Upcoming Programs & CLE
MARCH 2013

Second Annual White Collar Crime Institute--May 20th
White collar criminal prosecutions continue to dominate the legal landscape and the headlines. In particular, prosecutors and regulators are focusing on market abuse cases, such as insider trading, and the dangers presented to corporations and individuals from cyber crime. White collar defendants continue to face severe consequences if charges are brought, in the form of massive fines and substantial prison sentences, making effective pre-indictment advocacy increasingly important. Once charges are brought, technology is transforming the process of criminal discovery, particularly for corporate defendants. And ethical traps, both on the government side and the defense side, are everywhere, requiring careful focus for all of the lawyers involved.

The White Collar Criminal Law Committee's will explore these and other critical developments that have characterized this new era of white collar enforcement. Keynote speakers will be Cyrus R. Vance, Jr., Manhattan District Attorney and Loretta E. Lynch, United States Attorney for the Eastern District of New York; our panelists include senior government enforcement officials, judges, academics, general counsel of leading New York-based corporations and financial institutions, and top practitioners in the field. For more information please click here.

Getting Appointed to a Criminal Justice Act (“CJA”) Panel for the Second Circuit and the Eastern (“EDNY”) and Southern (“SDNY”) Districts of New York
Wednesday, March 20, 6:30 pm-8:30 pm

Botein Awards--Program and Reception
Thursday, March 28, 5:00 pm-7:00 pm

Persuade the Judge & Jury in Your Opening & Closing Arguments Using Storytelling, Body Language, PowerPoint & More…
Monday, April 22, 6:00 pm-9:00 pm

You Don’t Practice Criminal Law & You Get That Midnight Phone Call…New York Criminal Practice 101
Wenesday, April 24, 6:00 pm-9:00 pm

2ND Annual White Collar Crime Institute
Monday, May 20, 9:00 am-5:00 pm

Missed a CLE Program? You Can Still Benefit! CLE Programs' CDs, DVDs and other course materials can be found on the website.

Special Housing Units in Jails and Prisons

The Committees on International Human Rights and Corrections and Community Reentry wrote to the New York State Department of Corrections and Community Supervision (“DOCCS”) in support of a comprehensive review of DOCCS’s policies and procedures regarding punitive Special Housing Units in jails and prisons. The letter expresses concerns that segregation is too broadly employed as a disciplinary and administrative tool and that far too many inmates in New York are housed in such units. Also of concern are the length of stays in segregated housing and the proportionality between segregation sanctions and purported infractions. The committees urged that the review process be open and transparent, and that a timetable for the review process be publicized as soon as possible.

Immigration Detainers

In a joint letter to the New York City Council, the Committees on Criminal Courts, Civil Rights, Corrections and Community Reentry, Domestic Violence, and Immigration and Nationality Law expressed support for the Council’s efforts to strengthen current limitations on the City’s collaboration with U.S. Immigration and Customs Enforcement (“ICE”) with respect to the holding of immigrant New Yorkers subject to ICE detainers. Though the letter acknowledges that much has been done by the City to address the problems caused by ICE detainers, more needs to be done through City Council legislation to reduce the harm these detainers inflict on the City and its immigrant community while not posing legal impediments to ICE’s power to place any individual in removal proceedings. ICE detainers, the letter notes, still undermine basic principles of fairness and due process, erode community trust and raise concerns of racial profiling, interfere with the criminal justice system, endanger New York’s immigrant community, and cost the City millions of unreimbursed dollars every year, as individuals are held in city jails for an average of 73 days longer when detainers are issued.

Limitations Period for Fraud Suits

The Committee on White Collar Crime filed an amicus brief in the U.S. Supreme Court in Gabelli v. Securities and Exchange Commission, regarding whether the general time limit for civil penalty actions brought by the government can in effect be extended indefinitely in cases involving allegations of fraud. In Gabelli, the U.S. Court of Appeals for the Second Circuit found that the government’s claim accrued not when the alleged fraudulent conduct ceased but when the violation was actually discovered. The brief argues that the SEC’s effort to impose a “discovery” rule on the applicable limitations period for fraud suits when it seeks civil penalties is both unsupportable and impractical and that the decision of the Second Circuit should be reversed. To treat the five-year statute of limitations as anything but the clear cutoff Congress meant it to be, the brief notes, would undermine the important purposes underlying limitations periods generally. [Update: The Court found in favor of the plantiff; Justice Roberts's opinion concurred with elements from the Committee's brief.]

Committee Involvement--It's Never too Late
Committees are how the City Bar’s work gets done. Working on a committee can give you great experience while opening up a number of career doors, some you may not even anticipate.

A full list of the City Bar committees along with a brief description of each and an application form can be found on the City Bar’s website. As a number of City Bar committees have more applicants than available slots, please consider applying to more than one committee.