UNITED STATES SENTENCING COMMISSION SYMPOSIUM ON ECONOMIC CRIME SEPTEMBER 18-19, 2013 JOHN JAY COLLEGE OF CRIMINAL JUSTICE, NEW YORK CITY AGENDA DAY ONE — September 18 8:45 a.m. Gerald W. Lynch Theater WELCOME AND INTRODUCTIONS Jeremy Travis President, John Jay College Hon. Patti B. Saris Chair, U.S. Sentencing Commission 9:00 a.m. – 9:30 a.m. Gerald W. Lynch Theater PLENARY SESSION I Laying the Foundation for Discussion: Trends in Economic Crime Sentencing Courtney Semisch Senior Research Associate, U.S. Sentencing Commission 9:30 a.m. – 10:30 a.m. Gerald W. Lynch Theater PLENARY SESSION II Views from the Stakeholders Regarding the Fraud Guideline Moderator: Hon. Charles R. Breyer Vice Chair, U.S. Sentencing Commission Russell Butler Hon. Melinda Haag Chair United States Attorney Victims Advisory Group Northern District of California Michael Caruso Hon. Loretta Preska Federal Public Defender Chief United States District Judge Southern District of Florida Southern District of New York Hon. J. Phil Gilbert United States District Judge Southern District of Illinois 11:00 a.m. – 12:30 p.m. Gerald W. Lynch Theater PLENARY SESSION III Visions of Change for Sentencing of Economic Crime Moderator: Hon. William H. Pryor, Jr. Commissioner, U.S. Sentencing Commission Jennifer Arlen David Debold Professor of Law Gibson, Dunn & Crutcher New York University Washington, D.C. Miriam Baer James E. Felman Associate Professor of Law American Bar Association Brooklyn Law School Committee on Sentencing Steven L. Chanenson Hon. Gerard E. Lynch Chair Circuit Judge Pennsylvania Commission on Second Circuit Court of Appeals Sentencing 2:00 p.m. – 3:30 p.m. GROUP BREAKOUT SESSION I Measuring the Seriousness of Economic Crimes — Discussion of Loss, Motive, Measuring Victimization, and Defining “Culpability” 4:00 p.m. – 5:30 p.m. GROUP BREAKOUT SESSION II Rewriting §2B1.1— Discussion of Specific Suggestions and Proposals RECEPTION Co-sponsored by: Office of President Jeremy Travis John Jay College of Criminal Justice Suite 625 5:30 p.m. – 6:30 p.m. Federal Bar Association, Chapter Activity Fund Haaren Hall Federal Litigation Section of the Federal Bar Association Criminal Law Section of the Federal Bar Association District of Massachusetts Chapter of the Federal Bar Association Federal Courts Committee of the New York County Lawyer’s Association Southern District of New York Chapter of the Federal Bar Association UNITED STATES SENTENCING COMMISSION SYMPOSIUM ON ECONOMIC CRIME SEPTEMBER 18-19, 2013 JOHN JAY COLLEGE OF CRIMINAL JUSTICE, NEW YORK CITY AGENDA DAY TWO — September 19 9:00 a.m. INTRODUCTION OF KEYNOTE SPEAKER Gerald W. Lynch Theater Hon. Patti B. Saris Chair, U.S. Sentencing Commission 9:05 a.m. – 9:35 a.m. KEYNOTE ADDRESS Gerald W. Lynch Theater Hon. Michael Oxley Baker & Hostetler LLP Former Congressman for Ohio’s Fourth Congressional District and Chairman of House Financial Services Committee 9:35 a.m. – 10:05 a.m. PLENARY SESSION IV Gerald W. Lynch Theater Report from Breakout Groups Kathleen Cooper Grilli Deputy General Counsel, U.S. Sentencing Commission 10:30 a.m. – 11:45 a.m. Gerald W. Lynch Theater PLENARY SESSION V How the Competing Purposes of Sentencing Influence Sentencing Policy for Economic Crime Moderator: Hon. Rachel Barkow Commissioner, U.S. Sentencing Commission Neil Barofsky Ellen S. Podgor Shanna R. Van Slyke Senior Fellow, NYU Law Professor of Law Assistant Professor of Criminal Justice Former Inspector General for TARP Stetson Law Utica College’s School of Economic Crime and Justice Meg Garvin Brett L. Tolman Executive Director Ray Quinney & Nebeker National Crime Victim Law Institute Former United State Attorney District of Utah 11:45 a.m. Gerald W. Lynch Theater CLOSING REMARKS Hon. Patti B. Saris Chair, U.S. Sentencing Commission ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑ ‑‑‑‑ x UNITED STATES SENTENCING COMMISSION ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑SYMPOSIUM ON ECONOMIC CRIME ‑‑‑ x September 18, 2013 8:45 a.m. JOHN JAY COLLEGE OF CRIMINAL JUSTICE 524 West 59th Street New York, NY 10019 WELCOME AND INTRODUCTIONS: Jeremy Travis Hon. Patti B. Saris Hon. Ricardo H. Hinojosa Hon. Ketanji Brown Jackson Hon. Charles R. Breyer Hon. Dabney Friedrich Hon. Rachel Barkow Hon. William H. Pryor, Jr. Hon. Jonathan Wroblewski. MR. TRAVIS: Good morning, everybody. My name is Jeremy Travis. I'm the President of John Jay College of Criminal Justice and I'm delighted to welcome all of you to this meeting of the United States Sentencing Commission. I apologize for having a frog in my throat, whatever is the appropriate cliché. I'm told the antibiotics will kick in real soon, so we'll see. But I'm delighted, really thrilled and honored that you have chosen John Jay as the place for this very important and timely meeting of the Commission. With the privilege of having the mic for a moment, let me just tell you a bit about where you are. So John Jay College is a remarkable institution. I'm privileged to be its president, I've been here now nine years. Here are some basic facts. We're almost 50 years old. We were founded, for those of us who remember those days, at a time when there was a lot of turmoil in our country about the role of the police, the criminal justice system, race riots in our cities. And a number of presidential commissions said it would be really important to have people who do the work of justice, particularly the police, be college educated. So John Jay was founded then. And our motto, which applied then and it applies now, is "educating for ‑‑ justice." So we're some people think we're a cop college, that's not what we are; we're a liberal arts college where students come if they're interested in questions of justice. So you'll see our logo outside that has many modifiers to that word, justice, a powerful word: International justice, environmental justice, racial justice, social justice, criminal justice, et cetera; for our English faculty, we also put up there poetic justice. So we have 15,000 students who come ‑‑ to John Jay every day not every day, thankfully, we couldn't accommodate them. Two doctoral programs, nine masters' ‑ ‑ ‑ programs, and about twelve and a half thousand of them are undergraduates and they go on to law school, and go on to policing, they go on to do human rights work. They do all sorts of wonderful things to make the world a better place. We're also the most diverse of the senior colleges within the City University of New York, something we're ‑ very proud of. Three quarters of our students are students of color. And they come here, all of our students, with just hunger and ambition, mostly working class immigrant kids, and we love helping them find their way up that ladder to economic success. So that's us. So let's just talk a bit about why we're so pleased to have you here. We think a lot about questions of criminal justice and the criminal sanction and sentencing and prisons and reentry here, this is my own area of scholarly work before coming here. And to think that we're hosting a meeting of the United States Sentencing Commission where you're addressing those questions is a great tribute. We sort of feel like it's in the air here. But it's also, as you know better than I, an important time for you to be ‑‑ doing this work. There's a lot of I was just talking with Judge Saris about it ‑‑ and we have a sense that there's some important sort of changes underway in our country. And this is the time for us to sort of think harder about old questions of what's the appropriate response to violations of the criminal law, and what ‑‑ to even push it back one further step, what is appropriate to be recognized as a violation of the criminal law. And ironically, there's a lot of work underway on that question, in fact today, in Washington. And the question of economic crime, where better than New York City to talk about those issues. I'll make no further comment on Wall Street. But let me take just a moment to also present a preview of coming attractions. One of the hats that I wear is I'm Chair of the Committee on Law and Justice of the National Academy of Sciences. And that committee has undertaken a review of the ‑‑ evidence of the science on what we the ‑‑ phrase, literal phrase of our title of our panel is the Causes and Consequences of High Rates of Incarceration in America. So this panel has almost done its work. It took us two years and five ‑ ‑ ‑ meetings, two and a half days each, to arrive at a consensus, which we have, on the causes. How did we get here? How did we get to the place where America now has ‑ more than quadrupled the per capita rate of incarceration after 50 years of stability leading up 1972? How did this happen? What caused it? So that's the ‑‑ big one big question that we're answering. And the second question is, what are consequences of being here for the people incarcerated, for public safety, for their participation in the labor market, for their children, for civic life, voting rights, and the like. So these are some of the big questions facing our country, and we are hopeful that the report of the consensus panel that I chair will be useful to facilitating that national conversation. And one of the important people, one of the important members, someone I've enjoyed getting to know over the years that we've done this work, is your very own Judge Ricardo Hinojosa.