ABA Home
Membership
ABA Groups
Resources for Lawyers
Publications & CLE
Advocacy
News
White Collar Crime Committee
header

White Collar Crime Committee 

 Committee News

E-Discovery Survey
 
Dear Criminal Justice Section Members: 

Here is a link to an online survey regarding the handling of electronically stored information (“ESI”) as evidence in criminal cases.  The survey is short, and should take only 5 to 10 minutes to complete.  Your responses will greatly assist the Criminal Justice Section’s Task Force on Criminal E-Discovery in developing best practices and guidelines in this important and rapidly expanding area of criminal law. Thank you for your assistance.

Stephen M. Byers, Chair, CJS Task Force on Criminal E-Discovery

-------------------------------

MARK YOUR CALENDAR!

National Institute on White Collar Crime, Feb. 29 - March 2, 2012, Miami, FL

-------------------------------

The WCC Committee has developed a "Brady Best Practices" group which needs your help.  The group consists of public defenders, prosecutors, defense lawyers, judges, ethics officers, and academics.  It seeks to study and survey the Brady and disclosure obligations and practices in criminal justice systems nationwide.  The committee has created a short on-line survey which seeks information regarding disclosure policies and practices in state and federal jurisdictions.   Please take the time to address this short-poll and feel free to pass it on to your interested colleagues. Click here for the online poll.   

 

 Goals

We will continue and expand the work begun by the “Brady Best Practices” group, by promoting the implementation and awareness of the Brady Resolution that was passed by the Criminal Justice Section Council in April 2011 and currently stands before the House of Delegates in August 2011.  The Brady Resolution has proposed a model practice for the identification and production, in a timely manner, of exculpatory materials to defendants in state and federal criminal prosecutions.

Ensure that our Committee is interfacing with the chairs and planning committees of the CJS National Institutes that are of importance to our members. This initiative includes efforts to ensure that Committee members have speaking opportunities at the same.

Foster a routine dialogue with other committees and sections on matters of common interest, including but not limited to, The CJS Prosecution and Defense Functions; the ABA CJS Standards Committee, and ABA Task Forces including Global Anti-Corruption and Attorney Privilege.

Work with U.S. Attorney General Eric Holder and the Assistant Attorney General of the Criminal Division, in continuing the DOJ Dialogue Group meetings with the Department. Encourage Regional chairs to focus on dialogue sessions between the defense bar and the U.S. Attorney's Offices in their regions where issues of common concern can be discussed.

Encourage Regional and Substantive chairs to hold three programs per year within their respective regions to assist members in staying current on relevant topics and better monitor their progress. Each program should qualify for CLE credit.

Encourage the Regional and Subcommittee chairs to continue to contribute and solicit articles and other items to the WCC's quarterly e-newsletter, and to continue to contribute to the Criminal Justice Section publications.

Encourage WCC members to participate and contribute articles to the WCC quarterly e-newsletter.

Work with the Section's Book Board and CLE Board Committees on publishing relevant WCC materials.

Solicit new policy initiatives and maintain timetables to ensure their timely completions.

Continue work on the issue of over-criminalization generally, including a complete overhaul of the federal criminal code, the preservation of the attorney-client and work-product privileges, and addressing relevant sentencing issues arising under the advisory guidelines, with other CJS committees, NACDL, and the Heritage Foundation.

Continue to work on initiatives focused on expanding our membership, including but not limited to the AICPA initiative, as well as efforts to attract new ABA members to our Committee.

Recognize the efforts and accomplishments of Committee members whenever possible.

That we established a task force on statements to the press in criminal cases and review the ABA policy on this issue. These issues often occur in high-profile cases and I think a task force to review and update the ABA policy on this issue would be worthwhile

 

 Section Events

Retrieving Data

 About the Committee

 News of Interest

Lindsey Manufacturing Company FCPA Case Dismissed

Congratulations to CJS Chair Janet Levine and former Council member Jan Handslik for the Lindsey Manufacturing opinion. The Court’s decision granting the motion to dismiss the indictment has been filed. On May 10, 2011, following a six-week jury trial, Lindsey Manufacturing Company, its CEO, Keith Lindsey, and its former CFO, Steve Lee, were convicted of conspiring to violate the FCPA and committing an additional five substantive violations of the FCPA.  The motion alleged a  pattern of purposeful and prejudicial government misconduct running throughout the investigation and prosecution of the case. 

Related Documents to the Case: Order on MTD Mot to Dismiss for Pros Misconduct (and Supplemental); Defendants' Motion to Dismiss the Indictment; Government's Response to Motion to Dismiss the Indictment; Supplemental Brief in Support of Motion to Dismiss (1, 2, 3); Government's Response to Defendants Supplemental Brief; Reply to Government's Opposition to Defendants Supplemental Brief

-------------------

U.S. vs. Lauren Stevens: The Ruling on the Rule 29 of the Federal Rule of Criminal Procedure

On May 10, 2011, United States District Court Judge Roger W. Titus issued a surprising ruling in the Lauren Stevens’ case by granting the defendant’s motion for judgment under Rule 29 of the Federal Rules of Criminal Procedure.  The defendant, a former in-house lawyer for GlaxoSmithKline was acquitted, and due to jeopardy, the government is unable to appeal this decision. 

Judge Titus opinion emphasizes the importance of attorney client privilege.   The Judge found fault with an earlier ruling by a magistrate judge, which compelled the production of documents containing privileged attorney client material.  Stating that the government should never have received access to this information, Judge Titus deemed the Crime Fraud Exception inapplicable to this case.   The Court found that this case was not an instance of an attorney appointed to help a client commit a crime, but instead constituted a thoughtful and good faith effort by Ms. Stevens to gather information and act on behalf of her client, GlaxoSmithKline.

Judge Titus stressed the serious implications that may arise from this action and the possibility of abuse in permitting prosecution of a lawyer for providing legal guidance.  The Judge made it clear that while lawyers “do not get a free pass to commit crimes,” they “should never fear prosecution because of advice that he or she has given to a client who consults him or her.”  Moreover, the Court asserted that the importance of the confidential nature of the communication between the attorney and client can not be overlooked, and “a client should never fear that its confidences will be divulged unless its purpose in consulting the lawyer was for the purpose of committing a crime or a fraud.”

In its commitment to the privileged nature of dealings between attorneys and their client, this opinion strongly articulates that lawyers should be free to fervently act in the interests of their clients without interference. 

 Recent Committee Activities

Deputy Attorney General James M. Cole presented the keynote address at the 25th Annual National Institute on White Collar Crime (San Diego, March 2, 2011). See highlights of the conference.  

 
 
 
 
 
 
 
 
 
 
The WCCC Midwest Region/Chicago Subcommittee hosted a Health Care Fraud Enforcement Trends and Compliance Strategies CLE Program and Reception on Jan. 20, 2011. The event was held at the Chicago offices of Perkins Coie with 55 people in attendance. The panel discussed recent developments in the health care fraud arena, including new enforcement policies and amendments to the False Claims Act among other issues. The panel (pictured left) was moderated by Joel Levin, Partner, Perkins Coie. Panelists included Kathleen Howard, Of Counsel, Perkins Coie; Mario Pinto, Assistant Special Agent in Charge, HHS; OIG David Resnicoff, Associate General Counsel & Vice President, Ethics & Compliance, Baxter International Inc.; and Jeffrey Teske, Vice President & Chief Compliance Officer, Advocate Health Care.

 

 Resources

 WCC Newsletter

 Publications

Retrieving Data
decorative graphic

 ListServ

cjswhitecollar
List for White Collar Crime (Distribution Only)
subscribe | unsubscribe
Post | Archives | Search | Settings
American Bar Association

American Bar Association, Attorneys, Chicago, IL