April 20, 2020 Section News

Fall Meeting Highlights

Kyo Suh

During November 7–10, 2019, the ABA Criminal Justice Section hosted its annual Fall Institute, CLE program, and committee and Council meetings in Washington, DC. The program kicked off with the White-Collar Crime Townhall, “When Cooperation Becomes Co-option: The Risk That Companies Under Investigation Become State Actors.”

The Friday programming began with an opening address from the District Attorney of Suffolk County, Boston, MA, Rachael Rollins. Rollins was followed by an interactive plenary session led by the Task Force: Women in Criminal Justice. Breakout sessions addressed criminal justice reform, restorative justice, cannabis legalization, and The First Step Act. The keynote address was provided by Judge Richard Mark Gergel, author of Unexampled Courage: The Blinding of Sgt. Isaac Woodard and the Awakening of President Harry S. Truman and Judge J. Waties Waring. Gergel described the blinding as a catalyst for the civil rights movement and the overturning of school segregation. The program concluded with a special youth court reenactment and discussion of youth court diversion programs by the Global Youth Justice Movement.

The highlight of the Institute was the annual CJS Awards Luncheon, during which the Section honored the winners of the 2019 CJS Awards:

  • Charles R. English Award: Honorable Arthur L. Burnett Sr.
  • Livingston Hall Juvenile Justice Award: Honorable Jay Blitzman
  • Frank Carrington Crime Victim Attorney Award: Network for Victim Recovery of DC’s Legal Team
  • Norm Maleng Minister of Justice Award: Camelia M. Valdes
  • Raeder-Taslitz Award: Professor Joseph L. Hoffman

The Section also recognized the 2019 winner of the Greenhalgh Writing Competition: Michael dePascale Jr. of Roger Williams University School of Law.

London White Collar Crime Institute

The Section returned to London to host the Eighth Annual London White Collar Crime Institute during October 14–15, 2019. The institute was hosted at the London office of Bryan Cave Leighton Paisner LLP with two days of CLE programming and networking receptions.

The panels began with a roundtable discussion on enforcement trends with Director, Serious Fraud Office, Lisa Kate Osofsky and U.S. Attorney for the Eastern District of New York Richard Donoghue. The “Navigating Sanctions” panel included the Director of the U.S. Department of Treasury (OFAC) and the Director, Office of Financial Sanctions Implementation HM Treasury, in addition to legal experts in navigating sanctions from the corporate perspective. Other panels compared jurisdictions around the world, sentencing, money laundering enforcement, and cyber crisis management.

The second day of programming included the keynote address, delivered by Peter Pope of The Serious Fraud Office—UK. The program then hosted a two-part white-collar crime hypothetical exercise examining allegations of bid rigging, inflated invoices, kickbacks, and money laundering via cryptocurrencies. The first part focused on the investigation phase, while the second part discussed prosecution and enforcement matters.

The Institute provided excellent panelists, ranging from positions in international regulatory leadership and the Department of Justice, to general counsel and private practice. International panelists represented the following jurisdictions: Britain, Canada, Germany, Ireland, Italy, Spain, and Switzerland.

Southeastern White-Collar Crime Institute

The Sixth Annual Southeastern White-Collar Crime Institute took place in Braselton, Georgia, September 5–6, 2019. This annual institute provides attendees with excellent networking events and panels that address developments and strategies in white-collar law. The Institute provided eight panels covering the following topics: electronic discovery, international criminal enforcement, health care fraud enforcement, ethical guidance for internal investigations and the impact of big data on health care, and RICO and money laundering investigations. The program hosted their annual panels with judges and DOJ enforcers and a review of the Supreme Court. The keynote was provided by the Attorney General of Georgia, Christopher Carr. This year, the Institute had US Solicitor General Noel Francisco speak in a fireside chat, where he provided a review of significant appellate court decisions and a preview of the upcoming term.

New Books

The Privilege of Silence: Fifth Amendment Protections Against Self-Incrimination, Third Edition
By Steven Salky

This guide is designed as a basic research tool to aid practicing lawyers in thinking about and applying the Fifth Amendment privilege in various contexts and proceedings. This third edition not only updates the second edition with more recent court decisions but also expands the prior discussion on certain topics in order to elucidate, or in some instances question, a trend or a decision.

The Fourth Amendment Handbook, Fourth Edition
By William W. Greenhalgh

This handbook is the definitive guide to understanding Fourth Amendment case law. With summaries of all Supreme Court Fourth Amendment decisions through January 2019, the book is an excellent reference on the evolving history of the Fourth Amendment. This newly updated and revised chronological survey serves as a starting point for research, a quick means of review, or a checklist in court. The handbook is an invaluable resource for any lawyer presented with an issue involving search and seizure.

Upcoming Events

  • 11th Annual Prescription for Criminal Justice and Forensic Science Institute: June 4–5, New York, NY
  • CJS Annual Meeting: July 30–Aug. 2, Chicago, IL
  • Southeastern White-Collar Crime Institute: Sept. 9–11, Braselton, GA
  • 9th Annual London White Collar Crime Institute: Oct. 12–13, London, UK
  • CJS Fall Institute: November 2020, Washington, DC

Please see the CJS website at http://www.americanbar.org/crimjust for more information on all CJS activities.

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Kyo Suh  is the technology and publications manager for the Criminal Justice Section.