THE UNIFIED VOICE OF CRIMINAL JUSTICE

Transcription

1 THE UNIFIED VOICE OF CRIMINAL JUSTICE LEADERSHIP CONNECTION AMERICAN BAR ASSOCIATION CRIMINAL JUSTICE SECTION WILLIAM BILL SHEPHERD, CHAIR December 10 December 14, Follow us at ABA CJS on Criminal Justice Section and WCC Address Compliance in Frankfurt As chair of the International Criminal Law Committee, Robert Johnson challenged his committee members to come up with programmatic ideas. Professor Lucian Dervan, Visiting Assistant Professor of Law, University of Georgia School of Law, and Assistant Professor of Law, Southern Illinois University School of Law presented the idea of an international internal investigations conference to be held overseas. He quickly teamed with German lawyer Markus Rubenstahl, a board member of the WisteV, the German White Collar Crime Association, to serve as planning co-chair, securing WisteV as the overall co-sponsor of the event. The two later recruited the DAJV or German American Lawyers Association as an additional co-sponsor of the conference. The first-ever CJS International Internal Investigations Conference was held December 8 in Frankfurt, Germany. Presented by the American Bar Association Criminal Justice Section & WisteV, the highly successful conference brought together members of the international law enforcement community, general counsel, compliance officers, outside counsel, investigators, auditors, and legal scholars to discuss the most current, pressing, and difficult issues in this rapidly changing field. 1

2 Participants were informed of new and complex money laundering and fraudulent financial schemes rampant in today s uncertain global economy; white-collar criminal prosecution and practice especially cross border discovery; the globalization of anti-corruption investigations and prosecution; and the issues surrounding global terrorism and human trafficking. Legal experts from around the world convened in Frankfurt to discuss trends in transnational investigations; selecting appropriate investigators and investigatory models; best practices for collecting, reviewing and transferring documents internationally; and strategies and concerns during disclosure and settlement. In today s globalized economy and enforcement environment, internal corporate investigations are becoming complex and evolving international endeavors. (Photographed above right is the Opening Session in Frankfurt). Opening Remarks were presented by Professor Dervan. The conference also featured Dr. Klaus Moosmayer, Chief Counsel of Compliance at Siemens AG, as the Keynote Speaker, who addressed the globalization of international internal investigations during the luncheon hosted by the Criminal Justice Section. The conference commenced with a reception sponsored by Platinum Partners Alvarez & Marsal, Guidepost Solutions, and C.F. Müller. This past October, the White Collar Crime Committee also hosted the highly successful Inaugural International White Collar Crime Conference in London, which featured expert practitioners and government officials from the US, the UK, and beyond. Section Director Jack C. Hanna commented, We have had a great start with oversees programming in London and Frankfurt and I want to personally single out Senior Staff Attorney Jane Messmer for her excellent behind the scenes work to make both events outstanding. Photographed above are panelist Scott Marrah, Moderator (not pictured in this photo), Kilpatrick Townsend & Stockton LLP, USA; Gary G. Grindler, Chief of Staff, U.S. Attorney General Eric Holder and Former Acting Deputy Attorney General U.S. Department of Justice, USA; Frank Viessmann, Senior Counsel, Daimler AG, Germany; Walter White, McGuire Woods, United Kingdom; and Jimmy Pappas, Managing Director, Alvarez & Marsal, USA. The panel presented on the topic of Recent Trends in Transnational Internal Investigations. The Planning Committee for the Frankfurt conference were Chair Bill Shepherd, Section members Professor Lucian Dervan, T. Markus Funk, Tyler Hodgson, Scott Marrah, Pamela Chepiga, Nick Harbist, Michael Clark, and P.B. Dubois, as well as Markus Rubenstahl, of cosponsor WisteV. Additional conference sponsor included DAJV, the German-American Lawyers Association, with premier financial sponsorship from Alvarez & Marsal, Guidepost 2

3 Solutions, and C.F. Müller, the German legal publisher of the widely read German white collar crime journal Wistra. All photos from Frankfurt, Germany were taken by CJS Technology and Publications Manager, Kyo Suh. FREE WEBINAR: REGISTER TODAY Webinar on the New Prison Rape Elimination Act Regulations (PREA): What Lawyers Need to Know? Monday, December 17, 1 PM Eastern CLE Premier Speaker Series (1.5 CLE Credits Requested) Join the Criminal Justice Section as Corrections Committee Co-Chair Giovanna Shay moderates this important topic during the American Bar Association CLE Premier Speaker Series. This program will describe the new Prison Rape Elimination Act (PREA) regulations promulgated earlier this year by the Department of Justice. Register today. Attend this program to: Learn how attorneys have an important role to play in achieving full implementation of PREA regulations Hear how you can advocate informally on behalf of clients held in situations that fail to comply Get information on procedures, under the new regulations, to file complaints or assist clients in filing grievances Learn about advocacy opportunities for lawyers working on behalf of sexual abuse survivors in communities Register now for this exciting FREE benefit of ABA membership using your member ID ( ). CALL FOR AWARD NOMINATIONS Frank Carrington Crime Victim Attorney Award Nomination deadline: December 17, The Criminal Justice Section is accepting nominations for the Frank Carrington Crime Victim Attorney Award. Nominees must be attorneys or legal service providers (including organizations) who has either directly represented specific victims in criminal, juvenile, or appellate courts or 3

4 who have worked to promote or implement policies to improve the treatment of crime victims in the criminal justice system. Detailed Criteria of Selection: Criteria for selection will consist of the following factors: A. Contributions of the nominee over the course of the nominee s career to improve the rights of crime victims in the system. B. Contribution of outstanding legal scholarship or legal advocacy to improve the rights of crime victims in the system. C. Provision of volunteer efforts to victims or efforts beyond the normal employment obligations. D. Provision of leadership or major role in the advancement of the rights of crime victims in the system. Nominating Procedures: Nominations should include (1) a letter addressing the award criteria listed above, (2) the nominee s resume, and (3) any other supporting documentation of the nominee s achievements in the criminal justice field. All nominations should be sent to: Stacey Brown, Membership/Marketing Associate, ABA Criminal Justice Section, th Street, NW, Washington, DC 20005, stacey.brown@americanbar.org. Nomination deadline: December 17, Nominations of qualified candidates will be received from any member of the ABA. PROJECTS AND COMMITTEES AT WORK On December 7, Betsy Biben, Chief of PDS Office of Rehabilitation and Development, Tina Luongo, Council Member and Chair of the Comprehensive Representation Task Force, Jonathan Rapping, founder and CEO of the Southern Public Defender Training Center and Randolph Stone, Director of the University of Chicago Law School Criminal & Juvenile Justice Project, presented a panel presentation entitled The Cornerstones of Comprehensive Criminal Defense: Models and Methods of Client Centered Representation, at the 2012 NLADA's Annual Conference in Chicago, Illinois. This session provided attendees with tools and specific strategies to enable defenders and civil legal services attorneys to work together to address, as comprehensively as possible, the client's interrelated civil, legal, and non-legal concerns and issues. More information about the program is available online at: Racial Justice Improvement Project (RJIP) The Criminal Justice Section s Racial Justice Improvement Project is proud to report that it has been awarded a supplemental grant by the Office of Justice Programs at the Department of Justice. The Bureau of Justice Assistance has awarded the Section S397,472; to continue the Racial Justice Improvement Project s work in criminal justice reform. To learn more about how your jurisdiction can apply to be one of the new four sites or for more information on the project's current reform efforts, contact the Project Director, Salma 4

5 S. Safiedine at or visit the Project's website at The Deadline for project applicants is February 1, To apply, please see the Request for Proposal (RFP) ect_rfp_ pdf. White Collar Crime Committee The Criminal Justice Section White Collar Crime Committee is currently accepting articles for publication in our upcoming 2013 Winter White Collar Crime Newsletter. The Newsletter, which will be published in March 2013, is a forum for practitioners to share their specialized knowledge with others members of the section. Any article on a current issue in White Collar Crime is welcome. The White Collar Crime Newsletter is a publication of the White Collar Crime Committee. Recent issues explored by the Committee include health care fraud, environmental crime, and computer crime. Publication requirements are as follows: Must be a Word document between 500 and 2,000 words Must be cited using footnotes Must be original work Include a three sentence caption that provides the author s name, title, and firm/affiliation Submissions are open, but all published articles require authors to be ABA and Criminal Justice Section members. Each author must sign a release form before publication (to be provided). All articles are due by February 11, 2013 Please submit your final article in word format, saved with the authors name as the title, and submit by with subject line "WCC Newsletter 2013 Submission" to the WCCC Subcommittee Chair/Editor of the WCC Newsletter, Salma Safiedine at s.safiedine@spartnerslaw.com. Not all articles submitted will be published. We look forward to reading your articles, and thank you for your interest! To join the Section, visit the Criminal Justice Section and to learn more about Section membership benefits, visit Section benefits. In the News Judge Matthew D Emic Pens Essay on Mental Health Criminal Justice Section member and New York State Judge to the Kings County Supreme Court, Matthew D Emic is featured in the National Catholic Reporter for his essay titled, Requiem for Rene: a suicide lament. Matthew J. D'Emic has presided over the 5

6 Brooklyn Domestic Violence Court since 1997 and the Brooklyn Mental Health Court since 2002, and has been recognized for his work in domestic violence by the Justice Department, the Brooklyn Women's Bar Association and the Lawyers Committee against Domestic Violence. His work in mental health has been acknowledged by the New York State Psychiatric Association and the National Alliance on Mental Illness, among others. You can read the feature on Judge D Emic and his essay at Editorial New York Times December 9, 2012 What Compassionate Release? The Bureau of Prisons has frozen a safety valve designed for sending prisoners home Federal sentencing law has been indefensibly harsh for a generation, but in theory it has contained a safety valve called compassionate release. The 1984 Sentencing Reform Act gives federal courts the power to reduce sentences of federal prisoners for extraordinary and compelling reasons, like a terminal illness. In practice, though, the Bureau of Prisons and the Justice Department, which oversees the bureau, have not just failed to make use of this humane and practical program, but have crippled it. That is the disturbing and well-substantiated conclusion of a new report by Human Rights Watch and Families against Mandatory Minimums. To read the full article, visit NEW TO THE SECTION Meet Anupriya Priya Krishna ABA Criminal Justice Section Law Fellow Priya is a native of Greenville, Mississippi. She received her B.A. in Criminology from The Ohio State University and J.D. from Cleveland- Marshall College of Law. She was inspired to pursue an LL.M. in National Security Law and U.S. Foreign Relations Law at The George Washington University Law School in order to learn about issues such as cyber security, homeland security, and emergency/disaster management that have rapidly grown in importance in the last decade. As a Law Fellow for the Criminal Justice Section, Priya assists staff with the State Policy Implementation Project, Comprehensive Defense Representation Task Force, and the Task Force on Juvenile Justice 6

7 Standards. She also conducts legal research. She recently assisted Justice Marvin A. Zuker of the Ontario Court of Justice by providing an U.S. perspective on a criminal law issue that was similar to an issue which came before his court in the case of Her Majesty the Queen v. Kyle Thompson. Priya is enjoying her fellowship with the Section as it provides an invaluable opportunity to see first-hand how the ABA makes national policy and strives to improve the criminal justice system. You can contact Priya at Anupriya.Krishna@americanbar.org. UPDATES The ABA s 29 th Annual National Institute on Criminal Tax Fraud & The 2 nd National Institute on Tax Controversy held last week December 6-7 in Las Vegas hit a milestone by attracting 195 registrants. This is Criminal Tax Fraud s largest attendance in the past 28 years. Widespread attendance at this nationally-acclaimed institute has been consistent for the past four years (with attendance as follows: ; ; 2011 a record 148 and 2012 a record-breaking 195). This ABA national institute remains the premier resource for attendees seeking tax-related CLE as well as NASBA accreditation. In last week s edition, the LC reported The ABA CJS Collateral Consequences Webinar held on November 19 entitled Retribution, Rehabilitation, or Justice? The Collateral Consequences of a Conviction as having 2621 in attendance. The actual number of audience participants was For more information on the National Inventory of the Collateral Consequences of Conviction (NICCC) Website visit TECHNOLOGY AT WORK VISIT THE CRIMINAL JUSTICE SECTION S COMPLETE CALENDAR AT Be sure to visit the (CJS) on the web at: Stay connected. Become a CJS Fan and follow us at ABA CJS on 7