<<

Register for the 26th Annual National Institute on White Collar Crime February 29 - March 2, 2012 To register or for additional information, call (800) 285-2221 or visit our Web site at ambar.org/wcc2012 Upcoming ABA Programs 16th Annual National Institute on the Gaming Law Minefield February 23-24, 2012 Las Vegas (Henderson), NV ambar.org/glm2012 22nd Annual National Institute on Health Care Fraud May 9-11, 2012 Las Vegas, NV ambar.org/hcf2012 4th Annual National Institute on Internal Corporate Investigations and Forum for In-House Counsel May 16-18, 2012 San Francisco, CA ambar.org/ici2012 Miami Beach,FL Renaissance Miami Eden Roc March 2,2012 February 29- White CollarCrime 26th AnnualNationalInstituteon Young Division Firm Division andthe General Practice, Solo&Small in cooperationwith the Continuing LegalEducation and theABACenter for Criminal JusticeSection The AmericanBarAssociation Presented by

26th Annual National Institute on White Collar Crime February 29 - March 2, 2012 | Eden Roc Renaissance Miami Beach | Miami Beach, FL Don’t miss this comprehensive program! To register, please call (800) 285-2221 or visit ambar.org/wcc2012. Description of Proceedings

The 2012 White Collar Crime National Institute will take place from February 29 to March 2, 2012. Last year, attendance exceeded 1,000 at this annual gathering of the national white collar bar. The Institute proudly continues to present outstanding panelists who deal with some of the most significant issues of our time. Over the past twenty-five years, this Institute has been attended by leading federal and state judges and prosecutors, law enforcement officials, defense attorneys, corporate in-house counsel and members of the academic community. The faculty regularly includes some of the top members of the white collar bar in the and abroad. Among the audience are nationally-renowned lawyers, as well as many who are beginning to concentrate in the white collar area. Attendees have consistently given the Institute high ratings for the exceptional quality of its publication, the panelists’ presentations, the valuable updates on new developments and strategies, as well as the rare opportunity to meet colleagues in this field, renew acquaintances and exchange ideas. This year, we will once again present a panel for newer practitioners on the afternoon of February 29, with an emphasis on sentencing. The 2012 keynote panels will focus on the most significant white collar criminal trials of the past year, and on the ethical obligations of white collar lawyers. The Institute will have excellent representation from the corporate sector, including members of the legal and compliance groups of British Airways, CME Group, Exxon Mobil, General Dynamics, Microsoft, Morgan Stanley, Oracle Corporation, Qualcomm, Raytheon, Weatherford International and WellCare Health Plans. The Institute also will include senior members of the Department of Justice, prosecutors and distinguished members of the federal judiciary. Program Focus Substantive Topics

 Recent trials  Sentencing in white collar cases  Ethical pitfalls and blunders in white collar  The investigation and prosecution of practice international corruption – current and future trends  Representing individuals and the value of cooperation  Enforcement of securities fraud  The investigation and prosecution of  Commodities fraud attorneys in connection with the legal  Criminal antitrust enforcement advice they provide  Environmental criminal enforcement  Creative investigative techniques in white collar criminal cases  Criminal tax fraud  Discovery, asset tracing and collection of  Computer crime evidence in Europe and the United States  Healthcare fraud and abuse and potential pitfalls  Economic sanctions and OFAC regulations  Handling of issues related to electronically stored materials  Indemnification for legal costs under D&O policies in formal and voluntary disclosure cases  Commodities – a top area for enforcement  Internal investigations in the age of voluntary disclosure and cooperation agreements  The new landscape of insider trading cases Program Faculty

*Raymond Banoun Chair of the Institute Cadwalader, Wickersham & Taft LLP Washington, DC

Joseph P. Adamczyk Mary Patrice Brown Kevin M. Downing Director, Global Enforcement Deputy Assistant Attorney Senior Trial Attorney CME Group General Criminal Enforcement Section , IL Criminal Division Tax Division Daniel R. Alonso U.S. Department of Justice U.S. Department of Justice Chief Assistant District Washington, DC Washington, DC Attorney Stephen M. Byers Mary E. Doyle New York County District Partner Vice President Legal, Attorney’s Office Crowell & Moring LLP Global Chief New York, NY Washington, DC Compliance and Ethics Officer Oracle Corporation James M. Aquilina Richard E. Byrne Redwood Shores, CA Executive Managing Director Assistant Chief Attorney and Deputy General Counsel Professor Michael M. DuBose Exxon Mobil Corporation Managing Director Stroz Friedberg LLC Fairfax, VA Los Angeles, CA Cyber Investigations Benton J. Campbell Practice Leader Jennifer C. Archie Latham & Watkins LLP Kroll Latham & Watkins LLP New York, NY Washington, DC Washington, DC Catherine Chaskin Charles E. Duross Jodi L. Avergun Reed Smith Deputy Chief, Fraud Section Cadwalader, Wickersham Chicago, IL Criminal Division & Taft LLP Pamela Chepiga U.S. Department of Justice Washington, DC Washington, DC Allen & Overy LLP Bruce A. Baird New York, NY David L. Elkind Covington & Burling LLP Dickstein Shapiro LLP Washington, DC Caroline D. Ciraolo Washington, DC Rosenberg Martin Honorable Preetinder S. Greenberg, LLP *Brian C. Elmer Bharara Baltimore, MD Crowell & Moring LLP U.S. Attorney Washington, DC Nanci L. Clarence Southern District of New York Honorable John M. Facciola New York, NY Clarence Dyer & Cohen LLP San Francisco, CA U.S. Magistrate Judge Thomas H. Bienert, Jr. District of Columbia Bienert, Miller & Katzman PC Peter B. Clark Washington, DC San Clemente, CA Cadwalader, Wickersham Robert S. Fink & Taft LLP Kostelanetz & Fink, LLP Honorable Andre Birotte, Jr. Washington, DC U.S. Attorney New York, NY Central District of California *Michael A. Collora *Alice S. Fisher Los Angeles, CA Collora LLP Latham & Watkins LLP Joseph G. Block Boston, MA Washington, DC Venable LLP Charles Connolly Eric M. Friedberg Washington, DC Chief, Financial Crimes and Co-President Sara M. Bloom Public Corruption Unit Stroz Friedberg Assistant U.S. Attorney Eastern District of Virginia New York, NY District of Massachusetts Alexandria, VA Christopher L. Garcia Boston, MA Maria Da Cunha Chief, Securities and Martha A. Boersch General Counsel Commodities Fraud San Francisco, CA British Airways Task Force Southall, United Kingdom Assistant U.S. Attorney Richard D. Boscovich Eric Dezeuze Southern District of New York Senior Attorney New York, NY Digital Crimes Unit Bredin Prat Microsoft Corporation Paris, France David Gerger Seattle, WA John M. Dowd Gerger & Clarke Reed M. Brodsky Akin Gump Strauss Hauer Houston, TX Assistant U.S. Attorney & Feld LLP *Shelly L. Goldklang Southern District of New York Washington, DC Senior Counsel New York, NY Johnson & Johnson New Brunswick, NJ * Planning Committee Program Faculty

Andrew Goldsmith Kevin M. LaCroix Nina Marino National Criminal Discovery Executive Vice President Kaplan Marino Coordinator Oakbridge Insurance Services Beverly Hills, CA U.S. Department of Justice Beachwood, OH Professor Jerry W. Markham Washington, DC Carol C. Lam Florida International University Helen Gredd Senior Vice President and College of Law Lankler Siffert & Wohl LLP Deputy General Counsel Miami, FL New York, NY Qualcomm Inc. Denis J. McInerney Professor Bruce Green San Diego, CA Chief, Fraud Section Fordham University School Scott R. Lassar Criminal Division of Law Sidley Austin LLP U.S. Department of Justice New York, NY Chicago, IL Washington, DC Karen F. Green Jonathan Leiken Charles M. Meadows, Jr. Wilmer Cutler Pickering Hale Jones Day Meadows, Collier, Reed, & Dorr LLP Cleveland, OH Cousins, Crouch & Boston, MA Saverio Lembo Ungerman, LLP Marc R. Greenberg Bär & Karrer Ltd. Dallas, TX Keesal, Young & Logan Geneva, Switzerland *Stephanie J. Meltzer Long Beach, CA Stuart Levey Vice President, Assistant Scott D. Hammond Adjunct Senior Fellow General Counsel Deputy Assistant for National and Pfizer Inc Attorney General Financial Integrity New York, NY Criminal Enforcement Section Council on Foreign Relations Mark F. Mendelsohn Antitrust Division Washington, DC Paul, Weiss, Rifkind, Wharton U.S. Department of Justice *Janet I. Levine & Garrison LLP Washington, DC Crowell & Moring LLP Washington, DC *Nicholas C. Harbist Los Angeles, CA Laura Ariane Miller Blank Rome LLP Ronald H. Levine Nixon Peabody LLP Princeton, NJ Post & Schell PC Washington, DC *Brian J. Hennigan Philadelphia, PA Stacey H. Mitchell Irell & Manella LLP Daryl A. Libow Chief, Environmental Los Angeles, CA Sullivan & Cromwell LLP Crimes Section *Joshua R. Hochberg Washington, DC Environment and Natural McKenna Long & Carl D. Liggio, Sr. Resources Division Aldridge LLP McCullough, Campbell & U.S. Department of Justice Washington, DC Lane LLP Washington, DC Honorable Beryl A. Howell Chicago, IL Gregory G. Mocek U.S. District Judge *Gary S. Lincenberg Cadwalader, Wickersham District of Columbia Bird, Marella, Boxer, & Taft LLP Washington, DC Wolpert, Nessim, Drooks Washington, DC John C. Hueston & Lincenberg PC *Jane W. Moscowitz Irell & Manella LLP Los Angeles, CA Moscowitz & Moscowitz, PA Los Angeles, CA Gregory F. Linsin Miami, FL William B. Jacobson Blank Rome LLP Gary P. Naftalis Vice-President, Co-General Washington, DC Kramer Levin Naftalis & Counsel and Chief Andrew C. Lourie Frankel LLP Compliance Officer Kobre & Kim LLP New York, NY Weatherford Intl. Ltd. Miami, FL *Ronald J. Nessim Houston, TX Angela M. Machala Bird, Marella, Boxer, Evan A. Jenness Scheper Kim & Harris LLP Wolpert, Nessim, Drooks & Santa Monica, CA Los Angeles, CA Lincenberg PC Boyd M. Johnson III Sigal P. Mandelker Los Angeles, CA Wilmer Cutler Pickering Proskauer Rose LLP Jennifer G. Newstead Hale & Dorr LLP New York, NY Davis Polk & Wardwell LLP New York, NY *Vincent J. Marella New York, NY Harvey R. Kelly Bird, Marella, Boxer, Edward C. Nucci Managing Director Wolpert, Nessim, Drooks & Assistant U.S. Attorney AlixPartners, LLP Lincenberg PC Southern District of Florida New York, NY Los Angeles, CA Miami, FL * Planning Committee Program Faculty

Robertson T. Park John C. Richter Jeffrey A. Taylor Assistant Chief, Fraud Section Vice President and Chief Vice President and Criminal Division Litigation Counsel General Counsel U.S. Department of Justice WellCare Health Plans, Inc. Raytheon Integrated Washington, DC Tampa, FL Defense Systems *Michael S. Pasano Vivian Robinson QC Tewksbury, MA Carlton Fields LLP McGuireWoods LLP Eric A. Tirschwell Miami, FL London, England Kramer Levin Naftalis & Paul E. Pelletier Bruce Rogow Frankel LLP Mintz, Levin, Cohn, Ferris, Fort Lauderdale, FL New York, NY Glovsky and Popeo, PC John Roth Honorable Roger W. Titus Washington, DC Special Assistant for U.S. District Judge Noah B. Perlman International Money District of Maryland Managing Director and Head Laundering Policy Greenbelt, MD of Special Investigations U.S. Department of Justice Theresa Van Vliet Morgan Stanley Paris, France Genovese, Joblove & New York, NY Alka Sagar Battista, P.A. David B. Pitofsky Assistant U.S. Attorney Fort Lauderdale, FL Goodwin Procter LLP Central District of California Alan Vinegrad New York, NY Los Angeles, CA Covington & Burling LLP Karen A. Popp Michael G. Scheininger New York, NY Sidley Austin LLP McKenna Long & *Morris Weinberg, Jr. Washington, DC Aldridge LLP Zuckerman Spaeder LLP K. Keely Rankin Washington, DC Tampa, FL Dechert LLP William A. Schreiner, Jr. Reid H. Weingarten New York, NY Zuckerman Spaeder LLP Steptoe & Johnson LLP Monty Raphael QC Washington, DC Washington, DC Peters & Peters William N. Shepherd Susan G. Winkler London, England Holland & Knight LLP Chief, Health Care Fraud Unit Catherine Razzano West Palm Beach, FL Assistant U.S. Attorney Assistant General Counsel & Jonathan Streeter District of Massachusetts Director, International Law Partner Boston, MA General Dynamics Dechert LLP Ellen Zimiles Corporation New York, NY Managing Director and Falls Church, VA Ryan K. Stumphauzer Head of Global Investigations Charles P. Rettig O’Quinn Stumphauzer, PL and Compliance Hochman, Salkin, Rettig, Miami, FL Navigant Consulting, Inc. Toscher & Perez, P.C. New York, NY Beverly Hills, CA * Planning Committee Robert T. Rhoad Crowell & Moring LLP Washington, DC Silver Sponsors AlixPartners, LLP Nardello & Co. LLC Rothstein Kass

Bronze Sponsors Flash Drives Provided by: BDO Consulting Deloitte Cadwalader, Wickersham Guidepost Solutions LLC & Taft LLP Meadows, Collier, Reed, Cousins, Crouch & Ungerman, L.L.P. Perkins Coie LLP Protiviti Program Agenda Day One  Wednesday  February 29, 2012

11:00 a.m. Registration 2:30 p.m. White Collar Basics: Sentencing in White Collar Cases The panel will discuss some of the key sentencing issues that arise in white collar cases, including current judicial reliance on the U.S. Sentencing Guidelines and its impact on plea bargaining and sentencing post-conviction; waivers of appeals of sentences and their enforceability; as well as the general impact of the guidelines on the formulation of compliance programs. Moderator: Jodi L. Avergun Honorable Beryl A. Howell Karen A. Popp Andrew C. Lourie Eric A. Tirschwell Edward C. Nucci 4:30 p.m. Session Concludes 6:00 p.m. Young Lawyers Reception Sponsored by: Baker Hostetler LLP Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PC Crowell & Moring LLP Dechert LLP Excelerate Discovery Magna Legal Services 6:00 p.m. - Women in White Collar Crime Subcommittee Reception 7:30 p.m. (Lapidus Watson Room) Sponsored by: Duff & Phelps

Day Two  Thursday  March 1, 2012

8:00 a.m. Registration 9:00 a.m. Welcoming Remarks Raymond Banoun, Chair of the Institute Janet I. Levine, Chair, ABA Criminal Justice Section 9:15 a.m. Recent Trials Panelists will discuss some of the critical issues and strategies confronted during the investigation, following indictment, and during trial in several high visibility cases during the past year, including the Farkas (bank fraud), Rajaratnam (insider trading) and Stevens (FDA) matters. Moderator: Ronald J. Nessim Sara M. Bloom Bruce Rogow Charles Connolly Jonathan Streeter John M. Dowd Reid H. Weingarten 10:45 a.m. Coffee Break 11:00 a.m. Breakout Sessions I

A. REPRESENTING INDIVIDuALS: To PLEAD oR NoT To PLEAD—WHAT PRICE CooPERATIoN? Panelists will analyze issues confronted in the representation of individuals in white collar cases, including handling the pressure to cooperate with the government, the pros and cons of obtaining immunity agreements, making proffers, and confronting the differing interests where an investigation of a company is taking place at the same time. Moderator: Michael S. Pasano David Gerger Michael G. Scheininger Nina Marino Alan Vinegrad

B. CREATIVE INVESTIGATIVE TECHNIQuES IN WHITE CoLLAR CASES This panel will consider the impact and effect of the government’s increasing reliance on wiretaps and electronic recordings, undercover operations, and the use of informants. Panelists will discuss the appropriateness of these “real time” investigative techniques, the concerns they raise, the safeguards that govern their use, the challenges they pose during discovery and motions practice, and the issues they generate for defense attorneys. Moderator: Joshua R. Hochberg Martha A. Boersch Paul E. Pelletier Reed M. Brodsky David B. Pitofsky Denis J. McInerney

C. SECuRITIES FRAuD IN THE CouRTRooM: LESSoNS FRoM TRIALS AND PRE-TRIAL LITIGATIoN Panelists will discuss some of the more interesting evidentiary issues that arose in recent securities cases and the manner in which they were dealt with by counsel and the court, including motions filed and rulings made. Moderator: Gary S. Lincenberg Thomas H. Bienert, Jr. Pamela Chepiga Honorable Andre Birotte, Jr. Gary P. Naftalis

D. THE FoREIGN CoRRuPT PRACTICES ACT: RECENT DEVELoPMENTS The panel will discuss recent foreign bribery prosecutions and enforcement actions, the impact of the UK Bribery Act on U.S. companies, developments at the relevant enforcement agencies, and law enforcement priorities. It will also address the state of U.S. cooperation with foreign law enforcement authorities, defending multijurisdictional investigations, and the latest trends in designing and implementing effective compliance programs. Moderator: Mark F. Mendelsohn Peter B. Clark Charles E. Duross Mary E. Doyle Vivian Robinson QC

E. INTERNAL INVESTIGATIoNS IN THE AGE oF VoLuNTARy DISCLoSuRE AND CooPERATIoN AGREEMENTS Panelists will address key issues that arise during corporate internal investigations, including the risks and benefits of voluntary disclosure, the appropriateness of Upjohn warnings, handling conflicts of interest, dealing with counsel for individuals and managing expectations with the company, the government, and affected employees. Moderator: K. Keely Rankin Jonathan Leiken Catherine Razzano Angela M. Machala Ryan K. Stumphauzer 12:30 p.m. Luncheon E. Lawrence Barcella, Jr. Memorial Address Keynote Speaker: Honorable Preetinder S. Bharara, United States Attorney, Southern District of New York 2:00 p.m. Breakout Sessions II ETHICS A. ToP TEN REASoNS you’LL WISH you HAD BECoME A TRuST & ESTATES : ETHICAL PITFALLS AND BLuNDERS IN WHITE CoLLAR PRACTICE This panel will consider a series of difficult scenarios regarding the professional quandaries faced by white collar lawyers, and offer advice for avoiding and resolving some of the vexing and complex ethical dilemmas. Model Rules 1.2, 3.3, 4.1, 4.4 and 8.4. Moderator: Professor Bruce Green Daniel R. Alonso Evan A. Jenness Helen Gredd Laura Ariane Miller

B. THE NEW LANDSCAPE oF INSIDER TRADING CASES: THE LATEST GoVERNMENT INITIATIVES AND HoW DEFENSE LAWyERS AND CoRPoRATE CoMPLIANCE oFFICERS CAN ANSWER THE CHALLENGE Members of the panel will review the most recent trends in insider trading and tipping investigations, including the government’s novel investigative tools and the expanding definitional bounds of insider trading, and will offer compliance guidance for organizations and practice tips for defending against such investigations and criminal charges. Moderator: John C. Hueston Benton J. Campbell ETHICSCarol C. Lam Christopher L. Garcia Noah B. Perlman Boyd M. Johnson III C. DISCoVERy, ASSET TRACING, AND CoLLECTIoN oF EVIDENCE IN EuRoPE AND THE uNITED STATES: PERSPECTIVES, TECHNIQuES, AND PITFALLS This panel will discuss the various ways to trace assets and collect evidence and how to overcome the risks and consequences posed. Moderator: Jane W. Moscowitz Eric Dezeuze Theresa Van Vliet Saverio Lembo Ellen Zimiles John Roth D. E-DISCoVERy: WILL THERE EVER BE ANy RuLES? Panelists will explore nascent policy proposals and court cases that provide guidance for practitioners addressing today’s e-discovery world, and offer advice regarding broad third-party subpoenas, voluminous productions, discovery in the absence of a “meet and confer,” dealing with the social media, and techniques for ensuring that evidence is admitted in court. Moderator: Stephen M. Byers James M. Aquilina Honorable John M. Facciola Nanci L. Clarence Andrew Goldsmith E. NAVIGATING THE TuRBuLENT WATERS oF INTERNATIoNAL CARTEL ENFoRCEMENT This panel will address major issues in antitrust enforcement, including the increasing cooperation with foreign regulators and the effect of criminalization of conduct abroad, differences between criminal antitrust enforcement and other white collar prosecutions, including sentencing, use of DPAs and waivers of attorney-client privilege, as well as the impact of private class actions in the United States and abroad, on the government and defense approach to criminal cases. Moderator: Daryl A. Libow Bruce A. Baird Scott D. Hammond Maria Da Cunha Scott R. Lassar 3:15 p.m. Coffee Break 3:45 p.m. Breakout Sessions III A. PuMPED uP KICKS: ECoNoMIC SANCTIoNS ENFoRCEMENT’S NEW RuNNING SHoES This panel will focus on some key issues (and minefields) in investigating economic and trade sanctions cases, negotiating with the enforcement authorities, and developing strategies for confronting such violations and dealing with disclosure obligations, as well as the key remediation and compliance efforts that should be considered by a company with global operations. Moderator: Alice S. Fisher William B. Jacobson Monty Raphael QC Stuart Levey Jeffrey A. Taylor Jennifer G. Newstead B. TAx FRAuD, FoREIGN BANKS AND BANKERS, “REQuIRED RECoRDS DoCTRINE,” AND FoRFEITuRES The panel will discuss the status of foreign bank account cases, including the recent deferred prosecution agreements accepted by several foreign banks, the use of money laundering statutes in tax prosecutions, the “required records doctrine” to obtain foreign documents, and voluntary disclosures in non-foreign account matters. Moderator: Charles M. Meadows, Jr. Caroline D. Ciraolo Charles P. Rettig Kevin M. Downing Alka Sagar Robert S. Fink C. CoMPuTER CRIME Panelists will consider the challenges and possible solutions to various issues faced during corporate computer crime investigations, including hacking/breach incidents and digital forensics and analysis, and will explore innovative techniques for preparing strong criminal referrals in these complex matters. Moderator: Jennifer C. Archie Richard D. Boscovich Eric M. Friedberg Michael M. DuBose Sigal P. Mandelker D. INDEMNIFICATIoN FoR LEGAL CoSTS uNDER D&o PoLICIES IN FoRMAL AND VoLuNTARy DISCLoSuRE CASES Speakers will analyze some of the issues that confront companies and lawyers when dealing with D&O insurance policies in the context of criminal cases and investigations, and consider practical steps for resolving some of the obstacles that arise frequently in the D&O claims process. Moderator: William A. Schreiner, Jr. Catherine Chaskin Kevin M. LaCroix David L. Elkind William N. Shepherd E. CoMMoDITIES: A ToP AREA FoR ENFoRCEMENT This panel will discuss recent developments in the enforcement of commodities fraud, including market manipulation among others. Moderator: Michael A. Collora Joseph P. Adamczyk Gregory G. Mocek Professor Jerry W. Markham Robertson T. Park 5:00 p.m. Adjourn 5:00 p.m. White Collar Crime Committee Meeting 6:30 p.m.- Cocktail Reception 8:30 p.m. Sponsored by: Baker, Donelson, Bearman, Caldwell & Berkowitz, PC Bird, Marella, Boxer, Wolpert, Nessim, Drooks & Lincenberg PC Cadwalader, Wickersham & Taft LLP Capstone Advisory Group, LLC Carlton Fields LLP Crowell & Moring LLP Davis Polk & Wardwell LLP Grant Thornton LLP Holland & Knight LLP KPMG LLP Latham & Watkins LLP McKenna Long & Aldridge LLP Sidley Austin LLP Venable LLP Wilmer Cutler Pickering Hale and Dorr LLP Day Three  Friday  March 2, 2012

9:15 a.m. Prosecution of Attorneys in Connection with Providing Legal Advice ETHICS The panel will explore the recent prosecution of the associate general counsel of GlaxoSmithKline and other related investigations and prosecutions of attorneys with respect to the advice they provided, including the challenges of serving as an in-house counsel in a justice system with so many criminal statutes and regulations. Model Rules 1.2, 1.4, 3.4 and 3.8. Moderator: Morris Weinberg, Jr. Mary Patrice Brown Honorable Roger W. Titus Sara M. Bloom Reid H. Weingarten Carl D. Liggio, Sr. 11:00 a.m. Coffee Break 11:15 a.m. Breakout Sessions IV A. ENVIRoNMENTAL ENFoRCEMENT Panelists will discuss the DOJ’s ongoing investigation into the BP Gulf oil spill, the federal raid of a major guitar maker for possible Lacey Act violations of wood imports, jurisdiction and sentencing under Rapanos and Apprendi, the continuing focus on the Clean Air Act, worker safety and vessel pollution cases, and two new areas — wind power and e-waste. Moderator: Joseph G. Block Richard E. Byrne Gregory F. Linsin Marc R. Greenberg Stacey H. Mitchell B. HEALTHCARE FRAuD AND ABuSE This panel will focus on practical considerations and advice regarding health care fraud investigations and prosecutions, and will discuss the increased focus on individuals, and the complex interplay of federal and state criminal, civil, and administrative tools and remedies, such as exclusion, deferred prosecution agreements and independent monitors. Moderator: Karen F. Green Harvey R. Kelly John C. Richter Ronald H. Levine Susan G. Winkler Robert T. Rhoad 1:00 p.m. Conference Concludes Program Information Registration Fees In-Person Registration To register, or for additional information, call If you plan to register in person, please call the ABA at (800) 285-2221 or (312) 988-5522. least 24 hours in advance to confirm that the program is being held as scheduled and that space is available. Early Bird Rates (Valid Through January 27, 2012) Cash payments will not be accepted.  $1,285 General Public  $1,185 ABA Member Sponsorship Opportunities  $1,025 ABA Criminal Justice Section, General For information on sponsorship opportunities, please Practice, Solo & Small Firm Division Members contact Courtney Anderson at (312) 988-6210.  $500 Government Attorneys Cancellations Standard Rates (After January 27, 2012) Cancellations received 5 business days or more  $1,475 General Public before the program will receive a 100% refund, less  $1,355 ABA Member a $50 cancellation fee. No refunds will be provided  $1,180 ABA Criminal Justice Section, General for cancellations after that date; however, substitute Practice, Solo & Small Firm Division Members registrants are welcome at any time. To cancel your  $575 Government Attorneys registration or substitute another individual, please call Group and Other Discounts the ABA Service Center at (800) 285-2221 or fax your request to (312) 988-5850. Registrants who do not Register three or more people at the same time to cancel within the allotted time period and who do not receive an additional $50 reduction on each program attend the program will receive a copy of the program tuition. Larger group discounts and special rates for course materials after the program. full-time law students, academics and government employees are also available. For more information, Program Confirmation contact Earnestine Murphy (312) 988-6204. Written confirmation of your registration will be sent to you upon receipt. Please take it with you to the National Course Materials Institute as proof of registration. If you do not receive Course materials for ABA-CLE National Institutes will the confirmation notice prior to the presentation, please be provided and distributed via flash drive as a part call the ABA at least 24 hours in advance to confirm that of your registration fee. Hard copy course materials your registration was received and the program is being are available for purchase for an additional $50 fee. held as scheduled. Please select the option to purchase hard copy course materials when registering for this program. Hotel Information Eden Roc Renaissance Miami MCLE 4525 Collins Avenue ABA programs ordinarily receive CLE credit in AK, AL, Miami Beach, FL 33140 AR, AZ, CA, CO, FL, GA, GU, HI, IA, ID, IL, IN, KS, KY, Reservations: (305) 531-0000 or (800) 319-5354 LA, ME, MN, MS, MO, MT, NH, NM, NV, NY, NC, ND, Fax: (305) 674-5555 OH, OK, OR, PA, SC, TN, TX, UT, VT, VA, VI, WA, WI, Room Rate: $299 WV, and WY. These states sometimes do not approve a program for credit before the program occurs. This Hotel Deadline: February 7, 2012. course is expected to qualify for 11.0 CLE credit hours All room rates are subject to city occupancy and sales (including 3.0 ethics hours) in 60-minute-hour states, tax. Mention the ABA’s 26th Annual National and 13.2 credit hours (including 3.60 ethics hours) Institute on White Collar Crime to receive the in 50-minute-hour states. This transitional program is special discounted rate. approved for both newly admitted and experienced attorneys in NY. For more information about CLE Airline Information accreditation in your state, visit ambar.org/wcc2012. Discounted airfares are available from ABA Orbitz for Business including ABA negotiated discounts on NASBA American and United. To book online, go to www. The is registered with the americanbar.org/travel. Click under the Orbitz for National Association of State Boards of Accountancy Business logo at the top of the page, and click on (NASBA) as a sponsor of continuing professional the appropriate link in the Self Paid Travel box. For education on the National Registry of CPE Sponsors. assistance with online or offline reservations, call toll State boards of accountancy have final authority on free (877) 222-4185. Discounts can also be obtained the acceptance of individual courses for CPE credit. directly from the carrier. American: Call (800) 433- Complaints regarding registered sponsors may be 1790, code A1210SS; United: Call (800) 521-4041, submitted to the National Registry of CPE Sponsors code 578IG. through its website: www.learningmarket.org. Standing Committee on Continuing Scholarships Legal Education Scholarships to defray tuition expense for National Under the guidance of the Standing Committee on Institutes are available upon application. Preference Continuing Legal Education, the Center for Continuing will be given to public interest lawyers, government Legal Education administers and produces National lawyers, law professors and solo or small firm practitio- Institutes, webinars, other technology-based offerings, ners. For more information on scholarships, go to and written course materials to assist lawyers with their www.americanbar.org/groups/cle/scholarship. continuing legal education efforts. Services for Persons with Disabilities David W. Hilgers, Chair If special arrangements are required, please contact Brown McCarroll, L.L.P., Austin, TX Courtney Anderson at (312) 988-6210. Reasonable ABA Center for Continuing Legal Education advance notice is requested. Jill Eckert McCall, Director Earnestine Murphy, Associate Director of Programming Registration and Order Form The 26th Annual National Institute on White Collar Crime February 29 - March 2, 2012 | Eden Roc Renaissance Miami | Miami Beach, FL

TuITIon Breakout SeSSion iV  Friday  11:15 a.M. Early Bird Rates (Valid Through January 27, 2012) o A. enviRonmentAl enFoRcement o B. heAlthcARe FRAud And ABuse o $1,285 General Public o $1,185 ABA Member ABA MEMBERSHIP o $1,025 ABA Criminal Justice Section, General Practice, o Send me information and membership forms. Solo & Small Firm Division and Young Lawyers Division SECTIon MEMBERSHIP Members (MuST BE An ABA MEMBER) o $500 Government Attorneys o Enroll me in the Criminal Justice Section. Enclosed is a separate o Course materials will be provided via flash drives unless check for $45. otherwise requested. Check this box to receive course materials via printed book. ($50 additional) o Enroll me in the General Practice, Solo & Small Firm Division. Enclosed is a separate check for $45. Standard Rates (After January 27, 2012) o Enroll me in the Young Lawyers Division. Membership in the Young o $1,475 General Public Lawyers Division is free and automatic for all ABA members under o $1,355 ABA Member 36 years old or admitted to practice for less than 5 years. o $1,180 ABA Criminal Justice Section, General Practice, PRoDuCT oRDER FoRM Solo & Small Firm Division and Young Lawyers Division Order below or online at www.ShopABA.org Members o Send me the CD-ROM Package o Government Attorneys (CD-RoMS and course $575 materials—CEn12WCCCDR) available three weeks following the o Course materials will be provided via flash drives unless presentation for $1,095 for General Public, $975 for ABA Members, otherwise requested. Check this box to receive course $925 for Criminal Justice Section, General Practice, Solo & materials via printed book. ($50 additional) Small Firm Division and Young Lawyers Division Members, o $55 White Collar Crime Committee Luncheon (All plus $18.95 for domestic shipping and handling. registrants welcome. Ticketed Event. Space is limited.) o Send me the Course Materials (CEn12WCCCoR) for $250 o Women in White Collar Crime Reception  February 29 for General Public, $230 for ABA Members, $205 for Criminal  6:00 P.M. Justice Section, General Practice, Solo & Small Firm Division Members, plus $12.95 for domestic shipping and o Young Lawyers Reception  March 1  6:00 P.M. handling. o White Collar Committee Meeting  March 1  5:00 P.M. Illinois residents, add 9.75% sales tax; District of Columbia residents, add 6.0% use tax. Price is subject to change after 3/2/12. Please check one workshop for each day and time slot. Breakout SeSSion i  thurSday  11:00 a.M. To REGISTER AnD oRDER: o epResenting ndividuAls o leAd oR ot to leAd A. R i : t p n p – 8 online: Visit our secured Web site at WhAt pRice coopeRAtion? ambar.org/wcc2012 (credit card only) o B. cReAtive investigAtive techniques in White collAR cAses ( Phone: (800) 285.2221 or (312) 988.5522 (credit card only) o c. secuRities FRAud in the couRtRoom: (credit card only) lessons FRom tRiAls And pRe-tRiAl litigAtion 7 Fax: (312) 988.5850 o d. the FoReign coRRupt pRActices Act: must include Recent developments o MasterCard o VISA o American Express o e. inteRnAl investigAtions in the Age oF voluntARy disclosuRe And coopeRAtion AgReements Card No. ______Exp. Date ______Breakout SeSSion ii  thurSday  2:00 P.M. Signature ______o A. top ten ReAsons you’ll Wish you hAd Become A tRust & (Cardholder Signature Required) estAtes lAWyeR: ethicAl pitFAlls And BlundeRs in White or mail form and payment ETHICS + collAR pRActice (with your check payable to the american Bar association or with o he eW AndscApe oF nsideR RAding Ases he B. t n l i t c : t VISA, MasterCard, or American Express information) to: lAtest goveRnment initiAtives And hoW deFense lAWyeRs And coRpoRAte compliAnce oFFiceRs cAn the american Bar association AnsWeR the chAllenge Financial Services dept. Cen2WCC o c. discoveRy, Asset tRAcing And collection oF evidence P. o. Box 109078 in euRope And the united stAtes: peRspectives, Chicago, iL 60654-7598 techniques, And pitFAlls Name ______o d. e-discoveRy: Will theRe eveR Be Any Rules? o e. nAvigAting the tuRBulent WAteRs oF inteRnAtionAl Title ______cARtel enFoRcement Organization ______Breakout SeSSion iii  thurSday  3:45 P.M. o A. pumped up KicKs: economic sAnctions enFoRcement’s Address (No P.O. Boxes Please) ______neW Running shoes o B. tAx FRAud, FoReign BAnKs And BAnKeRs, “RequiRed RecoRds City ______State ______ZIP ______doctRine,” And FoRFeituRes Phone ______o c. computeR cRime o d. indemniFicAtion FoR legAl costs undeR d&o policies in Fax ______FoRmAl And voluntARy disclosuRe cAses E-mail ______o e. commodities: A top AReA FoR enFoRcement American Bar Association NoNprofIt Register for the Center for Continuing Legal Education orgANIzAtIoN 321 N. Clark Street, Suite 1900 U.S. poStAgE 26th Annual National Chicago, Illinois 60654-7598 pAID AmErICAN BAr Institute on ASSoCIAtIoN White Collar Crime February 29 - March 2, 2012 To register or for additional information, call (800) 285-2221 or visit our Web site at ambar.org/wcc2012 Upcoming ABA Programs 16th Annual National Institute on the Gaming Law Minefield February 23-24, 2012 Las Vegas (Henderson), NV ambar.org/glm2012 22nd Annual National Institute on Health Care Fraud May 9-11, 2012 Las Vegas, NV ambar.org/hcf2012 4th Annual National Institute on Internal Corporate Investigations and Forum for In-House Counsel May 16-18, 2012 San Francisco, CA ambar.org/ici2012 For additional information, see the calendar at www.abacle.org