at Stetson, St Pete Beach, Florida, Jan. 9-13 here


November 1, 2012 in Conferences | Permalink | Comments (0) | TrackBack (0)

Friday, October 26, 2012

ABA Fall Institute - Sentencing Panel

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.   


October 26, 2012 in Conferences, Sentencing | Permalink | Comments (0) | TrackBack (0)

ABA Fall Meeting -Opening Session & Overcriminalization Panel

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.


October 26, 2012 in Conferences, International | Permalink | Comments (0) | TrackBack (0)