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February 22, 2023

ABA to host 38th National Institute on White Collar Crime in Miami, March 1-3

CHICAGO, Feb. 22, 2023 —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.

38th National Institute on White Collar Crime
Sponsored by the ABA Criminal Justice Section

Wednesday-Friday, March 1-3

Hyatt Regency Hotel
400 SE 2nd Ave.
Miami, Florida

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.

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 (all times are ET):

“Special Session – Conversation with the Enforcers & Regulators” The panel, including Nicole M. Argentieri, principal deputy assistant attorney general, Criminal Division, U.S. Department of Justice; Daniel M. Gitner, chief, Criminal Division/assistant U.S. attorney, Southern District of New York-Chief, Criminal Division; Gurbir S. Grewal, director of enforcement, Securities and Exchange Commission; Gretchen L. Lowe, acting director, Division of Enforcement, Commodity Futures Trading Commission; and

Marshall L. Miller, principal associate deputy attorney general, U.S. Department of Justice, will discuss their current respective enforcement priorities.

Wednesday, 1:15-2:30 p.m.

“Ethical Considerations of Multi-Party Representations” — Leading panelists, including Lauren F. Louis, U.S. magistrate judge, Southern District of Florida, and Michael E. Horowitz, inspector general, U.S. Department of Justice, 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.

Thursday, 2:45-4 p.m.

“Antitrust Criminal Enforcement – Trends and Recent Developments” — Panelists, including Emma Burnham, acting chief criminal enforcement, Antitrust Division, U.S. Department of Justice, will discuss recent prosecutions and trials by the government and its priorities and successes and failures in court.

Wednesday, 10:30-11:45 a.m.

“Negotiating Corporate Resolutions with DOJ and the SEC” — A panel, including Katherine (Katy) Choo, vice president and chief counsel, Global Investigation, General Electric; Lorinda Laryea,

principal deputy chief, Fraud Section, Criminal Division, U.S. Department of Justice; and Alka Patel

associate regional director, Regional Office, Securities and Exchange Commission. The panel will consider the most effective methods, strategies and arguments for making the best corporate resolutions presentations to those agencies.

Thursday, 2:45-4 p.m.

“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.

Thursday, 2:45-4 p.m.

“Meeting Expectations of DOJ and the SEC for Your Compliance Program” - A panel, including Thierry O. Desmet, assistant director, FCPA Unit, Securities and Exchange Commission; Lauren Kootman, assistant chief, Corporate Enforcement, Compliance & Policy Unit, Fraud Section, Criminal Division, U.S. Department of Justice; and leading practitioners will explore the DOJ’s and SEC’s current approach to, and requirements for, compliance and best practices to meet (and exceed) those expectations.

Thursday, 4:15-5:30 p.m.

Other topics include:

  • Recent developments and new trends in Foreign Corrupt Practices Act enforcement
  • Securities enforcement by a more pro-active SEC
  • Health care fraud developments
  • Money laundering and asset seizures enforcement
  • Developments in tax enforcement
  • Defending false claims act cases
  • Recent enforcement and regulatory efforts impacting digital and cryptocurrency
  • International developments in Europe and Latin America
  • Representing parties in congressional inquiries and parallel criminal investigations

For media registration, please contact Shanda T. Ivory at [email protected]. Note: As part of the registration process, every attendee is required to affirm his/her commitment to comply with the in-person meeting guidelines. Please review the requirements carefully prior to registering for the meeting.

The ABA is the largest voluntary association of lawyers in the world. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.