<<

White Collar Practice 12 CLE credit hours including 1 ethics hour

November 14 – 15, 2013 Ritz-Carlton • Ten Avenue of the Arts • , PA

WELCOME SCHEDULE OF EVENTS RECEPTION

Wednesday Thursday, November 14, 2013 (6 substantive CLE credit hours) November 13, 2013 8:00 a.m. – 9:00 a.m. Registration and Continental Breakfast 5:30 p.m. – 7:00 p.m. 9:00 a.m. – 10:00 a.m. The “New” SEC Enforcement Priorities and Defense Strategies for 2013 Welcome Reception at Capital Grille Moderator: Thomas H. Lee II, Dechert LLP 1338 Chestnut Street Daniel M. Hawke, Director of SEC Phila. Regional Office Come join your colleagues and make new Mary Mulligan, Freidman Kaplan Seiler & Adelman LLP friends while we enjoy the atmosphere of this award-winning restaurant. 10:00 a.m. – 11:00 a.m. Criminal Law Trends at the Supreme Court Moderator: Stephen A. Miller, Cozen O’Connor Steven A. Engel, Dechert LLP 2013 COURSE PLANNERS Courtney Gilligan Saleski, DLA Piper

Arthur T. Donato, Jr., 11:00 a.m. – 11:15 a.m. Break Law Offices of Arthur T. Donato, Jr., Media 11:15 a.m. – 12:15 p.m. Money & Time: Sentencing Trends in Criminal Tax Michael J. Engle, Cases Greenblatt, Pierce, Engle, Funt & Flores, L.L.C., Moderator: Peter D. Hardy, Post & Schell Caroline D. Ciraolo, Rosenberg Martin Greenberg, LLP Philadelphia Nathan J. Hochman, Bingham Catherine M. Recker, Welsh & Recker, P.C., Philadelphia

Robert E. Welsh, Jr., 12:15 p.m. – 1:45 p.m. Lunch on your own, explore Center City Philadelphia and its Welsh & Recker, P.C., Philadelphia many excellent restaurants and shops.

Location 1:45 p.m. – 3:15 p.m. Navigating the Treacherous Path: Conducting Effective The Ritz-Carlton is located at Ten Avenue of the Arts, Internal Investigations Philadelphia, PA 19102. Walk in the footsteps of America’s Moderator: Michael A. Schwartz, forefathers and become a part of history. Stay in one of Blake A. Coppotelli, Freeh Group International Solutions America’s most venerable cities and absorb the character of Gregory A. Paw, Pepper Hamilton landmark buildings. 3:15 p.m. – 3:30 p.m. Break The Ritz-Carlton offers easy access to fine dining, shopping, and the city’s business district. 3:30 p.m. – 5:00 p.m. Terrorism Cases: Article III or Military Courts? Moderator: Catherine M. Recker; Welsh & Recker, P.C. James Joseph Benjamin; Akin Gump For overnight reservations, call 800-241-3333. Paul W. Butler, Akin Gump 5:00 p.m. – 7:00 p.m. Cocktail Reception at the Ritz-Carlton White Collar Practice 12 CLE credit hours including 1 ethics hour

November 14 – 15, 2013 Ritz-Carlton • Ten Avenue of the Arts • Philadelphia, PA

SCHEDULE OF EVENTS

Friday, November 15, 2013 (5 substantive CLE credits; 1 hour of ethics)

8:00 a.m. – 9:00 a.m. Registration and Continental Breakfast

Thank You to this year’s sponsors 9:00 a.m. – 10:00 a.m. When to Disclose, Whether and When to Repay: The ACA’s Impact on White Collar Lawyering Moderator: Virginia A. Gibson, Hogen Lovells Lewis Morris, Adelman, Sheff & Smith, LLC 2013 Gold Sponsors Marc S. Raspanti, Pietragallo, Gordon, Alfano, Bosik & Raspanti, LLP

10:00 a.m. – 11:00 a.m. Anatomy of a Criminal Export Violation: Investigation, Prosecution and Aftermath Moderator: Meredith S. Auten, Morgan Lewis Taylor Aspinwall, Deputy Criminal Chief, U.S. Attorney’s Dr. Elliott L. Atkins Office EDPA Margaret M. Gatti, Morgan Lewis Elizabeth D. Peloso, Vice Provost, Office of Research Dechert LLP Services, University of 11:00 a.m. – 11:15 a.m. Break

Arthur T. Donato, Esquire 11:15 a.m. – 12:15 p.m. Federal Sentencing: How Tight is that Collar? Moderator: Amy Baron-Evans, Federal Defender, Boston Anne C. Flannery, Law Offices of Anne C. Flannery, LLC Welsh & Recker, P.C. Peter Goldberger, Law Offices of Peter Goldberger

12:15 p.m. – 1:45 p.m. Lunch with Guest Speaker:

1:45 p.m. – 3:15 p.m. Emerging Issues in State Grand Jury Practice: Opportunities or Pitfalls Moderator: Mark B. Sheppard, Montgomery McCracken Laurel Brandstetter, Senior Deputy Attorney General for PA Matthew H. Haverstick, Conrad O’Brien

3:15 p.m. – 3:30 p.m. Break

3:30 p.m. – 5:00 p.m. Getting Your Clients Out Alive: Representing Entities and Their Representatives Before State and Federal Grand Juries (Ethics) Moderator: Mark A. Rush, K&L Gates Thomas J. Farrell, Farrell & Reisinger, LLC Joseph G. Poluka,

This seminar has been approved for 1 hour of ethics and 11 hours of substantive credit hours by the Continuing Legal Education Board of the Supreme Court of Pennsylvania.

CANCELLATION POLICY

There will be no refunds after November 8, 2013 (a colleague may take your place or your material will be sent to you). Cancellations prior to that date will be subject to a $50 cancellation fee. White Collar Practice 12 CLE credit hours including 1 ethics hour

November 14 – 15, 2013 Ritz-Carlton • Ten Avenue of the Arts • Philadelphia, PA

Please return this form no later than Nov. 5, 2013 with a check made payable to PACDL and mail it to: REGISTRATION PACDL • 115 State Street • Harrisburg, PA 17101 Seminar Prices:

Walk-ins will be accepted but Prices include meals, social events and CLE reporting fees. we cannot guarantee seating nor materials. Material will be supplied in electronic PDF format. Telephone 717-234-7403. Fax 717-234-7462. q Attorney Registration $600 q Public Defender or Attorney in Practice Less than 5 Years $545 q Thursday Only (includes reception) $400 q Friday Only (includes lunch with guest speaker) $400 Save 10% if 3 or more people from one office attends.

SPONSORSHIP Social Events Only (or Guest) Prices: OPPORTUNITIES q One Wednesday Reception Ticket $75 q Opportunities are available to sponsor this year’s One Thursday Reception Ticket $75 White Collar Practice seminar. If you choose to be q One Friday Luncheon Ticket $75 a sponsor, please send your company name and a Enclosed is $______high resolution logo (if available). You can I will be attending the following: either email the text and logo to [email protected] or mail it along with your check to: q Wednesday Reception q Thursday Reception q Thursday Seminar q Friday Seminar & Lunch PACDL • 115 State Street • Harrisburg, PA 17101 Pre-registration to all events is required. Address Information q Gold Sponsorship $3500 One seminar registration included, along with Name______recognition on signs at social events & at registration desk, and in course materials. Attorney ID______

q Silver Sponsorship $1500 Mailing Address______Recognition on signs at social events & at City______State______Zip______registration desk, and in course materials. Phone______

q Patron Sponsorship - any amount under FAX______$1,500 Email______

Please note any dietary needs or needs related to disabilities: The sponsorship deadline is ______Friday, October 27, 2013.

Please return this form with a check made payable to Payment Information PACDL and mail it to: q Pay by check q Pay by credit card

PACDL • 115 State Street • Harrisburg, PA 17101 Type of Card______Expiration Date______

Card Number______CVV Code*______

Name on Card______

Billing Address______

City______State______Zip______*Card Verification Value, the 3-digit number found on the back of Visa or Mastercard or the 4-digit number on the front of American Express Cards. White Collar Practice 12 CLE credit hours including 1 ethics hour

November 14 – 15, 2013 Ritz-Carlton • Ten Avenue of the Arts • Philadelphia, PA

SPEAKER BIOS

Taylor Aspinwall is the Deputy Criminal Chief of the Terrorism and National Security Unit of the U.S. Attorney’s Office, EDPA. The Ter- rorism and National Security Unit coordinates the federal law response to International and Domestic terrorism threats and directs the state, federal, and local Joint Terrorism Task Force (JTTF).

Meredith S. Auten is a partner in Morgan Lewis’s Litigation Practice and is a member of the White Collar Litigation and Government Investigations Practice. Ms. Auten concentrates her practice on the representation of corporations and individuals in all aspects of white collar litigation. A significant portion of her practice involves defending Civil False Claims Act/qui tam actions. Amy Baron-Evans is Sentencing Resource Counsel for the Federal Public and Community Defenders. She represents Defenders’ interests in sentencing policy matters, provides litigation support before the Supreme Court and courts of appeals, and teaches sen- tencing advocacy. Amy invented “deconstructing the guidelines” before Kimbrough v. United States was decided, and has authored or contributed to briefs in each of the U.S. Supreme Court’s major sentencing cases after Booker. She has authored numerous articles on federal sentencing law and policy and other criminal law issues, including the Crime Victims Rights Act, computer searches, and criminal discovery, and a book chapter on attacking government witnesses.

James J. Benjamin Jr., the head of Akin Gump’s securities enforcement and litigation practice group, represents clients in a wide variety of government and regulatory investigations and litigation. He also handles appellate and complex commercial litigation.

Laurel Brandstetter is a Senior Deputy Attorney General with the Pennsylvania Office of Attorney General where her primary focus is the prosecution of public corruption. Ms. Brandstetter served as the lead prosecutor over several grand jury investigations concerning: the Crawford County Treasurer’s Office, Rochester Borough, the Pennsylvania Gaming Control Board, former Representative Veon’s control of a Beaver County Nonprofit, the Sherriff of Beaver County and the Pennsylvania Turnpike Commission.

Paul W. Butler, a partner at Akin Gump, represents companies and individuals in government and corporate internal investigations and related civil litigation. He serves as a member of the firm’s litigation practice steering committee.

Caroline D. Ciraolo defends individuals and businesses in federal and state civil tax controversies, civil tax litigation, and criminal tax investigations and prosecutions at Rosenberg Martin Greenberg, LLP.. She is a Fellow of the American College of Tax Counsel, a vice- chair of the ABA Section of Taxation’s Civil and Criminal Tax Penalties Committee (“CCTP”), and former chair of the Maryland State Bar Association Taxation Section (2008-2009). Caroline regularly appears on behalf of her clients before the Internal Revenue Service and the Comptroller of Maryland. She litigates cases before the Maryland Tax Court, U.S. Tax Court, and the U.S. District Court, and handles appeals before the Maryland appellate courts and the U.S. Court of Appeals for the Fourth Circuit.

Blake A. Coppotelli is the Managing Director of the Freeh Group International Solutions which he joined in May 2011. He previously had a ten year career at Kroll Associates Inc. where he was responsible for advising public and private clients on complex issues focusing on internal and external fraud investigations, government, regulatory, and corporate anti-corruption issues, financial and investigative due diligence, internal corporate controls and governance, and ethics polices.

Steven A. Engel is a partner at Dechert LLP and has had a career spanning both private and public practice, and has developed signifi- cant expertise litigating high-profile trial and appellate matters and advising clients on the most sensitive and complex legal issues. Mr. Engel also regularly counsels clients in connection with government, congressional, and internal investigations.

Thomas J. Farrell is a partner at Farrell & Reisenger, LLC and his practice focuses on criminal defense, ranging from pre-indictment in- vestigations and negotiations and the representation of witnesses and victims, to trials, appeals and post-conviction petitions; from white collar matters such as health care fraud, tax evasion, complex securities frauds, and environmental crimes, to capital murder. In addition, he has extensive experience in civil rights litigation, commercial fraud litigation, corporate compliance and internal investigations and the prosecution of qui tam or whistleblower claims in connection with government contracts.

Ann C. Flannery has a solo federal criminal defense practice in Philadelphia. A former federal prosecutor, she has handled the defense of a broad range of investigations and prosecutions including matters involving mortgage fraud, tax, government contracts, pharmaceuti- cals, health care, antitrust, securities and commercial business operations.

Margaret M. Gatti is a partner in Morgan Lewis’s International Trade & Economic Sanctions Practice. Ms. Gatti’s practice encompasses export control and customs law, embargoed country regulations, international tax and trade law, government contracts, and Foreign Cor- rupt Practices Act (FCPA) matters.

Virginia Gibson is a partner at Hogan Lovells in its Investigations and White Collar Defense group. She focuses on internal investiga- tions, defense against government investigations, and criminal and civil False Claims Act litigation in the life sciences and health indus- White Collar Practice 12 CLE credit hours including 1 ethics hour

November 14 – 15, 2013 Ritz-Carlton • Ten Avenue of the Arts • Philadelphia, PA

SPEAKER BIOS

2013 Silver Sponsors tries. She has secured declinations and deferred prosecution from federal and state prosecutors in several matters and represented companies and individuals through civil settlements, criminal charges and sentencing. A federal prosecutor and trial lawyer for over 20 years in Philadelphia and Delaware, she served variously as First Briechle & Gelso, LLC Assistant, Executive Assistant and Civil Chief in both U.S. Attorney’s offices. There she prosecuted a number of significant pharmaceutical and health care cases, as well as numerous other fraud matters.

Conrad O’ Brien, P.C. Peter Goldberger is the founder and principal of a two-lawyer firm, located in Ardmore, PA, which for over 25 years has focused its practice on the post-conviction aspects of federal criminal cases, especially sentencing and appeals. Admitted to appear before every Circuit, Goldberger has argued some 200 federal appeals. He Cramer Swetz has been appointed on two occasions as counsel of record in federal sentencing & McManus, P.C. cases, and he has argued before the Supreme Court of the United States.

Peter D. Hardy is a Principal at Post & Schell’s Internal Investigations & White Collar Defense Group. His practice focuses on the counseling and defense of corporations, directors, officers, managers, professionals and others, across a broad spectrum of industries, which may face allegations of business-related or other misconduct. Mr. Hardy has significant experience in complex criminal matters at the investigative, trial, and appellate levels. He also has focused legal knowledge and experience in tax fraud, voluntary disclosures to the IRS, financial institution crime, money launder- ing, mortgage fraud, securities fraud, health care fraud, identity theft, public corrup- tion, and allegations of civil fraud. Matthew H. Haverstick is one of the state’s leaders in representing government officials and entities in matters ranging from public corruption investigations to the legality of various state and local laws. Matt has represented individuals, as well as corporations and government agencies (and their leaders), in statewide or county grand jury investigations, and has taken these clients before state grand juries well Patrons over 100 times in some of the most significant state public corruption and white collar cases in Pennsylvania history.

Daniel M. Hawke is the Unit Chief of the SEC Division of Enforcement’s Market James A. Backstrom, Esquire Abuse Unit and the Director of its Philadelphia Regional Office. In his capacity as Unit Chief, Mr. Hawke oversees nationwide investigations into large-scale insider trading networks and rings – so called “organized” insider-trading, large cap market manipulations, system-based and platform-driven trading violations such as front Lindy & Tauber running, collusive trading, best execution and abusive short selling violations as well as other systemic, institutional regulatory violations, internal control violations and other abusive market practices. In his capacity as Regional Director, Mr. Hawke oversees the Commission’s regulation and enforcement programs in Pennsylvania, Delaware, Maryland, Virginia, West Virginia and the District of Columbia.

Nathan J. Hochman is a partner at Bingham McCutchen LLP and practices complex civil and criminal litigation, with a focus on white collar criminal defense and tax controversy matters. He represents individuals and organizations involved as targets, subjects, or witnesses in state and federal criminal investigations, internal investiga- tions, and related grand jury and pre-trial proceedings, trials, and appeals. He also represents clients in state and federal tax controversy, tax litigation, arbitrations and complex civil matters.

Thomas H. Lee II, a partner at Dechert LLP, focuses his practice on representing companies and individuals involved in criminal and other government investigations and related civil litigation, including investigations and litigation under the federal False Claims Act and state counterparts, the federal Food, Drug and Cosmetic Act, White Collar Practice 12 CLE credit hours including 1 ethics hour

November 14 – 15, 2013 Ritz-Carlton • Ten Avenue of the Arts • Philadelphia, PA

SPEAKER BIOS

the Medicare/Medicaid Anti-Kickback Statute, the Bank Secrecy Act, the Financial Institutions Reform, Recovery and Enforcement Act (FIRREA) and state consumer fraud statutes.

Stephen Miller is a member of Cozen O’Connor’s Commercial Litigation practice. His practice focuses primarily on helping companies and individuals navigate government investigations, implement compliance programs, and defend against criminal charges. Prior to joining Cozen, Mr. Miller served nine years as a federal prosecutor in the U.S. Attorneys’ Offices in the Southern District of New York and the Eastern District of Pennsylvania. Mr. Miller served as a law clerk to the Honorable Antonin Scalia of the U.S. Supreme Court and Judge Joel M. Flaum of the Seventh Circuit.

Lewis Morris, Senior Counsel at Adelman, Sheff & Smith, LLC, joined the firm in June 2012, after retiring from the Department of Health and Human Services, Office of Inspector General (OIG) with 25 year; of service. Lew has served as Chief Counsel to the OIG for the last ten years, during which time he designed and implemented the OIG self-disclosure protocol; which enables organizations to voluntarily disclose self-dis- covered evidence of potential fraud and avoid the costs and disruptions associated with a Government-directed investigation and litigation.

Mary E. Mulligan’s practice combines white-collar criminal defense and internal investigations with intellectual property litigation. At Freidman Kaplan Seiler & Adelman LLP, Ms. Mulligan has represented individuals and corporations in matters involving allegations of insider trading, Foreign Corrupt Practices Act violations, criminal antitrust violations, securities fraud, tax fraud, internet fraud, healthcare fraud, and cyber stalk- ing. She has conducted internal investigations concerning alleged securities law violations, accounting control issues, and corporate governance practices.

Gregory A. Paw, a partner with Pepper Hamilton LLP, is an experienced trial lawyer with extensive white collar experience. A former Deputy U.S. Attorney and past director of the New Jersey Division of Criminal Justice, Mr. Paw is a member of the Pepper’s White Collar Litigation and Investigations Practice Group. He also is a member of the firm’s Business Integrity Practice Group.

Elizabeth D. Peloso is the Vice Provost of the Office of Research Services at the University of Pennsylvania.

Joseph G. Poluka is a partner in the White Collar Defense & Investigations group at the of Blank Rome LLP. Mr Poluka represents clients in the investigation and defense of a wide variety of criminal offenses including complex fraud, corruption, and tax schemes, and also advises on corporate compliance policies.

Marc S. Raspanti is a name partner of Pietragallo Gordon Alfano Bostick & Raspanti, LLP, where he founded the firm’s national Qui Tam Practice Group. He also serves as Chair of the firm’s White Collar Criminal Defense Practice Group. Mr. Raspanti focuses his national litigation practice on affirmative federal and state qui tam litigation, white collar criminal defense, health care litigation and complex commercial litigation.

Catherine M. Recker, a partner at Welsh & Recker, has more than twenty years’ experience representing individuals and corporations in criminal investigations, trials and appeals and in other government enforcement and regulatory matters. These include cases and parallel pro- ceedings alleging antitrust and securities violations, Foreign Corrupt Practices Act and other import/export violations, tax fraud, environmental violations, public corruption charges and Food Drug and Cosmetic Act violations, False Claims Act and anti-kickback laws.

Mark A. Rush is a partner with K & L gates and and concentrates his practice on litigation as a trial lawyer, with emphasis on corporate criminal defense and complex commercial litigation. Mr. Rush has defended individuals, public and private corporations, public officials, government contractors, and healthcare providers who are subjects of federal and state grand jury investigations and investigations by the DOJ, SEC, FDA, EPA, FTC, and various other federal and state agencies.

Courtney Gilligan Saleski is a partner in DLA Piper’s Litigation practice. Her practice focuses on appellate, white collar criminal, complex civil and antitrust litigation, as well as internal corporate investigations. Before joining DLA Piper, Ms. Saleski served for over five years as a pros- ecutor in the United States Attorney’s Office for the District of Columbia. Ms. Saleski served as a law clerk to Chief Justice William Rehnquist of the U.S. Supreme Court and Judge Frank Magill of the Eighth Circuit.

Michael A. Schwartz is a partner and co-chair of the Litigation and Dispute Resolution Department of Pepper Hamilton LLP, resident in the Philadelphia office. He is a member of the firm’s White Collar Litigation and Investigations, and Media and Communications Practice Groups. Mr. Schwartz focuses his practice in the areas of criminal defense and counseling, internal corporate investigations, corporate compliance programs and First Amendment matters.

Mark B. Sheppard is a partner in the Litigation Department at Montgomery, McCracken, Walker & Rhoads, LLP. With a broad base of civil and criminal trial and appellate experience, his practice focuses on white collar criminal defense, SEC Enforcement and complex commercial litiga- tion.