Deputy AG Rosenstein to speak at ABA White Collar Crime Conference

Rod Jay Rosenstein, deputy attorney general for the Department of Justice, and David Green, director of the UK’s Serious Fraud Office, will deliver keynote speeches at the American Bar Association Criminal Justice Section’s 32nd Annual National Institute on White Collar Crime to be held Feb. 28-March 2 in San Diego.

This annual gathering of the national white-collar bar brings together more than 1,200 leading federal and state judges and prosecutors, law enforcement officials, defense attorneys, corporate in-house counsel and members of the academic community. This year’s lineup of speakers includes 13 federal trial and appellate judges.

Rosenstein, who was sworn in as the 37th deputy attorney general on April 26, 2017, by Attorney General Jeff Sessions, will deliver the keynote address on Friday, March 2, at 9:15 a.m.

Green’s E Lawrence Barcella Memorial Keynote Address is scheduled for Thursday, March 1, at 9:30 a.m. as one of the conference’s three plenary sessions.

The three-day conference will feature three key plenary sessions:

• Thursday, March 1: A panel of U.S. Circuit and District Court judges will engage in a discussion titled, “The Evolving Challenge of Judging: 2018 Edition.” They will discuss some of the personal and professional challenges and difficult substantive issues they confront in the administration of justice. Moderating the panel will be Paul L. Friedman, U.S. District judge, Washington, D.C. Speakers are Paul D. Borman, U.S. District judge, Eastern District of Michigan, Detroit; Brian A. Jackson, chief judge, Middle District of Louisiana, Baton Rouge; Lucy H. Koh, U.S. District judge Northern District of California, San Jose; Benita Y. Pearson, U.S. District judge, Northern District of Ohio, Youngstown; Janis L. Sammartino, U.S. District judge, Southern District of California, San Diego; and Amy J. St. Eve, U.S. District judge, Northern District of Illinois, Chicago.

• Friday, March 2: Panel discussion titled, “Prying Eyes: Think Confidential and Privileged Client Information is Safe at the Border? Think Again.” Panelists will discuss the ethical issues presented by warrantless searches of digital devices by Department of Homeland Security at the border, even where there is no reasonable suspicion of wrongdoing, the recent raid of Jones Day’s offices in Munich in the Audi investigation and the UK High Court ruling requiring the disclosure of attorneys’ interview notes taken during an internal investigation. Speakers include Joseph B. Maher, DHS acting general counsel; and David Green, director of the UK’s Serious Fraud Office.

Program highlights include:

• “The Global Reach of Money Laundering Enforcement” — This panel will discuss the ever-increasing number of international matters initiated and resolved by the Department of Justice, and will explore the foreign crimes that can be predicate offenses for money laundering and the required U.S. nexus for the same. Moderating the panel will be Mara V. J. Senn, Kleptocracy Initiative Money Laundering and Asset Recovery Section, Criminal Division, DOJ. Speakers include M. Kendall Day, acting deputy assistant attorney general, Criminal Division, DOJ. Washington, D.C.; and Monty Raphael QC, Peters & Peters Solicitors LLP, London.

• “Meet the SEC Enforcement Directors: Q & A on SEC Enforcement” — Stephanie Avakian and Steven R. Peikin, co-directors of the Securities and Exchange Commission’s Division of Enforcement in Washington, D.C., will discuss the agency’s enforcement priorities.

• “Cross-Border Enforcement: US Economic and Trade Sanctions Prosecutions” — Panelists will discuss the regulatory and enforcement priorities of the DOJ, Office of Foreign Assets Control and Department of Commerce; the evolving reach of U.S. sanctions law; and the assessment of risk for clients engaged in business relating to Iran, China, Russia and Cuba. Speakers include Jay I. Bratt, chief for Export Controls and Sanctions, Counterintelligence and Export Control Section National Security Division, DOJ, Washington, D.C.; and Michael Dondarski, assistant director for Enforcement Office of Foreign Assets Control, U.S. Department of the Treasury, Washington, D.C.

• “The Foreign Corrupt Practices Act: Recent Developments and Government Priorities” — Panelists will review bribery enforcement during the past year, DOJ and SEC priorities under the Trump administration, including any changes in extraterritorial reach and cooperation, credit policies, sharing of fines with foreign law enforcement authorities and application of the pilot program. Panelists will also consider the recent limits on SEC disgorgement actions. Speakers include Charles E. Cain, chief, FCPA Unit Enforcement Division, SEC, Washington, D.C.; and Daniel S. Kahn, chief, FCPA Unit, deputy chief, Fraud Section Criminal Division, DOJ, Washington, D.C.

• “CFTC Enforcement: Recent Developments and Speculative Prognostication” — The Dodd–Frank Wall Street Reform and Consumer Protection Act changed many things for many people in the American financial markets, but perhaps no agency was as profoundly impacted as the Commodity Futures Trading Commission. Eight years on, the Enforcement Division is making regular use of its new authority and has obtained significant results. Will the toughness continue, or will the current administration be more deferential to the derivatives industry? Speakers include James McDonald, director, CFTC Enforcement Division in Washington, D.C.; and Manal Sultan, deputy director, CFTC Division of Enforcement.

• “Defending Multi-National Investigations” — This international panel will discuss the expanding cooperation between national law enforcement authorities, the scope and limits of corporate liability in major foreign jurisdictions, differing enforcement tools and trends, self-reporting, joint efforts by an international defense team and fashioning global settlements. Speakers are Adriana Dantas, Barbosa Müssnich Aragão São Paulo, Brazil; Saverio Lembo, Bär & Karrer Ltd., Geneva, Switzerland; Stéphane de Navacelle, Navacelle Law, Paris; Judith Seddon, Clifford Chance, LLP, London.