A glass of ice water, please.
The nice folks at the Birmingham Bar Association (and white-collar criminal defense lawyer Steve Shaw in particular) invited me to deliver a lunchtime CLE on a white-collar subject of my choice. The topic ended up being “The Five Best Ways for Your Client’s Employees to Get Indicted.”
One could come up with more ways your client’s employees could get indicted, but life is short.
Hunting for 18 U.S.C. Section 1001.
Here is the handout: The Five Best Ways for Your Client’s Employees to Get Indicted. Download it. It’s not legal advice, but it has some fairly useful material about bribery, obstruction and honest-services fraud in the Eleventh Circuit, as well as quotes from Men In Black (1997). We spent a fair amount of time on practical considerations in working with businesspeople involved in white-collar investigations, including this piece: Stalking Horses, Pitchfork Crowds, Narrow Neckties, Mr. Rogers’s Slippers and Indicted Employees: 6 Steps To Dodge Being Deweyed.
All about the ratings.
And, there was even a caution against the “Efrem Zimbalist, Jr. Syndrome,” named after the star of the old television series The FBI. Watch this 140-second video on the Efrem Zimbalist, Jr. Syndrome.
A conference with elan.
The ABA Southeastern White Collar Crime Institute near Atlanta on September 10 and 11, 2015 is a good event at a nice place (Chateau Elan) for white-collar practitioners.
Sharman speaking again?
They are letting me speak at the conference, but do not let that dissuade you from attending. The faculty list is comprehensive and the topics timely.
Plus, it’s at a winery.
Here are some of the topics:
The Effective Use of Criminal Discovery: Tactics for the Defense and the Government
Litigating Prosecutorial Conduct: The Line Between Ethics and Tactics
The Foreign Corrupt Practices Act (FCPA) and Other International Bribery Crimes: When Other Nations Join the Enforcement Party
Supreme Court Update and Other Notable Developments in Criminal Law
A View from the Top: A Look at Federal Law Enforcement Initiatives
You Can’t Always Get What You Want: Sentencing Issues in Economic Crimes
and the Limitations of USSG § 2B1.1
White Collar Criminal Enforcement: Is the Government More Willing Than Ever To Go To Trial?
Two different audiences — CJA criminal defense lawyers and Birmingham corporate and non-profit leaders — heard my thoughts, hopefully helpful ones, about white-collar crime and federal criminal discovery.
As part of an annual continuing legal education event sponsored by the Office of the Federal Public Defender for the Northern District of Alabama on December 12 , 2014, we discussed “Discovery In Complex Criminal Cases.” Kevin Butler heads up the Northern District’s FPD office and does a great job. (We interviewed Kevin here). Read more about the Federal Public Defender’s Office here.
This week, I participated in a white-collar crime panel for the 2014-2015 class of Leadership Birmingham, a worthwhile organization. The panel was moderated by John Carroll, former United States Magistrate Judge, former Dean of Cumberland Law School and current Director of the Alabama Ethics Commission. White-collar lawyers Anthony Joseph and John Lentine joined me on the panel. Read more about Leadership Birmingham here.
Here’s the press release: white collar crime
National Association of Criminal Defense Lawyers
White Collar Wire is now listed on the National Association of Criminal Defense Lawyers (“NACDL”) website under White Collar On The Web. The White Collar Crime Policy Department of NACDL does excellent work:
NACDL’s White Collar Crime Policy Department is on the front lines right now combating new and unnecessary criminal legislation and pushing for meaningful criminal justice reform. Our advocacy focuses primarily on the problems of overcriminalization, vicarious corporate criminal liability, and disproportionate and insufficiently flexible sentencing, among others. In support of this effort, NACDL serves as a leader in a politically diverse coalition of bar, non-profit and business groups who advocate for a sound and just criminal justice system.
Developing resources and education opportunities for the white collar criminal defense bar is also a top priority. Through cutting edge white collar CLE programs, an active white collar crime discussion community, and service on the white collar defense committee, we bring together the best-informed criminal defense attorneys to share information and strategy. Exclusive for NACDL Members, we maintain a briefs and motions bank dealing specifically with white collar crime and recently developed a filings bank devoted to post-Skilling honest services fraud cases. The department frequently conducts and publishes cutting-edge policy analysis on emerging issues in white collar enforcement.
Citizens of every political persuasion have a compelling interest in sound white-collar policy.
“The greater the power, the more dangerous the abuse.” Edmund Burke (1729-1797)
(We have written, for example, on why conservatives should support the effort to reform mandatory minimums in non-violent federal sentences). NACDL has a variety of white-collar initiatives, including:
The Network of Trial Law Firms is an excellent CLE vehicle. Here’s a Sharman White Collar Panel Video of a Network panel about white-collar issues for civil lawyers — me, Jackie Arango of Akerman Senterfit (Miami), Joel Neckers of Wheeler Trigg (Denver) and Gerry Leone of Noxon Peabody (Boston). Here’s the blurb from the Network program:
No one thinks of themselves, their employees or their company as “criminals.” On the other hand, Walter White was once just a chemistry teacher. The lines between what are business-crime problems and what are traditional corporate civil issues — compliance, due diligence, regulatory recordkeeping and permitting, whistleblowers, confidentiality, privilege and indemnification — have become blurred. Listen to an experienced panel highlight the most important events and insights from 2013 and what to expect in 2014.
I know, I know. The video is a bit long to just sit and watch unless you’ve previously gone to the “Cocktails” archive of this blog, but I find the most curious point to arrive at minute 25:22, where I play for the crowd a 140-second video of myself talking about search warrants. A video within video. They loved it.
Here’s a story (via @TheAtlantic) about a study from Northwestern University concluding that tenured professors make worse teachers.
This was a study of undergraduate freshmen. Does the same principle hold true for law schools?
From the FCPA Professor, scan through the FCPA Professor Friday Roundup. Great source for current FCPA thinking.
If you are in the New York area, this is an excellent source of free CLE: Network of Trial Law Firms Financial Services CLE Supercourse
When? Friday, September 20, when experienced financial services practitioners from across the U.S. and Canada convene in New York City. Breakfast and lunch at the City Bar Building (44th St. near Sixth Ave.) are included. Presentations are short (20 minutes each).
Why? I admit it — I’m speaking (actually, I’m leading a breakout session on “White-Collar Crime.”).
- Litigating against FINRA and the SEC
- 18 USC 1519: The Changing Face of Obstruction
- Traditional and Alternative Products: Suitability and Supervisory Issues
- FINRA Arbitration – Panel Selection
- Whether Non-Member Registered Investment Advisors (“RIAs”) Should Voluntary Agree to FINRA Arbitration
- Regulatory Trends for RIAs
- Federal Preemption of State Securities Law Claims
- Impact of Canadian Class Actions on the US Capital Market
- Discovery in FINRA Arbitration
- Panel: Chief Compliance Officers Under Siege
- Regulatory and Enforcement Actions Arising from Fiduciary Relationships
- Continued Erosion of Rule 10b-5
- Data Breach and Cyber Liability
- Erosion of Over-Broad Class Actions
Breakout Discussion Sections (with coursebook materials) on:
- Developments in Securities Liability of Attorneys, CPA’s and Other Professionals
- FINRA Arbitrations
- White Collar Crime
- Litigating Customer Disputes
Hope to see you there.