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February 28, 2024

AG Merrick B. Garland to speak at ABA White Collar Crime Institute March 6-8 in San Francisco

WASHINGTON, Feb. 28, 2024 — Attorney General Merrick B. Garland, Deputy Attorney General Lisa Monaco and U.S. district judges, general counsel of leading corporations and directors of enforcement for several federal agencies are among the officials who will participate in the American Bar Association 39th National Institute on White Collar Crime March 6-8 in San Francisco.

The attorney general will be interviewed in a fireside chat at 1:05 p.m. (PST) on Wednesday, March 6, by Kenneth A. Polite Jr., former assistant attorney general for the U.S. Department of Justice’s Criminal Division and now a partner with Sidley’s white-collar practice.

Monaco will give the annual E. Lawrence Barcella Memorial Address at 9:15 a.m. (PST) Thursday, March 7. Other keynote speakers include Switzerland Attorney General Stefan Blättler and Jean-François Bohnert, director of France’s national financial prosecution office, the Parquet National Financier, and a magistrate, who will deliver remarks at 11:30 a.m. (PST) Thursday.

In addition to the keynote speakers, general counsel and senior legal and compliance officers and directors from Amazon, Bristol Myers Squibb, General Dynamics, Google, Merck, MGM Resorts, Pinterest, Uber and United Airlines, among others, will participate.

39th National Institute on White Collar Crime 
Sponsored by the ABA Criminal Justice Section

Wednesday-Friday, March 6-8

Marriott Marquis
780 Mission St.
San Francisco, California

Program highlights include (all times are PST):

“Crosshairs and Crossroads – Recent Trends in Criminal Antitrust Enforcement” — Panelists will share insights on hot topics and recent developments in criminal antitrust law and corporate compliance best practices given increased antitrust enforcement. Federal topics include the DOJ’s high-profile no-poach cases and trials, recent criminal monopolization prosecutions and bid-rigging and price-fixing enforcement.

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

“Dealing with the Media in High-Profile Cases” — Panelists will address the ethical issues attorneys confront when representing clients in matters that generate media attention, including applicable ethics rules and how to ensure compliance with them, strategies for dealing with the media, the retention of public affairs/crisis communications firms and the preservation of the attorney-client privilege and the ethics of DOJ press conferences and speaking indictments.

Wednesday, 3:20-4:30 p.m.

“Ethical Issues Confronting Law Firms and In-House Counsel in White-Collar Cases” — This panel will explore some of the critical ethical issues that law firm and in-house lawyers confront in white-collar matters, including representation conflicts and the withdrawal from such representation in certain instances, the effectiveness of advance waivers, establishing the scope of a representation, finalizing engagement letters and the utility and effectiveness of appointing a firm ethics guru.

Thursday, 2:45-4 p.m.

“Ciminelli, Percoco, Varsity Blues and the Future of Fraud and Bribery Prosecution” — The Supreme Court decided two important mail/wire fraud cases last term: Ciminelli v. United States and Percoco v. United States. In the high-profile “Varsity Blues” prosecution (United States v. Abdelaziz), the 1st Circuit set aside fraud and bribery charges in the context of private universities. This panel will discuss the impact of these decisions, including how the Supreme Court’s approach to interpreting white-collar criminal statutes affects federal fraud and corruption prosecutions going forward.

Thursday, 2:45-4 p.m.

“Zealous Representation: The Pursuit of Justice or Obstruction of Justice” — The adversary system requires zealous advocacy on behalf of the accused. The statutes criminalize conduct that obstructs justice. And the ethics rules require adherence to each. This panel will discuss the difficulties advocates may encounter in the zealous representation of a client facing the government, which holds the authority to at least preliminarily decide when the advocate’s conduct crosses the line.

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

“Artificial Intelligence, Ethics and White-Collar Crime: What Does the Future Hold?” — Experts will explore ethical issues relating to artificial intelligence, including how it affects white-collar practitioners; how it can be used to prepare complex cases; consider some of the biases and problems built into the use of AI in the current environment; and discuss recent enforcement trends, potential future criminal cases and defenses that can be raised in such cases.

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

A complete agenda can be found online: For media registration, please contact Shanda T. Ivory at [email protected].

The ABA Criminal Justice Section is the "unified voice of criminal justice." With its diverse membership of criminal justice professionals, the ABA Criminal Justice Section is uniquely situated to bring all the various actors to the table to address today's most pressing criminal justice issues.

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