Table of Contents - American Bar Association

White Collar Crime Committee
Co‐Chairs: Brian Hennigan and Morris “Sandy” Weinberg
The committee continued to take a leadership role in 2009‐10 in advancing the Section’s goals of
education, promotion of policy initiatives, and providing a platform to help develop the next
generation of criminal justice experts. We worked to foster a continuing dialogue between
defense attorneys and the Department of Justice, particularly in areas of national policy. Our
DOJ Liaison committee, under the leadership of Jack Selden, held numerous meetings with
Attorney General Holder and his staff. Justice Department representatives, as well as those from
the SEC and other government agencies, participated in numerous committee programs and
events around the country.
The committee launched, and will continue work begun last year studying prosecutors’
compliance with their discovery obligations under Brady v. Maryland and other law. The Brady
Project consists of public defenders, prosecutors, defense lawyers, judges, ethics officers, and
academics to study and survey the Brady and disclosure obligations and practices around the
country. The goal of the group is to propose a model practice for the identification and
production, in a timely manner, of exculpatory materials to defendants in state and federal
criminal prosecutions. The first step in this endeavor was the creation of a short online
survey which seeks information about disclosure policies and practices in state and federal
jurisdictions around the country. The survey can be found at
http://www.surveymonkey.com/s.aspxsm=exhlqmTQEvNeQInAqwBi3g_3d_3d.
The completion of the Upjohn Best Practices Report is one of our most significant
accomplishments. As a result of the Upjohn Report, Gary Collins and David Seide worked with
the ABA Publishing to release “Warning the Witness: A Guide to Internal Investigations and the
Attorney‐Client Privilege” in March.
The WCCC’s Regional and Substantive subcommittees – working with the National leadership
and the ABA Center for Continuing Education – put on National Institutes covering issues such
as Securities Fraud, the Foreign Corrupt Practices Act, Criminal Tax Fraud, Gaming Law,
Health Care Fraud, Computer Forensics, and the Civil False Claims Act. This year, together
with the Business Law and International Law Sections, we cosponsored the Second Annual
National Institute on Internal Corporate Investigations and In‐House Counsel. The
subcommittees also continue their endeavor to achieve parity and a balanced approach by
involving state and federal prosecutors along with defense attorneys in all programming.
This menu of national programming was punctuated by the 24th Annual National Institute on
White Collar Crime in February. More than 1,300 practitioners gathered in Miami to benefit from
the expertise and insights of a unique blend of judges, federal, state and local prosecutors, other
law enforcement officials, defense attorneys, corporate in‐house counsel, and members of the
academic community. Our institute, founded by former committee co‐chair and National
Institute program chair, Ray Banoun, stands alone as the preeminent gathering of White Collar
Crime practitioners in the country.
Local programming continued to highlight our committee’s work. A few of the more than 30
programs are set forth below. Our thanks to our dedicated, substantive and regional committee
chairs for their hard work.
ABA Criminal Justice Section Annual Report 2009-2010 44