The Evolving Trends of White Collar Criminal Law in North Carolina

Transcription

1 Criminal Justice The Evolving Trends of White Collar Criminal Law in North Carolina 2016 White Collar Crime Program LIVE Friday, May 13, 2016 Elon University School of Law, Greensboro CLE CREDIT: 8.0 Hours Includes 1.0 Hour Ethics/ Professional Responsibility Planned by the NCBA Criminal Justice Section SUMMARY This CLE program addresses a broad array of topics relating to complex white collar criminal law in both federal and state court. Learn how today s practices differ from those in the past and receive a forecast of what may be ahead. This unique program covers a wide variety of practical aspects of business crimes, including: Possible heightened risks for individual executives per DOJ s new Yates Memo The range of ethical issues that arise in internal investigations The importance of advocacy at the pre-charge phase A primer on the government s tools for following (and seizing) the money Some tips on common grounds for effective downward variance motions in white collar cases Advice on the importance of preserving issues in business crime trials In short, this program provides invaluable and practical training for lawyers who practice in criminal, corporate and regulatory compliance settings.

2 The Evolving Trends of White Collar Criminal Law in North Carolina 2016 White Collar Crime Program #516WCC May 13, 2016 FOUR WAYS TO REGISTER ONLINE* PHONE* FAX* MAIL** Attn: Accounting, NCBA Foundation, P.O. Box 3688, Cary, NC *Credit cards only. **Please make checks payable to the NCBA Foundation. TUITION LIVE VIDEO REPLAY (VR) Select format and tuiton rate below. REGISTRANT TYPE NCBA Criminal Justice Section Member NCBA Member NCBA Paralegal Division Member Non-member Full-time LANC Attorney (NCBA Member) 1st Year Licensed in NC (NCBA Member) CLE Passport Holder SELECT ONE Judge (NCBA Member) Clerk of Court (NCBA Member) Law Professor (NCBA Member) Law Student Division Member Paralegal Student Member EARLY BIRD TUITION Received one week prior to program date. $260 $280 $180 $335 These categories do not qualify for Early Bird tuition. These categories do not qualify for Early Bird tuition or include any MCLE fees. REGULAR TUITION Received less than one week prior to program date. $315 $335 $235 $390 $180 $99 8 Tokens $25 REGISTRANT INFORMATION Please print clearly. 516WCC-B Print Full Name: Firm/Organization Name: Address: City, State and ZIP: Daytime Phone Number: Address: NC State Bar No. (Required for MCLE Credit): PAYMENT Registration is processed only after payment is received. Please print clearly. Enclosed is a check, payable to the NCBA Foundation. Please charge my credit card. Card Number: Expiration Date: Total Amount: Signature:

3 Program Agenda Friday, May 13, 2016, 8:15a 5:15p 8:15a Registration 8:40 Welcome and Introductions 8:45 Executives Beware: The Implications of DOJ s New Yates Memo Peter C. Anderson and Claire J. Rauscher This session provides an overview of the new Yates Memo, including a discussion of the possible implications on internal investigations as well as securing corporate cooperation credit. 9:45 Ethical Red-Flags in Internal Investigations: A Practical Checklist* Amy E. Richardson and Jasmine S. McGhee This session covers a number of ethical issues that often arise in the context of internal investigations and provides practical tips to avoid crossing into dangerous waters. 10:45 Break Sponsored by Tharrington Smith LLP and Womble Carlyle Sandridge & Rice LLP 11:00 Jump-Starting an Effective White Collar Defense: Critical Steps to Take in the Early Pre-Charge Phase Josh Howard and Wade M. Smith This session includes strategies and practical tips that lawyers can explore in the beginning of a case in hopes of avoiding criminal charges. 12:00p Networking Lunch (included at Live program only) Sponsored by Lawyers Mutual Liability Insurance Company of North Carolina 12:30 Keynote Panel Address From Typewriters and Fax Machines to Digital Discovery: The Technology Isn t the Only Thing That Evolves Moderator: Peter C. Anderson Panel: Martin L. Brackett Jr., Joseph B. Cheshire V, Locke T. Clifford, James P. Cooney III, Eben T. Rawls III, David Rudolf, Wade M. Smith and James F. Wyatt III During this session, some of the recognized Deans of the North Carolina criminal defense bar share their historical perspectives on a variety of issues, including significant changes and concerns, as well as a forecast for the future. 2:00 Is the F.L.U. Spreading? A Primer on Forfeiture and Restitution Benjamin Bain-Creed Almost every federal white collar case involves forfeiture and restitution. This session provides a basic primer on substantive and procedural restitution and forfeiture law, introduces the various players whom you may encounter while litigating restitution and forfeiture, and enables you to forecast for your client what to expect in a case involving restitution and forfeiture. 3:00 Effective Grounds for Downward Variances in White Collar Cases Brian S. Cromwell and Sarah F. Hutchins This session presents an overview of the critical role of advocacy at the sentencing phase of a case, as well as some important and successful variance grounds to include in your sentencing memorandum.

4 4:00 Break Sponsored by Gammon Howard & Zezotarski PLLC and Wyatt & Blake LLP 4:15 Preserving Hope: Effective Appellate Advocacy in White-Collar Cases Ann Hester and Amy E. Ray This session addresses the importance of protecting the record for successful appeals in white-collar cases and effectively presenting your case on appeal. 5:15 Adjourn 5:30 Networking Reception Sponsored by Gammon Howard & Zezotarski PLLC, Harris Wiltshire & Grannis LLP, K&L Gates, Parker Poe Adams & Bernstein LLP, Tharrington Smith LLP, Wyatt & Blake LLP and Womble Carlyle Sandridge & Rice LLP *Indicates portion providing Ethics/Professional Responsibility credit Step-By-Step Download Instructions 1. Go to 2. Click on Your Course Materials. (on right-side navigation) 3. Log in. (For assistance, call ) 4. Click on the CLE program title. 5. Download and save. AVAILABLE IN OUR BOOKSTORE The ABCs of Criminal Court Part of the ABCs of NC Law Series by Chad D. Garrett Whether a new attorney or an experienced practitioner, the widsom necessary to be a great criminal lawyer is found within these pages, including pertinent information on the following topics: Appeals Bonds and Pretrial Release Crimes Defenses Expunctions Foundation Questions (Admissibiity of Evidence) General Crimes And much more! This quick-reference guide serves as a complete, all in one tool to establish the 20% foundation that will grow your confidence and criminal practice to 100% of its potential. For more information, call the Bookstore at , or visit and click on Publications. FINE PRINT REGISTRATION Registrations are limited by space, and may include a live video broadcast overflow room. TRANSFERS Registrants may transfer from a Live program, Video Replay, Webcast, Webinar or Phone/Audio Streaming Program without penalty within three business days after the program date. CANCELLATIONS Cancellations must be received by 9:00 a.m. the third business day prior to the program to qualify for a refund (less $75 administrative fee). Those not attending will receive the digital program materials in full consideration of tuition paid. MCLE CREDIT The North Carolina Bar Association Foundation is an accredited CLE sponsor under the MCLE Regulations promulgated by the NC State Bar Board of Continuing Legal Education. This program is approved (but not sponsored) by the Board for the designated number of CLE hours. Each attorney must maintain a record of his/her attendance for the NC State Bar annual report. MCLE credit is reported by NCBA Foundation only if a NC State Bar number is provided. Your CLE tuition includes mandatory State Bar fees used to support the State Bar s Mandatory Continuing Legal Education program, the Chief Justice s Commission on Professionalism and the Chief Justice s Equal Access to Justice Commission. Your tuition also includes digital access to all program materials. DIGITAL PROGRAM MATERIALS You will receive a notification when digital materials are available to download. To retrieve digital materials, log in and select Your Course Materials on the CLE website. All of the materials for this program will be available for download in advance of the program. A limited number of printed books will be available for purchase at the Live program. VIDEO REPLAYS To qualify for the Early Bird tuition, registration must be received one week prior to program date. NC State Bar rules require a minimum number of preregistered active State Bar members. The NCBA Foundation reserves the right to cancel any video program prior to the program date if registrations do not meet the NC State Bar requirement. Some sites require additional registration or evaluation forms. Visit to confirm video replay registration and program start times. CLE credit hours at Video Replays are subject to change. Video replay program attendees may purchase the printed manuscript at cost. Due to printing and shipping lead times we are unable to accommodate requests for print materials made fewer than seven (7) days prior to any video replay program. INCLEMENT WEATHER We make every effort to notify registrants when a program is canceled or delayed due to weather. If inclement weather is forecast, please check your local news listings or contact event venue. NCBA programs will follow the work schedule of the hosting institutions, to include delayed openings. CLE SCHOLARSHIPS A limited number of scholarships are available to members in financial need. Contact Membership Services at or akemple@ncbar.org. EVENT SPONSOR AND EXHIBITOR OPPORTUNITIES Interested in meeting the attendees of this program? Become an exhibitor or sponsor! Contact Jennifer Shapiro at CLESponsorship@ncbar. org for detailed information about these opportunities and their benefits. FOR MORE INFORMATION, VISIT WWW. NCBAR.ORG/CLE.

5 Program Information Planner Peter C. Anderson, Beveridge & Diamond PC, Charlotte Speakers Peter C. Anderson, Beveridge & Diamond PC, Charlotte Benjamin Bain-Creed, U.S. Attorney s Office, WDNC, Charlotte Joseph B. Cheshire V, Cheshire Parker Schneider & Bryan PLLC, Raleigh Martin L. Brackett Jr., Robinson Bradshaw & Hinson PA, Charlotte Locke T. Clifford, Clifford Clendenin and O Hale LLP, Greensboro James P. Cooney III, Womble Carlyle Sandridge & Rice LLP, Charlotte Brian S. Cromwell, Parker Poe Adams & Bernstein LLP, Charlotte Ann Hester, Federal Defenders of Western Carolina, Charlotte Josh Howard, Gammon, Howard & Zeszotarski PLLC, Raleigh Sarah F. Hutchins, Parker Poe Adams & Bernstein LLP, Charlotte Jasmine S. McGhee, K&L Gates LLP, Raleigh Claire J. Rauscher, Womble Carlyle Sandridge & Rice LLP, Charlotte Eben T. Rawls III, Rawls Scheer Foster & Mingo PLLC, Charlotte Amy E. Ray, U.S. Attorney s Office, WDNC, Asheville Amy E. Richardson, Harris Wiltshire & Grannis LLP, Raleigh David Rudolf, Rudolf Widenhouse, Charlotte Wade M. Smith, Tharrington Smith LLP, Raleigh James F. Wyatt III, Wyatt & Blake LLP, Charlotte Sponsors (at time of printing) SILVER SPONSOR Lawyers Mutual Liability Insurance Company of North Carolina LAW FIRM SPONSORS Gammon Howard & Zezotarski PLLC, Harris Wiltshire & Grannis LLP, K&L Gates, Parker Poe Adams & Bernstein LLP, Tharrington Smith LLP, Wyatt & Blake LLP and Womble Carlyle Sandridge & Rice LLP Event Location Elon University School of Law 201 North Greene Street Greensboro, NC Room Hotel Information Contact hotel(s) directly for reservations at the special NCBA room rate. Rates are based on availability and may sell out. Greensboro Marriott Downtown Rate: $229 single or double Reservations: Cutoff Date: April 12, 2016 Reference Corporate ID: NC Bar Association CLE

6 P.O. Box 3688 Cary, NC Nonprofit Org. US Postage PAID Raleigh, NC Permit #297 BECOME A CLE EVENT SPONSOR for one of our award-winning CLE programs. For more information, including event details and the various levels of sponsorship, contact Jennifer Shapiro, Sponsorship Development Coordinator, at or CLESponsorship@ncbar.org. Criminal Justice The Evolving Trends of White Collar Criminal Law in North Carolina 2016 White Collar Crime Program LIVE Friday, May 13, 2016 Elon University School of Law, Greensboro CLE CREDIT: 8.0 Hours Includes 1.0 Hour Ethics/Professional Responsibility Provided practical perspectives on White Collar Criminal Defense from various players including investigators, judges, U.S. Attorneys and experienced defense counsel. Attendee, 2015 White Collar Crime Program