If I had a formula for bypassing trouble, I would not pass it around. Trouble creates a capacity to handle it. I don’t embrace trouble; that’s as bad as treating it as an enemy. But I do say: meet it as a friend, for you’ll see a lot of it, and had better be on speaking terms with it.Oliver Wendell Holmes, Jr
White-collar crime continues to be an important global topic for financial institutions and corporations. Indeed, the past couple of years have been the most active in white-collar crime enforcement resulting in shockingly high fines imposed by US regulators, including this year’s record US$8.97 million penalty imposed on BNP Paribas for breaking US sanctions against Sudan, Iran and Cuba. Now, more than ever, it is important for practitioners and in-house counsel to understand and familiarise themselves with the white-collar ‘trouble’ that has the potential to arise within their organisations.
As Co-Chair of the American Bar Association Criminal Justice Section White-collar Crime Committee, I endeavour to ensure that the Committee takes a leadership role in furthering awareness and knowledge on pressing white-collar crime issues to practitioners, academics and legal scholars across the nation and internationally. The Committee’s experts – composed of prosecutors, defence attorneys, federal and state judges and academics – touch on a wide variety of interest areas and we continually explore practice problems relating to issues such as health-care fraud, internal corporate investigations, corporate monitoring, tax fraud, the Foreign Corrupt Practices Act, money laundering, sanctions, qui tam enforcement, and securities fraud. We also develop policy and sponsor annual continuing legal education (CLE) programmes on areas of white-collar crime.
The Committee strives to be the leading voice for white-collar crime practitioners and corporate counsel nationwide and increasingly abroad. Here is an overview of our efforts to keep that voice ringing loud and clear.
Through CLE seminars, workshops, conferences and networking events, the White-collar Crime Committee develops compelling discussions among leaders in the field and consistent legal updates on a variety of white-collar crime topics. Significant upcoming programmes are:
3rd Annual Criminal Justice Section International White-collar Crime Institute (13–14 October 2014, London)
The Criminal Justice Section International White-collar Crime Institute is a one-and-a-half day conference that features top legal practitioners from across the globe tackling topics such as corporate espionage, cybercrime, international money laundering and sanctions, cross-border evidentiary concerns, whistle-blowers, deferred prosecution agreements and international internal investigations. The conference will be hosted at the law offices of Berwin Leighton Paisner (Adelaide House) in London.
American Bankers Association/American Bar Association Money Laundering Enforcement Conference (9–11 November, Baltimore)
The ABA/ABA Money Laundering Enforcement Conference is the only BSA/AML conference that brings together the experience and expertise of the American Bankers Association and the American Bar Association. It’s an unparalleled opportunity for white-collar crime professionals and lawyers to benefit from the perspectives of not one, but two powerhouse organisations on money laundering and enforcement issues.
Securities Fraud National Institute (13-14 November, New Orleans)
The Securities Fraud National Institute features experts from the US Department of Justice and the US Securities and Exchange Commission for an exclusive educational and professional forum to examine current legal and ethical issues relating to securities fraud. Issues discussed include creative discovery tactics in defending securities fraud allegations, compliance chiefs: the role of the internal watchdog, and the future of private plan securities.
White-collar Crime National Institute (4–6 March 2015, New Orleans)
The 29th Annual White-collar Crime National Institute will proudly continue to tackle the most significant issues of our time. Over the past 28 years, leading federal and state judges and prosecutors, law enforcement officials, defence attorneys, corporate in-house counsel and members of the academic community have served as panelists and attendees. This year, we will present three exciting breakout panels dedicated to addressing regional issues, a panel focused on women specialising in white-collar work, and search warrants. The 2015 keynote panels will focus on the most significant white-collar criminal trials of the past year, and on the ethical implications presented by the use of social media and other electronic technology.
Corporate & Financial Fraud: Legal and Financial Implications of Corporate Misconduct by Miriam F Weismann
Corporate & Financial Fraud: Legal and Financial Implications of Corporate Misconduct examines the financial and legal consequences of corporate crime while delving into, among other topics, a broader perspective for the practitioner on the motivations of corporate crime, the financial schemes involved, what the law prohibits and how to engage in effective damage control.
White-collar Crime Committee Newsletter
The White-collar Crime Committee Newsletter is a quarterly publication that showcases content and opinion of leading experts, scholars, and practitioners through articles written by our Criminal Justice Section members.
Other relevant committees
Global Anti-Corruption Committee
The Global Anti-Corruption Committee’s (previously a task force) principal purpose is to monitor, evaluate and report on developments under transnational anti-bribery instruments such as the UK Bribery Act, the German Anti-Corruption Act, the Japanese Unfair Competition Prevention Law, Russia’s National Plan for Counteraction to Corruption, South Africa’s Prevention and Combating of Corrupt Activities Act, the US Foreign Corrupt Practices Act, the UN Convention Against Corruption, and the OECD Anti-Corruption Convention, among other comparable anti-corruption apparatuses.
Women in White-collar Subcommittee
The mission of the Women in White-collar Subcommittee of the Criminal Justice Section’s White-collar Committee is to: provide opportunities to promote and enhance the legal practices and business development opportunities of female white-collar lawyers; promote and increase gender diversity in white-collar crime; and to collaborate with other individuals and organisations to improve the status of women practising in white-collar crime.
Pamela is a partner in Allen & Overy’s US litigation group, based in New York. Pamela specialises in regulatory, civil and criminal litigation in the financial services area. Prior to joining Allen & Overy, Pamela was the founding director of the Securities Arbitration Clinic at Fordham University School of Law. Prior to that position she was a partner at Cadwalader, Wickersham & Taft. From 1982 to 1984, she served as the Chief of the Securities and Commodities Fraud Task Force in the United States Attorney’s Office of the Southern District of New York. While there, she specialised in white-collar criminal prosecutions, headed the unit in charge of prosecuting all securities and commodities cases, and coordinated criminal prosecutions with the Securities and Exchange Commission and the Commodity Futures Trading Commission.
About the author
Pamela is recognised by Chambers USA as a top lawyer in litigation. Pamela is also distinguished as a leading practitioner in The International Who’s Who of Business Crime Defence Lawyers 2013 and was shortlisted as ‘Top US Female Litigator of the Year’ in the Chambers USA 2013 and 2012 Women in Law awards.
Pamela has taught in trial advocacy programmes at Harvard Law School, Hofstra Law School, Cardozo Law School and the New York City Corporation Counsel’s Office. She has also lectured extensively on insider trading, white-collar crime, and the RICO statute.
Pamela is currently the National Co-Chair of the American Bar Association’s CJS White-collar Crime Committee and is a member of the Association of the Bar of the City of New York’s White-collar Crime Committee.