The American Bar Association Criminal Justice Section will hold its 38th National Institute on White Collar Crime in person from 9 a.m. Wednesday, March 1, to noon Friday, March 3, at the Hyatt Regency Hotel in Miami.
This year’s program features presenters from across the legal landscape, including panels of U.S. district judges, general counsel of leading corporations and directors of enforcement for the Securities and Exchange Commission and the Commodity Futures Trading Commission, as well as senior representatives of the Department of Justice Criminal, Civil, National Security and Antitrust divisions. On Friday morning, speakers will explore ethical issues and challenges that have confronted prosecutors and defense counsel in recent high-profile white collar crime cases.
U.S. Deputy Attorney General Lisa O. Monaco will deliver the annual E. Lawrence Barcella Memorial Address at 9:15 a.m. on Thursday, March 2. Other keynote speakers include Criminal Division Assistant Attorney General Kenneth Polite, Jr., and Dennis Chookaszian, retired chairman and CEO of CNA, former chairman of the Financial Accounting Standards Advisory Council, current director on the board of several publicly traded companies and adjunct professor of corporate governance at the University of Chicago Booth School of Business.
The sessions include:
• “Special Session – Conversation with the Enforcers & Regulators” — The panel will discuss their current respective enforcement priorities.
• “Ethical Considerations of Multi-Party Representations” — Leading panelists will discuss the ethical and practical implications of multi-party representations, including identifying and controlling conflicts when representing multiple individuals, including serving as pool counsel, the impact of such representations where one client is immunized and testifies against another client, examining the implications and updated guidance regarding interviewing employees who are involved in the underlying conduct or potential witnesses when representing a company and the ethics rules surrounding withdrawal – both mandatory and permissive – when conflicts arise in multi-party cases, as well as the potential sanctions that may be imposed.
• “Antitrust Criminal Enforcement – Trends and Recent Developments” — Panelists will discuss recent prosecutions and trials by the government and its priorities and successes and failures in court.
• “Negotiating Corporate Resolutions with DOJ and the SEC” — A panel will consider the most effective methods, strategies and arguments for making the best corporate resolutions presentations to those agencies.
• “False Statements to the Government: 1001 Ways that Speaking Can be Dangerous to Your Freedom” — Panelists, including United States Attorney for the Eastern District of Virginia Jessica D. Aber, will discuss legal and strategic approaches for handling prosecutions for making false statements to government authorities under 18 U.S.C. §1001, and address the definition of “materiality,” the scope of judicial and congressional exceptions to Section 1001 liability and the viability of fraud charges premised on false statements to government authorities. False statements have been charged as frauds and other illegal schemes on the theory that a false statement to the government may also constitute a fraud on a private party. Recent high-profile examples include the prosecutions of Michael Flynn and Michael Sussman.
• “Meeting Expectations of DOJ and the SEC for Your Compliance Program” — A panel will explore the DOJ’s and SEC’s current approach to, and requirements for, compliance and best practices to meet (and exceed) those expectations.
For additional information on the institute, visit https://bit.ly/3 KujWsA.
