Representatives from the Department of Justice, Securities and Exchange Commission, Federal Trade Commission, Commodity Futures Trading Commission, federal judiciary, states attorneys generals, leading industry experts and academia will be among presenters at the American Bar Association Criminal Justice Section’s 33rd Annual National Institute on White Collar Crime to be held March 6-8 in New Orleans.
The institute brings together 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.
Program highlights include:
• “General Counsel Forum – General Counsel and the Regulators: Shaky Alliances and Dangerous Liaisons” — This panel of general counsels will discuss the realities of working in a post-Yates (Sally, former DOJ deputy attorney general) world and will focus on how general counsel navigate contacts, relationships and inquiries with the DOJ, the SEC and other regulatory bodies, including handling privilege waivers, joint defense agreements, protective orders, Deferred Prosecution Agreements, Non-Prosecution Agreements and more.
• “Meet the Regulators” — This panel of federal regulators will discuss their respective agency’s enforcement priorities.
• “The Explosion of Digital Currency and ICO Enforcement Actions – The Current Landscape and What the Future Holds” — Since the explosion of ICOs (initial coin offerings), the SEC and CFTC have been aggressively pursuing investigations and enforcement actions. The DOJ has also been investigating and charging high-profile cases involving digital currency.
• “The Evolving Challenge of Judging” — Six noted federal judges, led by moderator and U.S. District Judge Paul L. Friedman, will consider some of the personal and professional challenges and difficult substantive issues they confront in the daily administration of justice and explore the evolving task of judging in the 21st century.
• “The Foreign Corrupt Practices Act: Recent Developments and Government Priorities” — Panelists will review bribery enforcement during the past year, DOJ and SEC priorities for 2019, the results of the 2017 DOJ FCPA Corporate Enforcement Policy to date, the effect of the DOJ’s 2018 anti-piling policy, the DOJ extension of declination presumptions to M&A activities, the impact of the Supreme Court Kokesh decision on SEC enforcement and penalties and what constitutes effective anti-corruption compliance monitoring.
• “Sentencing and its Collateral Consequences” — The panel will discuss the recent amendments to the sentencing guidelines for economic offenses and other developments, and consider strategies for effective sentencing advocacy, including with regards to the calculation of loss, multiple and often overlapping specific offense characteristics and effective arguments for obtaining sentences below advisory guidelines ranges.
• “Ethical Challenges Raised by the Conduct of Prosecutors, Defense Counsel and Legal Commentators during High-Profile Investigations” — Panelists will focus on the numerous ethical and professional conduct issues and challenges arising out of the Mueller investigation for both prosecutors and defense counsel, including the search of an attorney’s office, the frequent communications with the media by several of the attorneys involved, the establishment of legal defense funds and the conduct of members of the bar who offer a wide range of views about the significance of leaked evidence on television programs.
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